2004-94

Final Decision

At its August 12, 2004 public meeting, the Government Records Council (Council) considered the August 4, 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 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 Executive Director

Records Requested:

1. Any documents showing the existence of a formal building inspection program
2. Any documents establishing the length of time the program is in existence
3. Any documents showing the amount of money budgeted for each of the last 5 years
4. The most recent inspection report for each building
5. Procedures used to inspect buildings
6. If done under contract bid documents and contracts

Custodian: Karen L. Perkins
Request Made:    May 19, 2004
Response Made: None included
GRC Complaint filed: July 14, 2004

Background

On July 23, 2004 the Complainant informed the GRC that the Clifton school district will make certain documents available for review in response to his request. The Complainant stated that since there are a large number of documents involved he would withdraw his complaint with the option of reopening should the Custodian not comply with the request.

Analysis

The Complainant has voluntarily withdrawn his case with the option of reopening it should the Custodian not completely comply with the request. As a result, no analysis is needed.

Documents Reviewed

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

1. July 14, 2004 - Denial of Access Complaint 
2. July 23, 2004 – Letter from the Complainant to the GRC
3. July 28, 2004 – Complainant’s E-mail to the GRC withdrawing his complaint

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case on the basis of  the Complainant’s voluntary withdrawal with the Complainant’s ability to reopen the case should the Custodian not comply with the request.

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

August 3, 2004

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