2003-60

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 

Decision Distribution Date:  September 15, 2004

Return to Top

Findings and Recommendations of the Executive Director

Records Requested:

1. Copy of request for 40 point document
2. Superintendent and Business Administrators 2002-03 itemized expenses.

Request Made: April 24, 2003 
Response Made:    May 2, 2003
Custodian:   Michael Rinderknecht
GRC Complaint Filed: May 7, 2003

Background

On August 3, 2004 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 24, 2003 – Complainant’s OPRA request to Custodian
2. May 2, 2003 – Custodian’s response to Complainant’s OPRA request
3. May 7, 2003 – Complainant’s Denial of Access Complaint
4. July 31, 2003 – Council’s Offer of Mediation to the Complainant and Custodian
5. July 31, 2004 – Custodian signed Mediation Agreement
6. August 8, 2003 – Complainant signed Mediation Agreement
7. August 3, 2004 – Complainant and Custodian signed Mediation Settlement Agreement.

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 signed Mediation Settlement Agreement. 

Prepared By:

Marion M. Davies
Case Manager

Approved By:

Paul F. Dice
Executive Director
Government Records Council

August 23, 2004

Return to Top