2003-42

Final Decision

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 adopt the entirety of said Findings and Recommendations. The Council dismissed the complaint finding that the denial of access to information about reasons for raises awarded to management employees comported with the plain language of N.J.S.A. 47:1A-10, and the denial of access to the requested information was proper.

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

Relevant Records Requested: Rowan University's Managerial Equity Adjustments, Salaries, Percentage Raises (cost of living and merit) and Any Other Compensation for Fiscal Years 1999, 2000, 2001, 2002 and 2003
Custodian: Frank Amoresano, Custodian of Records  
Request Made: October 9, 2002
Response Made: October 23, 2003  
GRC Complaint filed: April 14, 2003

Recommendations of Acting Executive Director

The requestor is seeking information concerning the reasons for raises awarded to Management employees. Information about the salaries of the employees during the specified time period was provided, but the Custodian denied access to the reasons for salary increases on the grounds that this information was exempt from disclosure as confidential personnel records.

The Acting Executive Director respectfully recommends the Council find that:

1. The denial of access to information about reasons for raises awarded to management employees is consistent with N.J.S.A. 47:1A-10.
   
2. The complaint should be dismissed.

N.J.S.A. 47:1A-10 provides in pertinent part that personnel records of any individual in the possession of a public agency "shall not be considered a government record and shall not be made available for public access." Exceptions to the personnel exemption include "an individual's name, title, position, salary, payroll record, length of service, date of separation and the reason therefore, and the amount and type of any pension received...." N.J.S.A. 47:1A-10.  In compliance with these statutory provisions, the Custodian released information about the employees" salaries, but withheld data concerning the underlying reasons for raises.  The bases for salary increases are integrally intertwined with employee performance evaluations, which are clearly not subject to disclosure under OPRA.

Documents Reviewed

The following documents have been submitted to members of the Government Records Council concerning the case:

• October 9, 2002 - Record Request
• October 23, 2002 - Response by Custodian
• April 2, 2003 - Custodian’s Response After Request for More Information
• April 8, 2003 - Denial of Access and Supplemental Submitted to GRC
• April 17, 2003 - Mediation Submitted to the Requestor and the Custodian
• April 25, 2003 - Mediation Declined by Custodian
• April 28, 2003 - Mediation Accepted by Requestor
• May 21, 2003 - GRC Staff Phone Conversations with Custodian and Requestor
• June 17, 2003 - Statement of Information Submitted to GRC
• August 22, 2003 - Supplemental Requested by GRC

Conclusion

The denial of access to information about reasons for raises awarded to management employees comported with the plain language of N.J.S.A. 47:1A-10, and the complaint should be dismissed.

________________________

Paul F. Dice
Acting Executive Director
Government Records Council

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