2003-36

Final Decision

At its March 11, 2004 public meeting, the Government Records Council ("Council") considered the March 11, 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 and to dismiss the complaint on the basis of:

1. The Custodian has certified that all of the requested information possession of the school district has been provided to the Complainant.
   
2. The Custodian has offered the Complainant the opportunity to review and select whatever additional footage he is seeking.
   
3. Complainant has provided insufficient proof that the Custodian or school district is withholding the requested information notwithstanding their certification to the contrary.

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Findings and Recommendations of Executive Director

Relevant Records Requested: Video footage of inside and outside of old Atlantic City High School and 16 mm film footage of the school
Custodian: Lisa Mooney/Chris Brown
Request Made:    August 2, 2002 - verbal; August 28, 2002 - written
Response Made: April 9, 2003, October 28, 2003
GRC Complaint filed: March 27, 2003

Recommendations of Executive Director

This OPRA complaint filed March 27, 2003 alleges denial of an OPRA request for copies of videos of the inside and outside of the old Atlantic City High School prior to its demolition.

The parties attempted mediation; however, they were unable to resolve the outstanding issues successfully.  To date, the complainant alleges that he has received only a portion of the requested material.  Specifically, the custodian provided a copy 1956 film footage of the school that had been converted to video format.  The custodian also provided approximately 8 hours of video footage of the demolition of Atlantic City High School.  Complainant alleges that the school district is in possession of additional footage that it is withholding.
The Custodian has certified that all relevant video footage in its possession has been provided.  Moreover, Custodian has offered Complainant the opportunity to review any and all video footage in its possession.

The Executive Director respectfully recommends that the Council dismiss this complaint for the following reasons:

1.   The Custodian has certified that all of the requested information possession of the school district has been provided to the Complainant.

2.   The Custodian has offered the Complainant the opportunity to review and select whatever additional footage he is seeking.

3.   Complainant has provided insufficient proof that the Custodian or school district is withholding the requested information notwithstanding their certification to the contrary.
Analysis

N.J.S.A. 47:1A-5(d) provides, in pertinent part, that "[a] custodian shall permit access to a government record and provide a copy thereof in the medium requested if the public agency maintains their record in that medium."  Here, the Custodian has made such records available in the medium requested by the Complainant and has certified that all of the requested information in the possession of the school district has been provided to the Complainant.  In the absence of compelling evidence that the Custodian has falsely certified that all of the requested records have been supplied to the Complainant, the Custodian has complied with the relevant provisions of OPRA and it is appropriate to dismiss the complaint.

Documents Reviewed

The following documents were reviewed in preparing the Findings and Recommendations for this case:

• August 28, 2002 - Letter to Lesley Motz, Business Administrator, from complainant
• December 6, 2002 - Letter to Mr. Cason, Computer Resource Specialist, from complainant
• December 21, 2002 - Letter to Ms. Motz from complainant
• March 27, 2003 - Denial of Access Complaint
• April 2, 2003 - Offer of Mediation sent to Ms. Motz and Mr. Cannon
• April 8, 2003 - Agreement to Mediate from Ms. Motz
• April 9, 2003 - Signed agreement that Mr. Cannon received a video tape from the Board of Education
• July 3, 2003 - Agreement to Mediate from Mr. Cannon
• October 28, 2003 Release indicating complainant’s receipt of certain videotapes.
• November 26, 2003 - Letter to the Complainant from custodian's counsel offering him the opportunity to schedule a time to review film footage and obtain what he is seeking
• December 2, 2003 - E-mail correspondence - Case referred back for adjudication
• January 29, 2003 - Fax Transmission For Statement of Information request
• February 19, 2004 - Fax Transmission for Statement of Information request
• February 20, 2004 - Letter to the Complainant from custodian's counsel offering him the opportunity to schedule a time to review film footage and obtain what he is seeking
• February 26, 2004 - Statement of Information

Conclusion

The Executive Director respectfully recommends that the Council dismiss this complaint for the following reasons:

1. The Custodian has certified that all of the requested information possession of the school district has been provided to the Complainant.
2. The Custodian has offered the Complainant the opportunity to review and select whatever additional footage he is seeking.
3. Complainant has provided insufficient proof that the Custodian or school district is withholding the requested information notwithstanding their certification to the contrary.
_________________________

Paul F. Dice
Executive Director
Government Records Council

March 7, 2004

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