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State of NJ - Government Records Council Email Grc

2004-20

- Administrative Disposition
- Administrative Case Closure
- Interim Decision
- Findings and Recommendations of Executive Director

Administrative Disposition

  

GRC Complaint No: 2004-20                                   

 

Complainant:  Fred Burnett    

Custodian: Mercer County – Kelly Ganges

                                                                       

Date of Request:  February 6, 2004  

Date of Complaint:    March 3, 2004

 

 

Case Disposition: The parties re-negotiated the Mediation Settlement Agreement after an alleged breach of said agreement.  The Complainant signed the original Mediation Settlement Agreement on March 9, 2004.  The Custodian signed the original Mediation Settlement Agreement on March 19, 2004. 

 

Type of Administrative Disposition:  Settled in Mediation.

  

 

Applicable OPRA Provision:  Not applicable.

 

 

 

 

Effective Date of Disposition:  September 26, 2007

 

 

 

 

 

Approved By:

Catherine Starghill, Esq.

Executive Director

 

Date:                September 19, 2007

 

 

Distribution Date:  September 27, 2007

 

 

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Administrative Case Closure

GRC Complaint No: 2004-20
Complainant: Fred Burnett
Custodian: Mercer County

Case Disposition:

Mediation settlement agreement 10/26/2004
Signed by Complainant 11/3/2004
Signed by Custodian 10/29/2004

Date of Disposition: November 3, 2004

Case Manager: Colleen C. McGann                                                  

Date: November 5, 2004

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Interim Decision

Fred Burnett,
   Complainant
      v.
Mercer County,
   Custodian of Record

Complaint No. 2004-20

 

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 will forego any adjudicatory action pending the outcome of mediation.

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 Executive Director

Fred Burnett                                               GRC Complaint Number 2004-20
Complainant
v.        
Mercer County
Custodian of Records

Relevant Records Requested: Assignment of Mortgages, Cancellation of Mortgages, Deeds, Discharges of Mortgages, Disclaimers, Easements, Extension of Mortgages, Files Maps – Major Subdivision, Foreclosures, General Judgments and Releases of Satisfactions, Hospital Liens and Releases, Institutional Liens and Releases, In Ram/Tax Sale and Releases, Lies Pendent (including discharges), Minor Subdivision, Miscellaneous Records, Mortgages (including modifications and postponements), Partnership Agreements, Reimbursement Agreements, Releases/Subordinations/Satisfactions of Mortgage, Recognizance Bonds (open or with discharges), Road Books, Township Deeds, Basements, Mortgages, Lies Pendent, Notices, and Tax Sales, Trade Names, Unfilled Maps, Vacation of Streets.  All of these above listed documents were requested from the period of January 1, 1984 to December 31, 1988 and January 1, 2002 to present. 
Inheritance Tax Waiver (January 1, 1989 to present); Federal Tax Liens and Releases (January 1, 1993 to present); Mechanics Liens, Rights, Claims and Discharges (January 1, 1995 to present); Construction Liens, Rights, Claims and Discharges (January 1, 1995 to present); U.C.C (Secured Transactions or Financing Statement – January 1, 1999 to present); Notice of Settlement/Notice of Sale (Last 45 days from date of response);
Tax Maps; Cross Reference Lists for Tax Parcels Numbers or Condos; and Wetlands – All for the Period of 1984 to present. 
Request made: February 6, 2004
Response made: No response
Custodian: Kelly Ganges (Custodian Counsel – Sarah Crowley, Esq.)   
GRC Complaint filed: March 3, 2004

Executive Director’s Findings and Recommendation

The requestor and the custodian voluntarily signed Agreements to Mediate on March 9, 2004 and on March 17, 2004, respectively. Based on same, the Executive Director respectfully recommends that the Council and GRC staff forego any adjudicatory action pending the outcome of mediation.

Analysis

Pursuant to N.J.S.A. 47:1A-7 (d), no further legal analysis is needed at this time.

Documents Reviewed

  • March 9, 2004 – Mediation Agreement Form Signed by Complainant
  • March 17, 2004 – Mediation Agreement Form Signed by Custodian’s Counsel
  • March 19, 2004 – Mediation Agreement Form Signed by Custodian

Paul F. Dice, Executive Director
Government Records Council

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