2004-84

Final Decision

At its September 9, 2004 public meeting, the Government Records Council (Council) considered the August 30, 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 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

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Findings and Recommendations of Executive Director

Records Requested:

1. Documents identifying which members were present and absent during the full board panel hearing for the case of Antoine Hayes #61581 (NSP) conducted on January 15, 2003 and how each present member voted to each of the three questions posed
2. Documents identifying which members were present and absent during the full   board panel hearing for the case of Antoine Hayes #61581 (NSP) conducted on September 18, 2003 and how each present member voted to each of the three questions posed
3. Documents identifying the determination made regarding the Application for Exceptional   Progress submitted by Antoine Hayes

Custodian: Carla M. Shabazz
Request Made:   April 29, 2004
Response Made: May 3, 2004
GRC Complaint filed: June 18, 2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on July 8, 2004 pursuant to N.J.S.A. 47:1A-1.1 et. seq. alleging denial of access to Board Panel hearing documents. The Complainant submitted an August 17, 2004 letter 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No position statement was needed since the complaint was withdrawn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, and 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 18, 2004 – Denial of Access Complaint
2. August 17, 2004 – Complainant’s letter 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 30, 2004

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