NJ Seal
State of NJ - Government Records Council Email Grc

2004-47

- Final Decision
- Findings and Recommendations of Executive Director

Final Decision

Esther Mathews Schmidt                                   GRC Complaint No. 2004-47
Complainant
v.
Borough of Rumson
Custodian of Records

At its August 12, 2004 public meeting, the Government Records Council (Council) considered the August 4, 2004 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 of the Complainant’s withdrawal of his 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 12th Day of August, 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 

Return to Top

Findings and Recommendations of Executive Director

Esther Mathews Schmidt                                  GRC Complaint No. 2004-47
Complainant
v.
Borough of Rumson
Custodian of Records

Relevant Records Requested:

  1. All documents concerning Block 1, Lot 9 in the Borough of Rumson, including the entire file for said property
  2. All documents relating in any way to the appraisal of Block 1, Lot 9 as of October 1, 2003
  3. All documents concerning the sale of any real property in the Borough of Rumson for the period of January 1, 2000 through the date of your last response to any item contained in this request for production;
  4. A copy of each and every “Comparison Sale Sheet” or the equivalent form for each sale of any real property in the Borough of Rumson for the period January 1, 2000 through the date of your last response to any item contained in this request for production;
  5. A copy of each and every list of sales of any real property in the Borough of Rumson for the period January 1, 2000 through the date of your last response to any item contained in this request for production;
  6. A copy of the “land sale map” as prepared by or on behalf of the Borough of Rumson covering the period through December 31, 2003 or the latest version in existence in any form, whether updated before or after the date of December 31, 2003 and including sale information on any real property, improved or unimproved;
  7. A copy of the “land value map” as prepared by or on behalf of Realty Appraisal Company of West New York, New Jersey in connection with the revaluation of all property in the Borough as announced in or about January 2004;
  8. All documents concerning and/or identifying fully and completely any “adjustment factor” utilized in the revaluation as completed in 2003-04 by Realty Appraisal Company of West New York, New Jersey;
  9. All documents concerning the identity of each and every principal, owner, agent, servant, employee or independent contractor who participated in any way in the revaluation of the Borough of Rumson by Realty Appraisal Company of West New York, New Jersey;
  10. All documents concerning any comparable sales relied upon in any way in determining the alleged current market value of Block 1, Lot 9 in the Borough of Rumson as of October 1, 2003;
  11. All documents concerning the identity of each and every computer “software” system utilized in any form or fashion in the most recent revaluation of the Borough of Rumson
  12. All documents referenced or referred to any documents responsive to each and/or every of the above described documents and/or necessary to interpreting any abbreviations or codes contained in any of the same, including but not limited to “key sheets, “ abbreviation sheets, etc.

Request Made: 2/20/04
Response Made:    2/23/04; 3/16/04
Custodian: Peter J. Barnett
GRC Complaint Filed: March 22, 2004

Background

The Complainant filed a Denial of Access Complaint with the Government Records Council on March 22, 2004 pursuant to N.J.S.A. 47:1A-1.1 et. seq. disputing copy costs.

On August 3, 2004, the Complainant submitted a letter withdrawing his complaint.

Analysis

The Complainant voluntarily withdrew his complaint, therefore no analysis is needed at this time.

Documents Reviewed

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

  1. March 22, 2004 - Denial of Access Complaint
  2. April 26, 2004 – Letter from the Complainant to the GRC
  3. April 28, 2004 – Custodian’s Statement of Information (with attachments)
    1. Item 11 attachment
    2. Letter from the Realty Appraisal Company to the Custodian’s counsel
    3. Letter from the Tax Assessor to the Complainant
  4. May 5, 2004 -   Letter from the Complainant to the GRC
  5. May 19, 2004 - Letter from the GRC to the Custodian’s counsel
  6. May 24, 2004 – Custodian’s counsel’s response to May 19 letter
  7. May 25, 2004 – Letter from the GRC to the Custodian’s counsel
  8. July 20, 2004 – Agreement to settle the case
  9. July 23, 2004 – Letter from the Complainant to the GRC
  10. August 3, 2004 – Complainant’s E-mail to the GRC withdrawing his  complaint

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case based on the Complainant’s voluntary withdrawal.

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

August 4, 2004

Return to Top