2004-27

Final Decision

At its September 9, 2004 public meeting, the Government Records Council (Council) considered the August 30, 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 parties reached a settlement of this case in Mediation. 

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 9^th 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

Decision Distribution Date:  September 15, 2004

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Supplemental Findings and Recommendations of Executive Director

Records Requested:   The 1981 site plan for the Francis E. Parker Memorial Home
Custodian: Brenda Bleacher
Request Made:   January 5, 2004 (as stated on the complaint, however, the request letter is dated December 23, 2003)
Response Made: January 5, 2004
GRC Complaint filed: March 11, 2004

Background

On June 18, 2004, and July 21, 2004, the Complainant and the Custodian signed a Mediation Settlement Agreement.

Analysis

Pursuant to N.J.S.A. 47:1A-7(d) the parties mutually agreed to mediation and settlement, and therefore, no legal analysis is needed.

Documents Reviewed

The following records were reviewed in preparation for this Findings and Recommendations of the Executive Director:

1. December 23, 2003 – Complainant’s records request
2. January 5, 2004 – Custodian’s response to the request
3. March 11, 2004 – Denial of Access Complaint
4. March 17, 2004 – Offer of mediation to the Complainant and Custodian
5. March 17, 2004 – Complainant’s agreement to mediate
6. March 19, 2004 – Custodian’s agreement to mediate
7. June 18, 2004 – Mediation Settlement Agreement

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case on the basis of the Complainant and Custodian’s mutual settlement reached in Mediation. 

Prepared By: 
Approved By:
Paul F. Dice
Executive Director
Government Records Council

August 30, 2004

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Interim 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 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 the Executive Director

Relevant Records Requested: (F.E. Parker Memorial Home) 1981 Site plan (revised)
Request Made:    1/05/04
Response Made: 1/05/04
Custodian:   Middlesex County Dept. Of Planning
GRC Complaint Filed:  3/11/2004

Executive Director’s Recommendations

The requestor and the custodian voluntarily signed Agreements to Mediate on March 17 & 19, 2004. Based on same, the Executive Director respectfully recommends that the Council and GRC staff forego adjudicatory action pending the outcome of mediation.

Legal Analysis

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

________________________

Paul F. Dice
Executive Director
Government Records Council

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