2004-76

Final Decision

1. The Complainant did not make a written OPRA request pursuant to the Open Public Records Act.
2. The Government Records Council lacks the jurisdiction to adjudicate the complaint.

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, and 25 W. Market St., PO Box 006, Trenton, NJ 08625-0006.

Final Decision Rendered by the
Government Records Council
On The 12^th Day of August, 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:Unclear[1]
Request Made: 5/17/2004  
Response Made: No response[2]
Custodian: Linda Largey (Custodian); Gregory Spellmeyer (Deputy Attorney General) 
GRC Complaint Filed:  6/3/2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access with the Government Records Council (GRC) on June 3, 2004 pursuant to N.J.S.A. 47:1A-1 et .seq.  Based on the Denial of Access form, it was unclear what documents were being sought. 

Public Agency’s Case Position

The Custodian Counsel claims that the New Jersey State Police never received a records request from Complainant on May 17, 2004. 

Analysis

The following corresponds directly with the “findings and Recommendations of the Executive Director” listed below:

1. Pursuant to N.J.S.A. 47:1A-5 (g):
   A request for access to a government record shall be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian.

   The Custodian’s Counsel affirmed that the New Jersey State Police never received a records request.  The Custodian provided a certification on July 23, 2004 stating that after conducting a search for the alleged records requests, she was unable to locate or identify the request.

2. On July 7, 2004, the Government Records Council (GRC) staff requested written verification from the Complainant’s with a response deadline of July 16, 2004.  As of July 29, 2004, the Complainant has not provided the GRC staff with a written verification of his request.  Since there is no substantiating proof that a written request was submitted, the Government Records Council lacks the jurisdiction to adjudicate the complaint under OPRA and the case should be dismissed.

Documents Reviewed

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

1. June 3, 2004 - Denial Of Access Complaint Form
2. June 15, 2004 - Custodian’s Counsel declines mediation and states that there was no records request on May17, 2004
3. June 18, 2004 - Complainant’s Agreement to Mediate
4. July 1, 2004 – Initial Letter from GRC to Complainant
5. July 7, 2004 – Amended Letter from GRC to Complainant requesting a copy of records request
6. July 23, 2004 – Custodian’s Certification
7. August 2, 2004 – Custodian’s Certification that the Complainant’s April 20, 2004 request was not received

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Government Records Council:

1. Find that a written OPRA request was not made by the Complainant pursuant to OPRA.
2. Find that the GRC lacks the jurisdiction to adjudicate the complaint.
3. Based on “1” and “2” above the complaint should be dismissed.

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

July 26, 2004

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