Final Decision
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Michael DeLuca,
Complainant
v.
Town of Guttenberg,
Custodian of Record
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Complaint No. 2004-8
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At its May 13, 2004 public meeting, the Government Records Council (Council) considered the May 5, 2004 Supplemental 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. Therefore, the Council dismissed the case on the basis of the complainant’s voluntary withdrawal of the complaint during 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 13th Day of May, 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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Supplemental Findings and Recommendations of Executive Director
Michael De Luca GRC Complaint Number 2004-8
Complainant
v.
Town of Guttenberg
Custodian of Records
Relevant Records Requested: Request for Permit and License, Permit # 04-002 Quality Building Contractor Inc. (Submitted 1/15/04), Request for 2003 Contractor’s License and Copy of Check for Fees for Quality Building Contractor Inc. (Submitted 1/6/04), Contractor’s License #001-04, a Coy of Check for Fee (Submitted 1/15/04), Permit, License for CTI and Flag Waterproofing and Structural Maintenance and Repair Technology to Redo the Driveway (Submitted 1/22/04) and Response to Complaints and On-File Action Taken
Request made: January 6, 2004, January 15, 2004 and January 22, 2004
Response made: January 20, 2004
Custodian: Linda Martin
GRC Complaint filed: February 2, 2004
Executive Director’s Findings and Recommendation
At its March 11, 2004 public meeting, the Government Records Council (“Council”) considered the March 11, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. The Council voted to adopt the entirety of said Findings and Recommendations to forego any adjudicatory action pending the outcome of mediation that the parties voluntarily agreed to on January 22, 2004.
On April 21, 2004, in a letter to the Office of Dispute Settlement, the requestor voluntarily withdrew his complaint against the Town of Guttenberg. Based on the same, the Executive Director respectfully recommends that the Council dismiss the complaint.
Legal Analysis
The requestor voluntarily withdrew the complaint; therefore, no legal analysis is needed.
Documents Reviewed
The following documents were reviewed in preparing the Findings and Recommendations for this case:
- April 21, 2004 – Withdraw Letter from Requestor
Paul F. Dice, Executive Director
Government Records Council
May 5, 2004
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Final Decision
|
Michael DeLuca
Complainant
v.
Township of Guttenberg
Custodian of Record
|
Complaint No. 2004-8
Decision Issued: March 11, 2004
Decision Effective: 14 business days
from date of receipt unless otherwise
provided by Council
Date Prepared: March 26, 2004
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At its March 11, 2004 public meeting, the Government Records Council (“Council”) considered the March 11, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. The Council voted to adopt the entirety of said Findings and Recommendations to forego any adjudicatory action pending the outcome of mediation that the parties voluntarily agreed to on January 22, 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 Executive Director
Michael De Luca GRC Complaint Number 2004-8
Complainant
v.
Town of Guttenberg
Custodian of Records
Relevant Records Requested: Request for Permit and License, Permit # 04-002 Quality Building Contractor Inc. (Submitted 1/15/04), Request for 2003 Contractor’s License and Copy of Check for Fees for Quality Building Contractor Inc. (Submitted 1/6/04), Contractor’s License #001-04, a Coy of Check for Fee (Submitted 1/15/04), Permit, License for CTI and Flag Waterproofing and Structural Maintenance and Repair Technology to Redo the Driveway (Submitted 1/22/04) and Response to Complaints and On-File Action Taken
Request made: January 6, 2004, January 15, 2004 and January 22, 2004
Response made: January 20, 2004
Custodian: Linda Martin
GRC Complaint filed: February 2, 2004
Executive Director’s Findings and Recommendation
The requestor and the custodian voluntarily signed Agreements to Mediate on January 22, 2004. Based on same, the Executive Director respectfully recommends that the Council and GRC staff forego any adjudicatory action pending the outcome of mediation.
Legal Analysis
No further legal analysis is needed at this time.
Paul F. Dice, Executive Director
Government Records Council
March 7, 2004
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