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2005-94

- Administrative Case Closure

Administrative Case Closure

GRC Complaint No: 2005-94  
Complainant:  Edward Bogert
Custodian:  Mahwah Township Public Schools   
Date of Request:  July 18, 2002        
Date of Complaint:   May 5, 2005

Case Disposition:

Type of Administrative Closure:  The Complainant asserts a denial of access to his Open Public Records Act (OPRA) request for “any and all grammar school records of my father, James Bogert (born 1-5-07) and identical records of my uncles.” The Custodian states in his certification to the Government Records Council (GRC) staff that, “after a thorough search of our facilities, no records exist that are responsive to Mr. Bogert’s request.”

Applicable OPRA Provisions: 

N.J.S.A. 47:1A-1.1: provides that “ … 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 …”  (Emphasis added.)

Pursuant to N.J.S.A. 47:1A-7(b), the Government Records Council shall: “…receive, hear, review and adjudicate a complaint filed by any person concerning a denial of access to a government record.”

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:  October 13, 2005

Prepared By: Chris Malloy, Case Manager

Approved By Executive Director: Paul Dice

Date:  October 7, 2005

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