2003-152

Final Decision

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 said Findings and Recommendations to dismiss the complaint, but amended number "3" of the Recommendations to read N.J.S.A. 47:1A-5(h) instead of N.J.S.A. 47:1A-5(g).  The Council, therefore, finds that:

1. The Custodian provided access to Michael Galdieri's personnel and employee file.
2. The Custodian provided access to all the records requested that were made, maintained, and kept on file with its December 19, 2003 response to the Requestor.
3. N.J.S.A. 47:1A-5(h) provides that '[a]ny officer or employee of a public agency who receives a request for access to a government record shall forward the request to the custodian or direct the requestor to the custodian of the record."  (Emphasis added.)  Thus, the Custodian fulfilled its obligation to the Requester regarding the personal financial disclosure form requested when he directed the Requester to the City Clerk’s Office.  
4. The complaint is 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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Findings and Recommendations of the Executive Director

Relevant Records Requested: 

1. Copy of Michael Galdieri's personnel file.
2. Copy of any and all documents pertaining to Mr. Galdieri and his employment,
3. Copy of the minutes from the Board of Commissioners' Meeting held on October 9, 2003.
4. Copy of the resolution authorizing the issuance of 1.1 million in bonds.
5. A complete and accurate detailing of the allocation of the bond issue.
6. Copy of the personal financial disclosure form of Oren K. Dabney.
7. Copy of the employment contract between the JCIA and Oren K. Dabney Sr.

Request Made: October 16, 2003
Response Made:   October 23, 2003 and December 19, 2003
Custodian: Jersey City Incinerator Authority (Oren K. Dabney, Sr.)
GRC Complaint Filed: November 22, 2003

Recommendations of the Executive Director

This Open Public Records Act ("OPRA") Complaint filed November 22, 2003 alleges denial of an OPRA request to the Jersey City Incinerator Authority ("Authority") seeking copies of various personnel records, minutes, resolutions and personal financial disclosure forms.

The Custodian asserts in the Statement of Information that the requested records, except for Mr. Dabney’s personal financial disclosure form, were provided to the Requester with a letter dated December 19, 2003.  Further, the Custodian asserts in the Statement of Information that the personal financial disclosure form is not a record within its custody but must be requested from the City Clerk's Office.  

The Executive Director respectfully recommends that the Council dismiss the complaint because:

1. The Custodian provided access to Michael Galdieri's personnel and employee file.
2. The Custodian provided access to all the records requested that were made, maintained, and kept on file with its December 19, 2003 response to the Requestor.
3. N.J.S.A. 47:1A-5(g) provides that "[a]ny officer or employee of a public agency who receives a request for access to a government record shall forward the request to the custodian or direct the requestor to the custodian of the record."  (Emphasis added.)  Thus, the Custodian fulfilled its obligation to the Requester regarding the personal financial disclosure form requested when he directed the Requester to the City Clerk’s Office.  

Legal Analysis

OPRA generally provides that a Custodian must grant access to government records that exist at the date of the request, that are within his custody and which are not privileged.  In this case, the Custodian provided access to all the requested records that existed at the date of the request, that the Authority had custody of and which are not privileged.  The records provided were made, maintained and kept on file by the Authority and provided to the Requester accordingly.

The only record not provided to the Requester was the personal financial disclosure form because it was not within the Custodian's custody.  Specifically, the Custodian directed the Requestor to the custodian of that record in accordance with N.J.S.A. 47:1A-5(g).  Thus, the Custodian fulfilled its obligation to the Requester regarding this record.

Documents Reviewed

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

• October 16, 2003 - Requester's OPRA Request
• October 23, 2003 - Custodian's initial response to the OPRA Request
• November 22, 2003 - Denial of Access Complaint
• December 19, 2003 - Custodian's second response to the OPRA Request
• January 15, 2004 - Offer to Mediate sent to the Requester and Custodian
• January 22, 2004 - Requester’s Refusal to Mediate
• March 2, 2004 - Statement of Information  (only documents pertinent to GRC Case# 2003-152 were used for review)

Conclusion

The Executive Director respectfully recommends that the Council dismiss the complaint because:

1. The Custodian provided access to all the records requested that were made, maintained, and kept on file with its December 19, 2003 response to the Requester.
2. N.J.S.A. 47:1A-5(g) provides that any officer or employee of a public agency who receives a request for access to a government record shall forward the request to the custodian or direct the requestor to the custodian of the record.  (Emphasis added.)  Thus, the Custodian fulfilled its obligation to the Requester regarding the personal financial disclosure form requested when he directed the Requester to the City Clerk's Office.  

________________________

Paul F. Dice
Acting Executive Director
Government Records Council

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