2004-16

Final Decision

At its June 10, 2004 public meeting, the Government Records Council (Council) considered the May 28, 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.  The Council, therefore, dismissed the case on the basis that the Custodian certified all available records responsive to the request were provided to the Complainant.

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 10th Day of June, 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 

Decision Distribution Date:  June 21, 2004

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Supplemental Findings and Recommendations of the Executive Director

Relevant Records Requested: Resumes and Credentials of all Administrators of Easthampton School District
Request Date: January 8, 2004
Response Date: January 9, 2004 
Custodian: Marian Smith
GRC Complaint Filed: February 24, 2004

Executive Director’s Supplemental Findings and Recommendations

The Government Records Council (Council) initially heard this case at its April 8, 2004 public meeting. 

In the April 8, 2004 Interim Decision, the Council ordered that:

1. The Complainant shall provide Executive Director Paul Dice with a response within five (5) business days of receipt of this Interim Decision on Access indicating whether any of the information requested in Complainant’s January 8, 2004 Open Public Records Act request has not been disclosed.
2. Failure of Complainant to respond in accordance with “1” above will result in the case being dismissed.

In a response to the Interim Decision, the Complainant highlighted two resumes that were not disclosed and two resumes that were partially disclosed.  Pursuant to the Open Public Records Act (OPRA), the Custodian should provide all requested documents from the date of the original request in January 2004. 

At its April 26, 2004 public meeting, the Council considered the April 19, 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 Finding and Recommendations and ordered:

1. Pursuant to the Open Public Records Act, the Custodian will provide all requested documents from the date of the original request in January 2004.
2. The Custodian will disclose to the Complainant any outstanding requested documents within five (5) business days of receipt of this decision.

On May 24, 2004, the Custodian submitted a certification that “all available records that were requested on the original January 8, 2004 request were released to the Complainant.”  On May 28, 2004, the Custodian clarified in a second certification that all available records responsive to the January 8, 2004 request were provided to the Complainant. 

The Executive Director respectfully recommends that the Council dismiss the Complainant on the basis of the Custodian’s certification stating that all available records responsive to the request were provided to the Complainant.     

Analysis

The legal analysis was set forth in the April 8, 2004 Findings and Recommendation, no additional analysis is needed.

Documents Reviewed

March 26, 2004 – Response to April 8, 2004 Interim Decision

April 8, 2004 – Interim Decision of the GRC

• April 26, 2004 – Interim Decision #2 of the GRC
• May 24, 2004 – Certification from the Custodian of Records
• May 28, 2004 –Revised Certification from the Custodian of Records

Paul F. Dice
Acting Executive Director
Government Records Council
May 28, 2004

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Interim Order

1. Pursuant to the Open Public Records Act, the Custodian will provide all requested documents from the date of the original request in January 2004.
2. The Custodian will disclose to the Complainant any outstanding requested documents within five (5) business days of receipt of this decision.

Interim Order Rendered by the
Government Records Council
On The 26th 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 

Decision Distribution Date:   April 30, 2004

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Supplemental Findings and Recommendations of the Executive Director

Relevant Records Requested: Resumes and Credentials of all Administrators of Easthampton School District
Request Date: January 8, 2004
Response Date: January 9, 2004 
Custodian: Marian Smith
GRC Complaint Filed: February 24, 2004

Executive Director’s Supplemental Findings and Recommendations

The Complainant requested resumes and credentials of all Administrators of the Easthampton School District. 

The Custodian has affirmed in her March 15, 2004 Statement of Information that the Complainant’s request for all resumes and credential of all Administrators of Easthampton School District would be released to the Complainant on March 16, 2004. 

In the April 8, 2004 Interim Decision, the Council ordered that:

1. The Complainant shall provide Executive Director Paul Dice with a response within five (5) business days of receipt of this Interim Decision on Access indicating whether any of the information requested in Complainant’s January 8, 2004 Open Public Records Act request has not been disclosed.
2. Failure of Complainant to respond in accordance with “1” above will result in the case being dismissed.

In a March 26, 2004 letter to the GRC, the Complainant submitted a response regarding point #1 of the April 8, 2004 Interim Decision.   In this response, the Complainant highlighted two resumes that were not disclosed and two resumes that were partially disclosed.  Pursuant to the Open Public Records Act (OPRA), the Custodian should provide all requested documents from the date of the original request in January 2004. 

The Executive Director respectfully recommends that the Council find that:

1. Pursuant to the Open Public Records Act (OPRA), the Custodian should provide all requested documents from the date of the original request in January 2004.
2. The Custodian should disclose to the Complainant any outstanding requested documents within 5 business days of receipt of this decision.      

Legal Analysis

The legal analysis was set forth in the April 8, 2004 Findings and Recommendation, no additional analysis is needed. 

Documents Reviewed

• March 26, 2004 – Response to April 8, 2004 Interim Decision
• April 8, 2004 – Interim Decision of the GRC

________________________

Paul F. Dice
Acting Executive Director
Government Records Council
April 19, 2004

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Interim Decision on Access

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 hereby orders that:

1. Complainant shall provide Executive Director Paul Dice with a response within five (5) business days of receipt of this Interim Decision on Access indicating whether any of the information requested in Complainant’s January 8, 2004 Open Public Records Act request has not been disclosed.   
2. Failure of Complainant to respond in accordance with “1” above will result in the case being dismissed.

Interim 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: Resumes and Credentials of all Administrators of Easthampton School District
Request Date: January 8, 2004
Response Date: January 9, 2004 
Custodian: Marian Smith
GRC Complaint Filed: February 24, 2004

Executive Director’s Findings and Recommendations

The Complainant requested resumes and credentials of all Administrators of the Easthampton School District. 

The Custodian has affirmed in her March 15, 2004 Statement of Information that the Complainant’s request for all resumes and credential of all Administrators of Easthampton School District would be released to the Complainant on March 16, 2004. 

The Executive Director respectfully recommends that the Council:

1. Order a response from the Complainant to the Executive Director of the Government Records Council (GRC) within 5 business days of receipt of the decision indicating whether any of the requested information has not been disclosed in response to said request.   
2. Failure of Complainant to respond with the requested information in “1” above will result in the case being dismissed.

Legal Analysis

No legal analysis is needed at this time.

Documents Reviewed

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

January 8, 2004 – Records Request

February 24, 2004 – Denial of Access Complaint form with Supplemental Sent to GRC

February 24, 2004 – Mediation Sent to the Complainant and Custodian

March 15, 2004 – Statement of Information Sent to GRC        

________________________

Paul F. Dice
Executive Director
Government Records Council

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