2004-57

Final Administrative Action

At its February 10, 2005 public meeting, the Government Records Council (“Council”) considered the February 2, 2005 Supplemental 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.  The Council, therefore, dismissed the case on the basis of the Custodian’s certification that the records responsive to the request were released to the Complainant.

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.

Final Decision Rendered by the
Government Records Council
On The 10^th Day of February, 2005

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 

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Supplemental Findings and Recommendations of the Executive Director

Records Requested:All executive session minutes of mayor and council for the last 14 months. If denied date’s that all these sessions took place.
Request Made:   March 26, 2004
Response Made: March 30, 2004
Custodian:   Nancy Ecke-Hohmann
GRC Complaint filed: April 13, 2004

Background

March 26, 2004
Written Open Public Records Act (OPRA) Request.  Complainant seeks to view  all executive session minutes of the mayor and council for the last 14 months. If denied, date’s that all of the sessions took place.

April 13, 2004 
Complainants Denial of Access Complaint. Complainant filed a Denial of Access Complaint stating that he had not been given the opportunity to review the requested records. .

May 11, 2004
Custodian’s signed mediation agreement

May 19, 2004
Complainant’s signed mediation agreement

January 18, 2005
Custodian’s Statement of Information that certifies that the Custodian has released all records responsive to the Complainant’s request.

Analysis

Whether the Complainant was denied access to a Government Record.

The Open Public Records Act (OPRA) defines a “government record” in N.J.S.A. 47:1A-1.1 as:

“…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 devise, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof.   The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.”

The Custodian had advised the Complainant that at the time of the request, the requested minutes did not exist, because they had not been approved by the governing body. The Custodians counsel also sent a written response that stated the Complainant could, “anticipate that same shall occur (approval and release of minutes) by the end of April.” The Custodian has certified that between March 31, 2004 and June 24, 2004 a response to the request and the requested records were released to the Complainant.

The Complainant has verbally acknowledged receipt of the records, however he has stated that he does not feel that this is the requested record in its entirety. 

Since the Custodian has certified that the records released are the records responsive to the request, the case should be dismissed. 

Conclusions and Recommendations

The Executive Director respectfully recommends that the Council dismiss this case on the basis that the Custodian has certified that the records responsive to this request have been released.

Prepared By: 
Approved By:
Paul F. Dice
Executive Director
Government Records Council

February 2, 2005

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Interim Decision

At the June 10, 2004 public meeting, the Government Records Council (“Council”) considered the June 4, 2004 Executive Director’s Findings and Recommendations and all related documents submitted by the parties.  The Council voted unanimously to adopt the entirety of said findings and recommendations.  Therefore, the Council hereby finds that the Council and GRC staff will forego adjudicatory action in the case pending the outcome of mediation. 

Interim Decision Rendered by the
Government Records Council
On The 10th Day of June, 2004

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

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Findings and Recommendations of the Executive Director

Relevant Records Requested: View all executive minutes from the last 14 months. If denied, please give dates and reason’s for denial. 
Request Made:  March 26, 2004
Response Made: March 30, 2004
Custodian:  Borough of Ramsey – Nance Ecke-Hohmann
GRC Complaint Filed:  April 13, 2004

Executive Director’s Recommendations

The requestor and the custodian voluntarily signed Agreements to Mediate on May 19 and May 11, 2004. Based on same, the Executive Director respectfully recommends that the Council and GRC staff forego adjudicatory action pending the outcome of mediation.

Analysis

Pursuant to N.J.S.A. 47:1A-7 (d), no legal analysis is needed at this time.

Documents Reviewed

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

• 4/13/2004 – Denial of Access Complaint Form
• 5/11/2004 – Custodian’s Counsel agreement to mediate
• 5/19/2004 – Complainant’s agreement to mediate

Paul F. Dice
Executive Director
Government Records Council

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