NJ Seal
State of NJ - Government Records Council Email Grc

2004-04

- Final Decision
- Findings and Recommendations of Executive Director

Final Decision

Ross Kushner,
   Complainant
      v.
Borough of Riverdale,
   Custodian of Record

Complaint No. 2004-04

 

At its August 12, 2004 public meeting, the Government Records Council (Council) considered the August 6, 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 of the Complainant’s withdrawal of his complaint.

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 12th Day of August, 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 

Return to Top

Findings and Recommendations of Executive Director

Ross Kushner,                                                  GRC Complaint No. 2004-04 
Complainant
v.
Borough of Riverdale, 
Custodian of Records

Records Requested: Copy of Morris County Geographic Information Systems (GIS) CD-Rom for Riverdale
Custodian: Carol Talerico
Request Made:   July 1, 2003
Response Made: July 7, 2003
GRC Complaint filed: December 16, 2003

Background

The Complainant filed a Denial of Access Complaint with the Government Records Council on June 7, 2004 pursuant to N.J.S.A. 47:1A-1 et. seq. alleging denial of Access to Morris County GIS records.

The Complainant stated that according to the Morris County Department of Planning, each municipality is responsible for supplying this data to the public.

In a July 15, 2004 e-mail to the Government Records Council, Mr. Kushner stated that he “recently received the disputed GIS data from the Borough of Riverdale.” He, therefore, wishes to withdrawal his Complaint.

Analysis

The Complainant has voluntarily withdrawn his case. As a result, no analysis is needed.

Documents Reviewed

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

  1. July 1, 2003 – Complainant’s records request
  2. July 3, 2003 – Letter from the Custodian to the Complainant
  3. December 16, 2003 – Denial of Access Complaint
  4. February 2, 2004 – Custodian’s Statement of Information
  5. July 7, 2004 – Letter from Custodian to Complainant
  6. July 15, 2004 – Complainant’s E-mail to the GRC withdrawing his complaint

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case based on the Complainant’s voluntary withdrawal.

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

August 6, 2004

Return to Top