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Open Government Advocacy Project:
Fire District seeks 45-day statute of limitations on GRC actions
 

Issue Detail:

 
In a August 29, 2013 letter to the Government Records Council (GRC), Dominic P. DiYanni of Seaside Heights, who is the attorney for the Franklin Township Fire District No. 1 Board of Fire Commissioners (Somerset County), requested the GRC to grant of stay of Interim Orders in ten (10) cases. DiYanni is asking the GRC to rule one way or the other whether denial of access complaints brought in the GRC are subject to the same 45-day statute of limitations as similar actions brought in Superior Court. DiYanni suggests that if the GRC holds that the 45-day statute does not apply, he will appeal the determination to the Superior Court, Appellate Division. DiYanni argues that it is illogical to have a 45-day limitations period for the Superior Court while no limitations period applies to actions brought before the GRC. \"[R]equestors should not be able to circumvent the 45 day statute of limitations in filing in one of the two venues provided for under the Open Public Records Act by simply waiting as long as they wish to file their matter with the Government Records Council,\" DiYanni wrote. DiYanni\'s letter is on-line here. The records requestor in the case is Jeff Carter who is represented by John A. Bermingham, Jr. of Camden. (Disclosure: The author, John Paff, serves as a volunteer firefighter in Fire District No. 1 and receives financial compensation from the Fire District in the form of clothing allowances, fire fighting training mileage and meal reimbursements and other amenities.)

 

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New Jersey Libertarian Party Open Government Advocacy Project: Fire District seeks 45-day statute of limitations on GRC actions. September 09, 2013.
URL: http://ogtf.lpcnj.org/2013/2013252pk/
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