Administrative Case Disposition
GRC Complaint No: 2004-89
Complainant: Joan K. McGee
Custodian: Township of East Amwell, Teresa Stahl
Case Disposition:
The case is withdrawn as the Complainant agreed to settle in mediation on February 1, 2005 and the Custodian agreed to settle in mediation on March 9, 2005.
Date of Disposition: April 14, 2005
Case Manager: Erin M. Knoedler
Date: March 29, 2005
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Interim Decision
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Joan McGee,
Complainant
v.
Township of East Amwell,
Custodian of Record
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Complaint No. 2004-89
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At its August 12, 2004 public meeting, the Government Records Council (Council) considered the July 22, 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
Joan McGee GRC Complaint No. 2004-89
Complainant
v.
Township of East Amwell
Custodian of Records
Records Requested:
- All “Rice” notices (just the notices) sent to any Township employee during the last year.
- Copy of June 4, 2004 memo from Karl Posselt to the Township Committee with names redacted.
- All “reports” from Karl Posselt to the Township Committee, which have been written since January 2003 with employee names, redacted. Note: Discussions about personnel policies are not confidential. Discussions about specific employees require a “Rice” notice.
Request Made: June 14, 2004
Response Made: June 22, 2004
Custodian: Terri Stahl
GRC Complaint filed: July 7, 2004
Background
Complainant’s Case Position
On July 19, 2004, the Complainant signed and returned the Agreement to Mediate 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 20, 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.
- Pursuant to N.J.S.A. 47:1A-7(d) the parties mutually agreed to mediation, and therefore, 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”
- June 14, 2004 – Complainant’s OPRA request to Custodian
- June 22, 2004 – Custodian’s response to Complainant’s OPRA request
- July 7, 2004 – Complainant’s Denial of Access Complaint
- July 14, 2004 – Council’s Offer of Mediation to the Complainant and Custodian
- July 19, 2004 – Complainant’s signed Offer of Mediation
- July 20, 2004 – Custodian’s signed Offer of Mediation
Conclusions and Recommendations of the Executive Director
The Executive Director respectfully recommends that the Council and Government Records 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 22, 2004
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