2004-15

Final Decision

At its April 8, 2004 public meeting, the Government Records Council (Council) considered the April 8, 2004 Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted unanimously to adopt the entirety of said Finding and Recommendations of the Executive Director. Therefore, the Council dismisses this complaint on the basis of the complainant’s voluntary withdrawal of the 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 8th Day of April, 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 the Executive Director

Relevant Records Requested:

1. Any and all documents pertaining to the current contracts of Student Transportation Services, N&N Charter, Valley Transit, F.S.J. Transit, Lenoirs Transport, K&S Transportation, F.S. Associates, and K&H Transportation.

2. Current contracts, driver rosters, drivers license information, route descriptions, payroll invoices, results of criminal background searches, results of physical exams, D.M.V. abstracts, insurance verification and school bus inspections for the above mentioned companies. 

Custodian:   Linda Wells, Division of Finance – Office of Student Transportation
Request Made:    January 26, 2004
Response Made: February 20, 2004
GRC Complaint filed:  February 6, 2004

Executive Director's Recommendations

This Open Public Records Act (“OPRA”) Complaint filed February 6, 2004 alleges denial of access of an OPRA request to the N.J. Department of Education - Division of Finance - Office of Student Transportation regarding reviewing copies of contracts between various student transportation companies and the State of New Jersey as well as driver rosters, drivers license information, route descriptions, payroll invoices, results of criminal background searches, results of physical exams, D.M.V. abstracts, insurance verification and school bus inspections . 

The requestor asserts that on February 20, 2004, the custodian responded to his request by stating that the documents requested were not available in the Office of Student Transportation, but rather directed the requestor to the correct departments where he may obtain the information.  The custodian noted that criminal background searches are exempt under OPRA and also states that "all documents submitted to the Commissioner of Education and criminal history records are confidential" (N.J.S.A. 18A: 6-7.4). 

On March 22, 2004, the requestor notified the GRC Staff and voluntarily withdrew his OPRA complaint. 

The Executive Director respectfully recommends that the Council dismiss the complaint on the basis that the requestor, in correspondence dated March 22, 2004, asked that the complaint be withdrawn. 

Analysis

Based on the voluntary withdraw of the complaint by the requestor no analysis is needed at this time.

Documents Reviewed

The following documents were reviewed in preparing the Findings and Recommendations for this case:     

• March 22, 2004 - Email from requestor to the GRC withdrawing the complaint

________________________

Paul F. Dice
Executive Director
Government Records Council

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