2003-93

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 set forth below and all related documentation submitted by the parties.
The custodian has affirmed that the documents provided to the custodian fully satisfy his request.  The complainant has provided no proof that the custodian’s response was not in compliance with OPRA. N.J.S.A. 47:1A-1 et seq. and the case should be dismissed.
The Council voted to adopt said Findings and Recommendations to dismiss the complaint and amended the above Recommendations to read:
The custodian has affirmed that the documents provided to the requestor fully satisfy his request.  The complainant has provided no proof that the custodian's response was not in compliance with OPRA. N.J.S.A. 47:1A-1 et seq. and the case should be dismissed.

Vincent P. Maltese, Chairman
Government Records Council

I attest the foregoing is a true and accurate record of the Government Records Council.

Virginia Hook, Secretary
Government Records Council

Return to Top

Findings and Recommendations of the Executive Director

Relevant Records Requested: Copies of complaints/summonses issued in connection with an incident involving Thaddeus Thomas
Custodian: Peter Stoma
Request Made: June 20, 2003
Response Made: July 22, 2003
GRC Complaint filed: July 12, 2003

Recommendations of Acting Executive Director

This OPRA complaint filed July 12, 2003 alleges the refusal to fully provide the requested complaints/summonses that were issued in connection with an alleged assault.  Based on hand-written notes on the documents provided, Complainant believes that the Custodian has withheld information relevant to his request. 

The Custodian has provided GRC with copies of the documents that were sent to the Complainant.  The Custodian has affirmed that such documents fully comply with the Complainant's request. 

The Complainant has offered no proof that the documents provided to him are not fully compliant with his OPRA request.

The Executive Director respectfully recommends that the Council dismiss the claim of denial of access.  Complainant has provided no proof that the Custodian's response was not in compliance with OPRA.  Moreover, the Custodian has affirmed that the documents provided to the Custodian fully satisfy his request.

Legal Analysis

N.J.S.A. 47:1A-1(i) provides, in pertinent part, that "a custodian of a government record shall grant access to a government record as soon as possible, but not later than seven business days after receiving the request."  Although the Custodian in this case did not technically comply with this time frame, the Complainant argues with the substance and not the timeliness of the Custodian's response.  Inasmuch as the Custodian has affirmed that the records provided are responsive to the Complainant’s request.  The complaint should be dismissed.

Documents Reviewed

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

• June 13, 2003 - Request for "Request for Public Records" forms
• June 18, 2003 - Custodian referred case to the State Police
• June 19, 2003 - Records Request to Division of Criminal Justice
• June 20, 2003 - Records Request to Hudson County Prosecutor's Office
• July 8, 2003 - GRC phone conversation with Complainant
• July 12, 2003 - Denial of Access Complaint
• July 22, 2003   - Custodian's letter of transmittal and copies of requested documents that were sent to Complainant.
• July 24, 2003 - Offer of Mediation
• July 24, 2003 - Email to Complainant from GRC indicating that all documents were submitted
• August 25, 2003 - Statement of Information sent to Complainant
• November 7, 2003 - Transmittal letter from GRC to Custodian re: Statement of Information
• November 10, 2003 - Letter to GRC from Complainant
• November 12, 2003 - Correspondence from Custodian to GRC concerning Denial of Access Complaint.
• December 1, 2003 - Letter to GRC reiterating Complainant's wish to proceed with complaint.

Paul F. Dice
Acting Executive Director
Government Records Council

March 7, 2004

Return to Top