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State of NJ - Government Records Council Email Grc

2003-108

- Final Decision
- Supplemental Findings and Recommendations of the Executive Director
- Interim Decision
- Findings and Recommendations of the Acting Executive Director

Final Decision

Michael Dean
Complainant        
v.
Borough of Chatham
Custodian of Record

Complaint No. 2003-108
Decision Issued: March 11, 2004
Decision Effective: 14 business days
from date of receipt unless otherwise
provided by Council
Date Prepared: March 26, 2004


At its March 11, 2004 public meeting, the Government Records Council ("Council") considered the March 11, 2004 Supplemental Findings and Recommendations of the Executive Director and all related documentation submitted by the parties.  The Council voted to adopt said Supplemental Findings and Recommendations and to dismiss the complaint on the basis of:

Subsequent to the Council’s Order from the February 27, 2004 public meeting, custodian’s counsel certified that the only legal invoices at issue are those relating to his services, those were already provided to the requestor.  As such, the Executive Director respectfully recommends that this complaint 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

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Supplemental Findings and Recommendations of the Executive Director

Michael Dean                                               GRC Complaint No.  2003-108   
Complainant
v.
Borough of Chatham
Custodian of Records

Relevant Records Requested: The cost to date for the tax appeal for the following property: 181 Passaic Avenue, Block 34, Lot 73. The amount of hours the Borough Assessor devoted to this matter. The breakdown of time spent by the mayor, each councilperson, and all other borough employees on this matter.
Custodian: Borough Clerk
Request Made: August 14, 2003
Response Made: August 21, 2003
GRC Complaint filed: August 22, 2003

Recommendations of the Executive Director

At its February 27, 2004 public meeting, the Government Records Council (“Council”) considered the February 23, 2004 Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted to hold its decision in the case pending receipt of the following information:

  1. The Council instructs the custodian to review its invoices and provide a written certification that there were no attorney bills resulting from the Tax Appeal for Block 34, Lot 73 (181 Passaic Ave.).  Should the invoices contain any entry of attorney bills, said bills are to be disclosed to the requestor subject to the necessary redaction(s) pursuit to N.J.S.A. 47:1A-1 et seq.
  2. The information requested in #1 is to be provided to the Acting Executive Director Paul Dice of the Government Records Council by March 5, 2004.

Subsequent to the Council’s order, custodian’s counsel certified that the only legal invoices at issue are those relating to his services, and those were already provided to the requestor. As such, the Executive Director respectfully recommends that this complaint be dismissed.

Legal Analysis

Based on the fact that the Borough of Chatham has signed an Affidavit stating they have not denied the Requestor access to any public records, as well as their position that they are not required to, “provide produce or manufacture a document showing a detailed breakdown of time expended,” no further legal analysis is needed.

Additional Documents Reviewed

  • March 4, 2004 certification from David J. Lloyd, Esq.
  • March 7, 2004 Letter from the Requestor to the GRC disagreeing with the Custodian’s Counsel’s letter of certification

________________________

Paul F. Dice
Executive Director
Government Records Council

March 7, 2004

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Interim Decision

Michael Dean
Complainant
v.
Borough of Chatham
Custodian of Records

Complaint No. 2003-108
Decision Issued: February 27 2004
Decision Effective: March 1, 2003


At its February 27, 2004 public meeting, the Government Records Council (“Council”) considered the February 23, 2004 Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted to hold its decision in the case upon receipt of the following information:
  1. The Council instructs the custodian to review its invoices and provide a written certification that there were no attorney bills resulting from the Tax Appeal for Block 34, Lot 73 (181 Passaic Ave.).  Should the invoices contain any entry of attorney bills, said bills are to be disclosed to the requestor subject to the necessary redaction(s) pursuit to N.J.S.A. 47:1A-1 et seq.
  2. The information requested in #1 is to be provided to the Acting Executive Director Paul Dice of the Government Records Council by March 5, 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 Acting Executive Director

Michael Dean                                               GRC Complaint No.  2003-108   
Complainant
v.
Borough of Chatham
Custodian of Records

Relevant Records Requested: The cost to date for the tax appeal for the following property: 181 Passaic Avenue, Block 34, Lot 73. The amount of hours the Borough Assessor devoted to this matter. The breakdown of time spent by the mayor, each councilperson, and all other borough employees on this matter.
Custodian: Borough Clerk
Request Made: August 14, 2003
Response Made: August 21, 2003
GRC Complaint filed: August 22, 2003

Recommendations of Acting Executive Director

The requestor asserts that the custodian did not fully respond to his records request. Mr. Dean believes that he has not been given an exact cost to date of the tax appeal for 181 Passaic Avenue, Block 34, Lot 73. He also believes that he has been denied his request for the breakdown of time spent by the mayor, each councilperson, and all other borough employees on this matter. The October 31, 2003 Affidavit of Pat Aceto, the tax assessor of the Borough of Chatham, states, “I do not provide nor am I required to provide, produce or manufacture a document showing a detailed breakdown of time expended.”

The Acting Executive Director respectfully recommends the Council find that:

  1. It is not in the jurisdiction of the Government Records Council to verify the accuracy of the records in question.
  2. The credible information shows that the Borough has no records responsive to the amount of time spent by the Assessor, Borough employees, the mayor and each council person on the tax appeal or the bills for real estate experts and the portion of the complaint pertaining to these records request should be dismissed.
  3. Upon information supplied to the GRC, the Borough of Chatham does not use a tax appeal attorney.  There are, therefore, no records responsive to the request.

Legal Analysis

Concerning a tax appeal for a certain parcel of property, the requestor requested to know: the number of hours the Borough assessor devoted to the matter; a breakdown of time spent by all other Borough employees, the mayor and each councilperson on the matter; and a copy of all bills for professional services for the matter through the date of the request.  The Tax Assessor signed an Affidavit certifying that in connection with the tax appeal, his office is responsible for retaining the services of an appraiser.  He further certified that he does not provide, produce or manufacture a document showing a detailed breakdown of time expended.  He certified that by way of a memorandum dated August 18, 2003, he advised the Borough Clerk of this and that professional services (for real estate experts) used for tax appeals are not received until after the appeals are settled.  The Assessor advised that the tax appeal had been assigned a trial date of October 28, 2003, and attached correspondence from the attorney for the Borough to the trial judge confirming this.  Upon information supplied to the GRC, the Borough of Chatham does not use a tax appeal attorney.  There are, therefore, no records responsive to the request.

Based on the foregoing, the credible information shows that the Borough has no responsive records with respect to the amount of time spent by the Assessor, Borough employees, the mayor and each councilperson on the tax appeal.   The credible information also shows that at the time of the request, the Borough did not have the bills for real estate experts. 

Documents Reviewed

June 30, 2003 – Letter regarding a trial date for matters pertaining to this case
August 14, 2003 – Records Request
August 18, 2003 – Memorandum to the Municipal Clerk
August 22, 2003 – Denial of Access Complaint
October 28, 2003 – Detailing info sent by the Custodian’s Counsel
October 28, 2003 – Statement of Information submitted to GRC
October 31, 2003 – Affidavit by the Borough Tax Assessor
November 5, 2003- Letter from the Requestor to the GRC
November 14, 2003 – Letter acknowledging receipt of Requestor’s letter
January 12, 2004 - Mediation agreements sent to Custodian
January 12, 2004 - Mediation agreements sent to Requestor

Conclusion

  1. It is not in the jurisdiction of the Government Records Council to verify the accuracy of the records in question.
  2. The credible information shows that the Borough has no records responsive to the amount of time spent by the Assessor, Borough employees, the mayor and each council person on the tax appeal or the bills for real estate experts and the complaint pertaining to these records request should be dismissed.
  3. Upon information supplied to the GRC, the Borough of Chatham does not use a tax appeal attorney.  There are, therefore, no records responsive to the request.

________________________

Paul F. Dice
Acting Executive Director
Government Records Council

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