2003-122

Final Decision

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 26th Day of April, 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 

Decision Distribution Date:   April 29, 2004

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Supplemental Findings and Recommendations of the Executive Director

Relevant Records Requested: 1) Valid Writ of Possession with State Seal, 2) Correspondence from Hill Wallack for Chase Mortgage, 3) Correspondence from Edwin Ferren III, 4) Correspondence from Samuel A. Boulmetis, Jr. or Sr. and Telephone Logs from Calls, 5) Correspondence and Telephone Logs of Calls from Deputy Attorney General’s Office of Camden County Prosecutor’s Office regarding my Eviction/ Locked Out from 105 Wayside Drive, 6) Correspondence from Stephen Gladden or any Court Personnel including Telephone Calls from the Court regarding my Forced Locked Out, and 7) in 2003 All Documents regarding Forced Lock Out from Property by Camden County Sheriff’s Office
Custodian: Sgt. Debra Bell
Request Made: September 11, 2003
Response Made: September 29, 2003
GRC Complaint filed: September 29, 2003

Executive Director’s Supplemental Findings and Recommendations
At its April 8, 2004 public meeting, the Government Records Council (“Council”) considered the April 8, 2004, 2004 Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted unanimously to adopt the entirety of said Finding and Recommendations of the Executive Director adding only five (5) day provisions to the responses ordered in  “1” and “2” below.  Therefore, the Council hereby finds that:

1. The Custodian shall submit a copy of the Writ of Possession with the State seal to the Complainant within five (5) business days of receipt of this Interim Decision on Access.
2. The Custodian supply the Complainant directly with any and all documents that exist in regard to:
   1. Correspondence from Hill Wallack for Chase Mortgage,
   2. Correspondence from Edwin Ferren III
   3. Correspondence from Stephen Gladden or any Court Personnel including Telephone Calls from the Court regarding my Forced Locked Out, and
   4. In 2003 All Documents regarding Forced Lock Out from Property by Camden County Sheriff’s Office. 
3. That the custodian’s certification that the following documents do not exist satisfactorily explains the lack of disclosure of these items. Therefore, no further GRC action is needed.
   1. Correspondence from Samuel A. Boulmetis, Jr. or Sr. and Telephone Logs from Calls
   2. Correspondence and Telephone Logs of Calls from Deputy Attorney General’s Office of Camden County Prosecutor’s Office regarding my Eviction/ Locked Out from 105 Wayside Drive

The Executive Director respectfully recommends that the Council dismiss the case as the custodian has complied with the Council’s Interim Decision and all the requests.

Legal Analysis

The legal analysis was set forth in the April 8, 2004 Findings and Recommendations and no additional analysis is needed. 

Documents Reviewed

• April 8, 2004 – Interim Decision of GRC
• April 20, 2004 – Written Confirmation from Custodian to GRC that the Order was met

________________________

Paul F. Dice
Acting Executive Director
Government Records Council

April 20, 2004

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Interim Decision on Access

1. The Custodian shall submit a copy of the Writ of Possession with the State seal to the Complainant within five (5) business days of receipt of this Interim Decision on Access.
2. The Custodian supply the Complainant directly with any and all documents that exist in regard to:
   1. Correspondence from Hill Wallack for Chase Mortgage,
   2. Correspondence from Edwin Ferren III
   3. Correspondence from Stephen Gladden or any Court Personnel including Telephone Calls from the Court regarding my Forced Locked Out, and
   4. In 2003 All Documents regarding Forced Lock Out from Property by Camden County Sheriff’s Office. 
3. That the custodian's certification that the following documents do not exist satisfactorily explains the lack of disclosure of these items. Therefore, no further GRC action is needed.
   1. Correspondence from Samuel A. Boulmetis, Jr. or Sr. and Telephone Logs from Calls
   2. Correspondence and Telephone Logs of Calls from Deputy Attorney General's Office of Camden County Prosecutor's Office regarding my Eviction/ Locked Out from 105 Wayside Drive

Interim Decision Rendered by the
Government Records Council
On The 8th Day of April, 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: 1) Valid Writ of Possession with State Seal, 2) Correspondence from Hill Wallack for Chase Mortgage, 3) Correspondence from Edwin Ferren III, 4) Correspondence from Samuel A. Boulmetis, Jr. or Sr. and Telephone Logs from Calls, 5) Correspondence and Telephone Logs of Calls from Deputy Attorney General’s Office of Camden County Prosecutor’s Office regarding my Eviction/ Locked Out from 105 Wayside Drive, 6) Correspondence from Stephen Gladden or any Court Personnel including Telephone Calls from the Court regarding my Forced Locked Out, and 7) in 2003 All Documents regarding Forced Lock Out from Property by Camden County Sheriff’s Office
Custodian: Sgt. Debra Bell
Request Made: September 11, 2003
Response Made: September 29, 2003
GRC Complaint filed: September 29, 2003

Recommendations of Acting Executive Director

The Complainant requested documents from the Camden County Sheriff’s Office.  Specifically, these documents include the following:

1. Valid Writ of Possession with State Seal,
2. Correspondence from Hill Wallack for Chase Mortgage,
3. Correspondence from Edwin Ferren III
4. Correspondence from Samuel A. Boulmetis, Jr. or Sr. and Telephone Logs from Calls
5. Correspondence and Telephone Logs of Calls from Deputy Attorney General’s Office of Camden County Prosecutor’s Office regarding my Eviction/ Locked Out from 105 Wayside Drive
6. Correspondence from Stephen Gladden or any Court Personnel including Telephone Calls from the Court regarding my Forced Locked Out, and
7. In 2003 All Documents regarding Forced Lock Out from Property by Camden County Sheriff’s Office. 

The Custodian’s Counsel has affirmed that a copy of the Writ of Possession was provided to the Complainant.  However, this requested information contained an unsealed copy.  In addition, the Custodian’s Counsel has affirmed that any and all documents in the Civil Process Unit were supplied to the Complainant although these other documents did not include responses to the Complainant’s additional requests. Regarding points 2, 3, 6 and 7, the Custodian has not disclosed this information to the Complainant.  Rather, the information was supplied to the Government Records Council and in reference to points to 4 and 5, the Custodian has certified that these documents do not exist.

The Executive Director respectfully recommends that the Council:

1. Order the Custodian submit a copy of the Writ of Possession with state seal to the Complainant;
2. Order the Custodian to supply the Complainant with any and all documents that exist in regards to points numbered 2, 3, 6 and 7; and
3. For points numbered 4 and 5, the Custodian has certified that these documents do not exist and pursuant to N.J.S.A 47:1A 1.1, no further action is needed.

Analysis

In a letter dated September 29, 2003, the Custodian responded to the Complainant by furnishing a letter with attachments that disclosed information regarding point 1 of the request.  Although the Custodian submitted to the Complainant a Writ of Possession, this document was an unsealed version as opposed to the sealed copy requested by the Complainant.  Pursuant to N.J.S.A. 47:1A 1.1, a government record is any information 

…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 any political subdivision thereof.

As a result, a Writ of Possession with a state seal should be disclosed to the Complainant.

Regarding points 2, 3, 6 and 7, the Custodian has not disclosed this information to the Complainant.  Rather, the information was supplied to the Government Records Council.  Pursuant to N.J.S.A. 47:1A 1.1, the Custodian should disclose to the Complainant any and all documents that fall under points 2, 3, 6 and 7.

For points 4 and 5, the Custodian has certified that these documents do not exist.  Pursuant to N.J.S.A. 47: 1A 1.1, these documents are not “made, maintained or kept on file” and as such, no further action is needed.

Documents Reviewed

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

• May 8, 2003 – Eviction Notice from Sheriff to Requestor
• May 20, 2003 – Final Eviction Notice from Sheriff to Requestor
• July 21, 2003 – Letter to the Camden County Office of the Sheriff from Requestor Regarding Boulmetis vs. Giacoboni
• August 1, 2003 – Letter to the Camden County Office of the Sheriff from Requestor Regarding Boulmetis vs. Giacoboni
• September 11, 2003 – Records Request
• September 23, 2003 – Records Request #2
• September 29, 2003 – Denial of Access Filed along with explanation of the Case and Attachments
• January 9, 2004 – Mediation Forms Sent to Custodian and Requestor
• January 13, 2004 – Mediation Form Signed by Custodian and Custodian’s Counsel
• January 28, 2004 – Statement of Information Sent to Custodian
• February 5, 2004 – Statement of Information Filed with GRC  
• March 18, 2003 – Letter from Custodian Counsel Verifying Information Submitted to Complainant (Included in this information is a September 29, 2003 letter to Complainant with attachments)

________________________

Paul F. Dice
Executive Director
Government Records Council

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