NJ Seal
State of NJ - Government Records Council Email Grc

2004-104

- Administrative Disposition of the Executive Director

Administrative Disposition of the Executive Director

Cynthia McBride                                            GRC Complaint No. 2004-104 
             Complainant          
v.
Township of Middletown
            Custodian of Records

Records Requested:

  1. Electronic copy of the tax records, payments and billing to be provided in the format Data Trace is providing to Middletown Township. 

Custodian: Heidi Abbs
Request Made: June 10, 2004
Response Made: June 21, 2004
GRC Complaint filed: July 27, 2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on June 16, 2004 pursuant to N.J.S.A. 47:1A-1.1 et. seq. disputing that the Custodian refuses to provide the records in the electronic medium as provided and requested by Data Trace.  The Complainant submitted a September 29, 2004 e-mail withdrawing her complaint.

Public Agency’s Case Position

The Custodian’s counsel asserts that the Complainant wanted the Custodian to download software into the Township’s computer system in order to complete the request in the medium the Complainant wanted.  The Township felt that is was an unreasonable request and was willing to release the information in a medium, which the Township was capable. 

Analysis

The Complainant voluntarily withdrew her complaint therefore no analysis is needed.

Documents Reviewed

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

  1. July 27, 2004 – Denial of Access Complaint
  2. July 30, 2004 – Offer of Mediation to the Complainant and Custodian
  3. August 24, 2004 – Custodian’s decline to further participate in Mediation
  4. September 22, 2004 – Statement of Information
  5. September 29, 2004 – Complainant’s e-mail withdrawing her complaint

Case Disposition

The case is dismissed on the basis of the Complainant’s voluntary withdrawal.

Prepared By:  Erin Knoedler, Case Manager

Approved By:
Paul F. Dice
Executive Director
Government Records Council
October 13, 2004

 

Return to Top