2003-62

Final Decision

At its February 27, 2004 public meeting, the Government Records Council ("Council") considered the February 23, 2004 Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted to adopt the entirety of said Findings and Recommendations. The Council dismissed the complaint finding that access was not withheld and the requestor had not responded to the Government Records Council staff’s February 18, 2004 letter to make arrangements with Union City to review the documents.

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 Acting Executive Director

Relevant Records Requested: The total number of handicapped spaces issued from 10/99 to the present. The total number of loading spaces issued from 10/99 to the present. The total number of wireless antennae permits issued from 10/99 to the present. A list of construction permits issued from 10/99 to the present. A complete copy of minutes from the committee meeting of 2/4/02. A copy of the Bond Ordinance regarding the 47^th Street pool project. A copy of an Ordinance entitled Wireless Towers and antennae.
Custodian: Borough Clerk
Request Made: February 19, 2003
Response Made: February 19, 2003
GRC Complaint filed: May 2, 2003

Recommendations of Acting Executive Director

The requestor stated in a February 13th, 2004 phone conversation with the GRC that the custodian has not complied with his request. Mr. Falto was not more specific except to say that he has not gotten what he wanted. The GRC consequently spoke to Bruce Padula whose office was representing the City of Union City. Mr. Padula informed the GRC that Mr. Falto was invited to review the records for any of his outstanding requests that were made, maintained, or kept on file. He stated that to the best of his knowledge, Mr. Falto had not yet come in to review these records.   In an October 17th, 2003 e-mail to Mr. Falto the GRC stated that they had contacted Mr. Padula and had arranged for Mr. Falto’s review of the records. At that time, Mr. Falto stated that $3,000 dollars was an excessive amount to pay for the information, and he would prefer to review the records instead.

The Acting Executive Director respectfully recommends the Council find that if the requestor has not responded to the Government Records Council staff’s February 18, 2004 letter giving him five business days to make arrangements with Union City to review the documents, the case should be dismissed. 

Legal Analysis
A legal analysis is not needed at this time.

Documents Reviewed
February 19, 2003 - Records Request
May 5, 2003 - Denial of Access Complaint
July 22, 2003 - Request for Statement of Information
August 12, 2003 - Statement of Information accompanied by cover letter
August 19, 2003 - Letter to the Requestor from the Custodian’s Counsel
August 25, 2003 - Letter from the GRC to the Requestor
October 1, 2003 - Letter to the Requestor from the Custodian's Counsel
February 18, 2004 - Letter from the GRC to the Requestor

Conclusion
The Acting Executive Director respectfully recommends the Council find that if the requestor has not responded to the Government Records Council staff’s February 18, 2004 letter giving him five business days to make arrangements with Union City to review the documents, the case should be dismissed.

________________________

Paul F. Dice
Acting Executive Director
Government Records Council

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