2002-103

Final Decision

At its February 10, 2004 public meeting, the Government Records Council (“Council”) considered the February 3, 2004 Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted to adopt the entirety of said Findings and Recommendations. The Council dismissed the complaint finding that:

1. The October 11, 2002 request should be denied, as the request was not date specific.
2. The October 30, 2002 request should be denied, as the request was not date specific.
3. The October 31, 2002 request to the police department should be denied, as the request was not date specific.
4. The October 31, 2002 request filed with the municipal clerk should be denied, as the request was not date specific.
5. The November 15, 2002 request filed with the police department should be denied, as the request was not date specific and are criminal investigatory records not disclosable under OPRA.
6. The November 15, 2002 request filed with the municipal clerk should be denied, as the request was not date specific and are criminal investigatory records not disclosable under OPRA.
7. The November 26, 2002 request should be denied, as it was seeking records   that did not exist when the request was made.
8. December 4, 2002 request for arrest reports should be denied, as the request represents criminal investigatory records not disclosable under OPRA.

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Findings and Recommendations of the Executive Director

Relevant Records Requested: Inspect criminal complaints, arrest records, and arrest information of the Linden Police Department
Request Made:   Various Dates
Custodian: Chief of Police John Miliano
GRC Complaint Filed: December 5, 2002

Executive Director’s  Recommendation

This OPRA Complaint filed December 5, 2002 alleges denial of OPRA requests to the Linden Police Department and the municipal clerk allegedly filed October 11, 30, 31, November 15, 26 and December 4 & 5, 2002 seeking to inspect various police records such as criminal complaints and arrest records and reports.  The record reflects that there were OPRA requests filed October 11, 30, 2002, two requests on October 31, two requests on November 15 and a request on November 26 and December 4, 2002. 

The record reflects OPRA requests dated October 11, 30, and 31, 2002 failed to stipulate the records sought and dates eventually provided later were for records not in existence when the OPRA request was made. 

The two record requests dated November 15, 2002 to view "complaints, summons and arrest records" failed to stipulate the date of the records sought for inspection and furthermore arrest reports are criminal investigatory records not publicly accessible records under OPRA.

Requestor's letter dated November 26, 2002 clarified his 10/30/02 record request and sought records not in existence when the 10/30/02 OPRA request was made. 

The OPRA request dated December 4, 2002 sought arrest reports which are not accessible records under OPRA, as they are criminal investigatory records. See N.J.S.A.47:1A-1.1. 

The custodian contended that arrest reports are exempt from disclosure as "criminal investigatory records" in N.J.S.A. 47:1A-1.1 and alleged that the other requests for criminal summons and complaints require identification of a specific defendant in order to access those records.

The Executive Director respectfully recommends that the Council dismiss the complaint because:

1. The October 11, 2002 request should be denied, as the request was not date specific.
2. The October 30, 2002 request should be denied, as the request was not date specific.
3. The October 31, 2002 request to the police department should be denied, as the request was not date specific.
4. The October 31, 2002 request filed with the municipal clerk should be denied, as the request was not date specific.
5. The November 15, 2002 request filed with the police department should be denied, as the request was not date specific and are criminal investigatory records not disclosable under OPRA.
6. The November 15, 2002 request filed with the municipal clerk should be denied, as the request was not date specific and are criminal investigatory records not disclosable under OPRA.
7. The November 26, 2002 request should be denied, as it was seeking records that did not exist when the request was made.
8. December 4, 2002 request for arrest reports should be denied, as the request represents criminal investigatory records not disclosable under OPRA.

Custodian's statement concerning the need to identify complaints and warrants by defendant need not be considered here as the requests were not date specific or sought confidential records.

Legal Analysis

Pursuant to N.J.S.A. 47:1A-1.1, Criminal Investigatory Records, are exempt from disclosure. Further, some requests were for records not in existence at the time of the request. N.J.S.A. 47:1A-1.1. Judicial records are exempt pursuant to N.J.S.A. 47:1A-7g.

Record

The following documents have been submitted in full to the members of the Government Records Council and/or designee concerning this case:

• October 11, 2002 - Records Request #1 to View Criminal Complaints from the Linden Police Department
• October 30, 2002 - Records Request #2 to View Police Arrest Records, Specifically Criminal Complaints, Summons and Warrants
• October 31, 2002 - Request #3 to the police department to View Criminal Indictable Warrants, Summons and Disorderly Complaints Referenced in 10/11/02 Request
• October 31, 2002 - Request #4 to the municipal clerk to Inspect Criminal Complaints, Summons and Warrants made to City Hall Clerk
  November 15, 2002 - Records Request #5 to the police department to view "complaints, summons and Arrest Records"
• November 15, 2002 - Records Request #5 to the municipal clerk to view "complaints, summons and Arrest Records"
• November 26, 2002 - Request #6 from Requestor Stipulating Dates November 6 through November 19, 2002 in Reference to the 10/30/02 Records Request
• December 4, 2002 - Letter from Requestor Stipulating Dates of November 20 to December 4, 2002 in Reference to the 10/11/02 Records Request
• December 4, 2002 - Custodian Counsel’s Response to 11/26/02 and 12/3/02 Letters Denying Access
• December 5, 2002 - Requestor's Letter to Linden Police Captain
• December 5, 2002 - Denial of Access Complaint Filed
• December 9, 2002 - Prosecutor's Response to Requestor's 12/5/02 Letter and Records Request
• December 13, 2002 - Custodian Declines Mediation
• February 11, 2003 - GRC Request for Statement of Information (SOI) from Custodian 
• February 25, 2003 - Submission of Statement of Information

Conclusion

The Executive Director respectfully recommends that the Council dismiss the complaint because:

1. The October 11, 2002 request should be denied, as the request was not date specific.
2. The October 30, 2002 request should be denied, as the request was not date specific.
3. The October 31, 2002 request to the police department should be denied, as the request was not date specific.
4. The October 31, 2002 request filed with the municipal clerk should be denied, as the request was not date specific.
5. The November 15, 2002 request filed with the police department should be denied, as the request was not date specific and are criminal investigatory records not disclosable under OPRA.
6. The November 15, 2002 request filed with the municipal clerk should be denied, as the request was not date specific and are criminal investigatory records not disclosable under OPRA.
7. The November 26, 2002 request should be denied, as it was seeking records that did not exist when the request was made.
8. December 4, 2002 request for arrest reports should be denied, as the request represents criminal investigatory records not disclosable under OPRA.

Custodian’s statement concerning the need to identify complaints and warrants by defendant need not be considered here as the requests were not date specific or sought confidential records.

___________________________

Paul F. Dice
Acting Executive Director
Government Records Council

Dated:  February 3, 2004

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