2004-77

Final Decision

At its September 9, 2004 public meeting, the Government Records Council (Council) considered the September 2, 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 voluntary 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 9th 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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Findings and Recommendations of Executive Director

Records Requested (inclusive of but not limited too)[1]:

1. Financial Statements
2. Commissioners -Salaries, addresses, benefits, vehicle information…
3. Town Attorneys – Salaries, bills, benefits, contracts, labor attorney information…
4. List of Vendors
5. List of municipal employees – Salaries, titles, date of hire…
6. Copies of state and federal funds, programs, grants, aid…
7. Telephone Records

Custodian: Town of West New York – Ms. Carmela Riccie
Request Made:  April 13, 2004
Response Made: May 4, 2004
GRC Complaint filed: June 16, 2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on June 16, 2004 pursuant to N.J.S.A. 47:1A-1.1 et. seq. disputing denial of access to various records about the Town of West New York records. The Complainant submitted a August 10, 2004 fax withdrawing his complaint.

Public Agency’s Case Position

No position statement was needed since the complaint was withdrawn

Analysis

The Complainant voluntarily withdrew his complaint therefore no analysis is needed.

Documents Reviewed

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

1. June 16, 2004 – Denial of Access Complaint
2. August 10, 2004 – Complainant’s fax 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:  Kimberly Gardner, Case Manager

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

September 2, 2004

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