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2004-86

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

Administrative Case Closure

GRC Complaint No:  2004-86
Complainant: Examplaire Exantus
Public Agency: Newark City Department of Health

Case Disposition:

Case settled in mediation November 9, 2004.

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Interim Decision

Examplaire Exantus.,
   Complainant
      v.
Newark City Department of Health,
   Custodian of Record

Complaint No. 2004-86

 


At its August 12, 2004 public meeting, the Government Records Council (Council) considered the July 26, 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.  Therefore, the Council hereby finds that the Government Records Council and staff will forego adjudicatory action in this case pending the outcome of mediation.

Interim 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 

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Findings and Recommendations of the Executive Director

Examplaire Exantus                                         GRC Complaint No. 2004-86 
Complainant 
v.
Newark City Department of Health
Custodian of Records

Records Requested:

  1. Model # of instrument(s) used during inspection.
  2. Specification sheet(s) of instruments used during inspection.  Please attach any documents that provide information on the thresholds and sensitivities of any and all instrument(s). 
  3. What species (i.e. bacteria, virus, coli forms, volatile chemicals, etc) that inspectors were looking for in inspection?

Request Made: June 10, 2004
Response Made: No response made
Custodian:   Terri Stahl
GRC Complaint filed: July 2, 2004

Background

Complainant’s Case Position

On July 8, 2004, the Complainant signed and returned the Agreement to Mediate to the Council’s staff as an indication of her intention to participate in the mediation process. 

Public Agency’s Case Position

The Custodian signed and returned the Agreement to Mediate on July 23, 2004 as an indication of the agency’s intention to participate in the mediation process. 

Analysis

The following corresponds directly with the “Findings and Recommendations of the Executive Director” listed below.

  1. Pursuant to N.J.S.A. 47:1A-7(d), no legal 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. June 10, 2004 – Complainant’s OPRA request to Custodian
  2. July 2, 2004 – Complainant’s Denial of Access Complaint
  3. July 8, 2004 – Council’s Offer of Mediation to the Complainant and Custodian
  4. July 8, 2004 – Complainant’s signed Offer of Mediation
  5. July 23, 2004 – Custodian’s signed Offer of Mediation

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council find that the Custodian and the Complainant voluntarily signed Agreements to Mediate on July 2nd  & 23rd, 2004.  Based on same, the Executive Director respectfully recommends that the Council and Council’s staff forego any adjudicatory action pending the outcome of mediation.

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

July 26, 2004

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