2004-92

Administrative Case Disposition

Case Disposition: This case was settled in mediation. Both parties voluntarily signed the Mediation Settlement Agreement form. The complainant signed on December 28, 2004 and the Custodian signed on January 7, 2005.

Date of Disposition:  January 21, 2005

Case Manager: Kimberly D. Gardner

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Interim Decision

At its August 12, 2004 public meeting, the Government Records Council (Council) considered the July 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.  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 12^th 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

Relevant Records Requested: 
Seven records request were submitted. Subject matters included but were not limited to the following: memoranda, correspondence, any documents regarding specific individuals and municipalities, Motor Vehicle dealer guidelines, and License Investigation Report.[1]
Request Made:    6/23/2004
Response Made: No response
Custodian:   Motor Vehicle Commission     
GRC Complaint Filed:  7/13/2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on July 1, 2004 pursuant to N.J.S.A. 47:1A-1.1 et. seq. alleging that he has not received a response to his request.  In an E-mail to the Government Records Council staff, the Complainant has agreed to mediation.

Public Agency’s Case Position

The Custodian has signed an agreement to mediate.

Analysis

Pursuant to N.J.S.A. 47:1A-7(d) the parties mutually agreed to mediations and therefore, no analysis is needed at this time.

Documents Reviewed

The following documents were reviewed in preparing the Findings and Recommendations for this case:

1. July 13, 2004 – Denial Of Access Complaint Form
2. July 14, 2004 – Offer of Mediation
3. July 20, 2004 – Custodian’s Agreement to Mediate
4. July 21, 2004 – Complainants Agreement to Mediate

Conclusions and Recommendation of the Executive Director

The Complainant and the Custodian voluntarily agreed to mediation on July 20 and July 21, 2004. Based on same, the Executive Director respectfully recommends that the Council and Government Records Council staff forego adjudicatory action pending the outcome of mediation.

Prepared By:
Approved By:
July 30, 2004

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