Final Decision
Donald Pelicano Complaint No. 2003-146
Custodian of Record
v.
Council City of Hoboken
Custodian of Record
Complainant 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 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 and to dismiss the complaint on the basis of the custodian’s certification in the Statement of Information that it complied with the records request by providing all the documentation it was responsible for providing.
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 Executive Director
Donald Pelicano Complaint No. 2003-146
Complainant
v.
City of Hoboken
Custodian of Records
Relevant Records Requested: Various Bonds
Custodian: James Farina/Joseph Sherman
Request Made: July 21, 2003, August 8, 2003, September 9, 2003, September 30, 2003, October 8, 2003, October 10, 2003, October 28, 2003
GRC Complaint filed: October 28, 2003
Recommendations of Executive Director
In accordance with the Open Public Records Act ("OPRA"), a complaint was filed on October 28, 2003. The complainant requested a series of bonds, as well as inquiring about various financial decisions made by the city.
The custodian responded in the Statement of Information that the Bond Issue documents were disclosed. It also indicates that, "there are no documents detailing various supplemental information from bond issues." They go on to say that on January 27, 2004, "the Requestor's additional list of documents and questions were forwarded to Mr. J. Ostow, Esq. Of Wolf, Samson, P.C. They were Bond Counsel of record for issue subject to Mr. Pellicano’s numerous requests.."
On February 26, 2004, Mr. Pellicano wrote to the GRC stating that he still had not received all of the information. He will advise further at a later date.
The Executive Director respectfully recommends that the Council dismiss this complaint on the basis that the custodian has certified in the Statement of Information that it has complied with the request by providing the documentation it was responsible for providing.
Legal Analysis
Pursuant to N.J.S.A. 47:1A-1.1, a government record is "…any paper, written or printed book, document…information stored or electronically maintained or kept on file in the course of his business…" In the instant case, the requestor received all the documents requested. The requestor also posed a series of questions directed to the custodian and ultimately, to the Ernst and Young. "Questions" do not meet the definition of government records and therefore, are not within the jurisdiction of the Government Records Council. Finally, the request stated that "he had still not received all the information” and that he would “advise further at a later date". The requestor did receive the documents but did not have his itemized list of questions asked. Therefore, based on the analysis stated above, it is recommended that this case be dismissed.
Documents Reviewed
The following documents were reviewed in preparing the Findings and Recommendations for this case:
- October 8, 2003 -Letter from Requestor to the City Clerk
- October 20, 2003 - Letter from Requestor to Ernst & Young, LLP
- October 28, 2003 - Denial of Access Complaint
- November 7, 2003 - Letter from Requestor to the Custodian Counsel
- November 13, 2003 - E-mail from Requestor to GRC
- January 28, 2004 - GRC request for Statement of Information
- January 28, 2004 - Statement of Information
- January 30, 2004 - Letter from City Clerk to GRC
- February 27, 2004 - E-mail from Requestor to GRC
_________________________
Paul F. Dice
Acting Executive Director
Government Records Council
March 7, 2004
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