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State of NJ - Government Records Council Email Grc

2004-97

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

Administrative Case Disposition

GRC Complaint No: 2004-97
Complainant: Dan Grant
Custodian:  Montville Board of Education

Case Disposition:

07/20/05 – Case settled in mediation

Date of Disposition: August 11, 2005

Case Manager: Colleen McGann                                                           

Date: August 5, 2005

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Interim Decision

Daniel Grant,
   Complainant
      v.
Montville Township of Board of Education,
   Custodian of Record

Complaint No. 2004-97

 

At its August 12, 2004 public meeting, the Government Records Council (Council) considered the August 2, 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

Daniel Grant                                                       GRC Complaint No. 2004-97
Complainant
v.
Montville Township Board of Education
Custodian of Records

Records Requested:

  1. All copies of vouchers bills payments relating to the Montville Township Board of Education and the AC Daughtry Alarm Systems from 1998 until June 2004.
  2. All Resolutions approving payment for all AC Daughtry Alarm Systems including base contract by year and any and all work relating to the upgrading of any and all school system alarms.
  3. A complete copy of the report of Schwartz, Simon, Edelstein, Celso & Kessler concluding the investigation of the Contracts given to AC Daughtry Inc.
  4. Any Resolutions separating the alarm upgrades for all referendum related work.
  5. Any and all communications relating to alarm work related to the High School Referendum.
  6. Any quotes from other alarm and security suppliers related to the same general work supplied to the school system from 1998 through June 2004.
  7. A copy of the list of the membership of any and all citizen advisory committees relating to the construction or reconstruction of any school facilities from 1998 through June 2004. 
  8. A list of any and all Board Members, employees, venders and professionals who do business with the Montville Township Board of Education who attended functions relating to and along with the principals of AC Daughtry. 
  9. Phone bills and payments showing all phone lines and time and charges for those phone lines and time charges for those phone lines paid for by the Montville Township Board of Education.
  10. Copies of all bills from Schwartz, Simon, Edelstein, Celso & Kessler, LLP for the 2003-2004 school year. 
  11. Copies of bills including time and charges related to the investigation of the Contracts of AC Daughtry. 

Request Made: July 23, 2004[1]
Response Made: July 7, 2004
Custodian: Dominic J. Butler
GRC Complaint filed: July 19, 2004

Background

Complainant’s Case Position

On July 23, 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 28, 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) the parties have 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”

  1. July 7, 2004 – Custodian’s response to Complainant’s OPRA request
  2. July 19, 2004 – Complainant’s Denial of Access Complaint
  3. July 22, 2004 – Council’s Offer of Mediation to Complainant and Custodian
  4. July 23, 2004 – Complainant’s Agreement to Mediate
  5. July 23, 2004 – Complainant’s OPRA request
  6. July 28, 2004 – Custodian’s Agreement to Mediate

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council find that 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

August 2, 2004

[1] Complainant states that his OPRA request was dated July 23, 2004.  According to the Complainant, the Custodian would have responded on July 7, 2004, prior to the date of the request.  The Complainant, further, filed his Denial of Access Complaint on July 19, 2004, which is also prior to the date of the OPRA request.  Council staff asserts that the OPRA request date provided by the Complainant may be a typographical error.  

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