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2004-19

- Final Decision
- Supplemental Findings and Recommendations of the Executive Director
- Interim Decision on Access
- Findings and Recommendations of the Executive Director

Final Decision

Louis Perry,
   Complainant
      v.
Township of Pennsauken, 
   Custodian of Record

Complaint No. 2004-19

 

At its May 13, 2004 public meeting, the Government Records Council (Council) considered the April 29, 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 the custodian has complied with the Council’s March 30, 2004 Interim Decision and has provided certification confirming that the documents sought in the November 19, 2003 OPRA request do not exist and the complainant was provided a copy of the township map with boundary lines. 

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 the Executive Director

Louis Perry                                                        GRC Complaint No. 2004-19 
Complainant                                                     
v.
Township of Pennsauken
C
ustodian of Record

Relevant Records Requested: Municipal boundary lines; Legal description on deed or survey.
Request Made:    November 19, 2003
Response Made: December 23, 2003
Custodian:   Twp of Pennsauken
GRC Complaint filed:  December 23, 2003

Executive Director’s Recommendation

At its April 8, 2004 public meeting, the Government Records Council (“Council”) considered the March 30, 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 ordered the custodian to:

  1. Provide a certification to Executive Director Paul Dice within five (5) business days from receipt of this Interim Decision on Access detailing what documents were provided to the requestor, and,
  2. Provide a certification to Executive Director Paul Dice within (5) business days detailing what documents were not provided to the requestor and why.

In a certification dated April 22, 2004, drafted by the custodian’s counsel and signed by the custodian, the custodian certified that the Township of Pennsauken does not have the information that the complainant was seeking; however they did provide to him “free of charge”, a copy of the township map with boundary lines.  

The Executive Director respectfully recommends that the Council dismiss the complaint on the basis that the custodian has certified in its April 22, 2004 correspondence to the Government Records Council, that the documents which were referenced in the complainant’s November 19, 2003 OPRA request, do not exist. 

Pursuant to N.J.S.A. 47:1A-1 et seq. a government record is “any paper written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file…” The custodian has certified that the requested document does not exist. Therefore, there is no public document.

Documents Reviewed

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

  • April 22, 2004 – Certified Statement from Custodian

Paul F. Dice, Executive Director
Government Records Council

April 29, 2004

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Interim Decision on Access

Louis Perry,
Complainant
v.
Township of Pennsauken,
Custodian of Record

Complaint No. 2004-19

 


At its April 8, 2004 public meeting, the Government Records Council (“Council”) considered the March 30, 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 orders the custodian to:
  1. Provide a certification to Executive Director Paul Dice within five (5) business days from receipt of this Interim Decision on Access detailing what documents were provided to the requestor, and,
  2. Provide a certification to Executive Director Paul Dice within (5) business days detailing what documents were not provided to the requestor and why.

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

Louis Perry                                                       GRC Complaint No. 2004-19  
Complainant 
v.
Twp. Of Pennsauken
Custodian of Records

Relevant Records Requested: Municipal boundary lines; Legal description on deed or survey.
Request Made:    November 19, 2003
Response Made: December 23, 2003
Custodian:   Twp of Pennsauken
GRC Complaint filed:  December 23, 2003

Executive Director’s Findings and Recommendation

The complainant requested to receive a map that outlined the municipal boundary lines and legal description on deed or survey. The custodian has sent documentation stating that she has released to the requestor, “free of charge”, a copy of the township map with boundary lines.  The custodian also stated that she does not possess the legal description or survey that the requestor is seeking.

The Executive Director respectfully recommends that the council:

  1. Order the custodian to provide a certification to the Executive Director within 5 business days which identifies the specific documents provided to the requestor
  2. And all documents responsive to the request that were not provided and why.

Analysis

No analysis is needed at this time.

Documents Reviewed

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

11/19/03 – Request for records
12/22/03 – Letter from requestor to custodian requesting a response to request
2/23/03 – Denial of Access Complaint
3/2/04 – Offer of Mediation to the requestor and custodian
3/15/04 – Statement of Information Request
3/24/04 – Custodian’s Statement of Information

Paul F. Dice
Executive Director
Government Records Council

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