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2005-141

- Administrative Case Closure

Administrative Case Closure

GRC Complaint No: 2005-141
Complainant: Scott McKnight
Custodian: Susan Gross - Atlantic County
Date of Request: July 19, 2005; Response: July 22, 2005
Date of Complaint: July 29, 2005

Case Disposition:

Type of Administrative Closure: The Complainant asserts a denial of access to his Open Public Records Act (OPRA) request for the "taped telephone conversation between County Executive Denis Levinson and Linwood Council President Scott McKnight [Complainant]." The Custodian explained in her certification to the Government Records Council (GRC) staff that there was no tape recording of a call between the Complainant and the "County Executive." Therefore, there was no unlawful denial of access pursuant to OPRA.

Applicable OPRA Provision:  "Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file ... or that has been received in the course of his or its official business ... N.J.S.A. 47:1A-1.1

"...receive, hear, review and adjudicate a complaint filed by any person concerning a denial of access to a government record by a records custodian;..." N.J.S.A. 47:1A-7(b)

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.

Effective Date of Disposition: September 8, 2005

Prepared By: Gloria Luzzatto, Assistant Executive Director

Approved By Executive Director: Paul Dice

Date: September 2, 2005

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