Final Decision
Joseph Benardella, GRC Complaint No. 2004-117
Complainant
v.
Moorestown Township,
Custodian of Records
At its September 9, 2004 public meeting, the Government Records Council (Council) considered the August 30, 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 9th 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
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Findings and Recommendations of Executive Director
Joseph Benardella, GRC Complaint No. 2004-117
Complainant
v.
Moorestown Township,
Custodian of Records
Records Requested:
Preliminary and final resolutions for planning board docket numbers
Custodian: Peter Thorndike, Esq.
Request Made: 8/9/04
Response Made: 8/9/04, 8/16/04
GRC Complaint filed: August 18, 2004
Background
Complainant’s Case Position
The Complainant filed a Denial of Access Complaint with the Government Records Council on July 8, 2004 pursuant to N.J.S.A. 47:1A-1.1 et. seq. alleging denial of access to Preliminary and final Resolutions for planning board docket numbers. The Complainant’s legal counsel submitted an August 30, 2004 letter withdrawing his complaint.
Public Agency’s Case Position
No position statement was needed since the complaint was withdrawn
Analysis
The Complainant voluntarily withdrew his complaint, therefore no analysis is needed.
Documents Reviewed
The following records were reviewed in preparation for this Findings and Recommendations of the Executive Director:
- August 18, 2004 – Denial of Access Complaint
- August 30, 2004 – Letter of representation from Complainant’s counsel
- August 30, 2004 – Letter withdrawing the complaint from Complainant's counsel
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 30, 2004
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