2003-50

Final Decision

At its September 9, 2004 public meeting, the Government Records Council (Council) considered the August 23, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. The Council voted unanimously to adopt the entirety of said findings and recommendations.  The Council, therefore, dismissed the case on the basis that the parties reached a settlement of this case in Mediation.

This is the final administrative determination in this matter. Any further review should be pursued in the Appellate Division of the Superior Court of New Jersey within forty-five (45) days. Information about the appeals process can be obtained from the Appellate Division Clerk’s Office, Hughes Justice Complex, 25 W. Market St., PO Box 006, Trenton, NJ 08625-0006.

Final Decision Rendered by the
Government Records Council
On The 9^th Day of September, 2004

Vincent P. Maltese, Chairman
Government Records Council

I attest the foregoing is a true and accurate record of the Government Records Council.

Virginia Hook, Secretary
Government Records Council 

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Findings and Recommendations of the Executive Director

Records Requested:

1. Specific sources of the current surplus
2. Yearly total funds budgeted for Professional salaries for 2000-01 –03
3. Monies paid to legal counsel for the school District 2001-03
4. Funds budgeted or legal Counsel 2003-04
5. Acknowledgement that legal Counsel represents the School Board Collectively and individually Alvarez, Ratner and Mc Guire in ongoing Civil Action Elias.v. River Vale Board of Education
6. Acknowledgement that Legal Counsel is employed by the River Vale School district’s Insurance Carrier in the Elias v. River Val Board of Education civil action.
7. Funds transferred from all accounts in the School Budget for 2002-03
8. Superintendent and Business Administrators 2002-03 itemized expenses.

Request Made: April 9, 2003
Response Made:    April 15, 2003
Custodian:   Michael Rinderknecht
GRC Complaint filed: A pril 25, 2003

Background

On August 3, 2004 both the Complainant and the Custodian signed a Mediation Settlement Agreement.

Analysis

Pursuant to N.J.S.A. 47:1A-7(d) the parties mutually agreed to mediation and settlement, and therefore, no legal analysis is needed.

Documents Reviewed

The following records were reviewed in preparation for this “Findings and Recommendations of the Executive Director”

1. April 9, 2003 – Complainant’s OPRA request to Custodian
2. April 15, 2003 – Custodian’s response to Complainant’s OPRA request
3. April 25, 2003 – Complainant’s Denial of Access Complaint
4. May 6, 2003 – Council’s Offer of Mediation to the Complainant and Custodian
5. May 19, 2003 – Complainant’s  & Custodian’s signed Mediation Agreement
6. August 3, 2004 – Complainant’s & Custodian’s signed Mediation Settlement

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case based upon the parties August 3, 2004 Mediation Settlement Agreement. 

Prepared By:
Marion M. Davies
Case Manager

Approved By:
Paul F. Dice
Executive Director
Government Records Council

August 23, 2004

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