Final Decision
Jay Katinsky, Complaint No. 2003-68
Complainant
v.
Township of River Vale Clerk,
Custodian of Record
At its November 13, 2003 public meeting, the Government Records Council considered the November 6, 2003 Findings and Recommendations of Executive Director and all related documentation submitted by the parties concerning the request for financial disclosure forms for the Mayor, the Business Administrator and two Council Members for the Township of River Vale and the integrity of the requested documents.
The Council voted unanimously to accept the November 16, 2003 Recommendations of the Executive Director that states:
-
The custodian provided the requested documents to the requester and certified they were complete, correct and contained no redactions.
-
The issue regarding the integrity of public records provided in this request is outside the jurisdiction of the Open Public Records Act.
-
This 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 Recommendation of Executive Director
Jay Katinsky, Complaint No. 2003-68
Complainant
v.
Township of River Vale Clerk,
Custodian of Record
Relevant Records Requested: Copies of the financial disclosure forms for Mayor Paschalis, Business Administrator Garvin, and Council Members DeStafan and Menville
Request Made: May 22, 2003
Custodian: Roy S. Blumenthal - River Vale Township Clerk
GRC Complaint Filed: June 12, 2003
Executive Director's Recommendation
The requester made an Open Public Records Act request for Copies of the financial disclosure forms for Mayor Paschalis, Business Administrator Garvin, and Council Members DeStafan and Menville. After filing a complaint with the Government Records Council, the custodian acting on advice of the township's counsel provided the requester with the requested documents. The requester, however, indicated they were "incomplete, improper and inaccurate" and one disclosure form was illegible. The custodian certified that copies of the requested documents given to the requestor were complete, correct and there were no redactions.
Based on the foregoing facts and legal issues and considerations, the Acting Executive Director respectfully recommends that the Council:
- Find that the custodian provided the requested documents to the requester and certified they were complete, correct and contained no redactions.
- Find that the integrity of public records under these circumstances is outside the jurisdiction of the Open Public Records Act.
- Dismiss the complaint.
Statement of Facts
May 22, 2003-Requester submitted a request for copies of the financial disclosure forms for the mayor (George Paschalis), business administrator (Bibi Stewart Garvin), and two council members (Dwight DeStefan and Robert Menville).
June 2, 2003-Request was denied based on advice from the township attorney citing Executive Order 26 (August 13, 2002).
June 8, 2003 - Denial of Access complaint filed.
June 26, 2003-Requestor contacts the GRC stating that he received the requested documents, however they are "incomplete, improper and inaccurate." He alleges one disclosure form is illegible.
July 15, 2003 - Copy of the complaint was faxed to the custodian.
July 16, 2003 - The GRC received a letter from the Township of River Vale Custodian, Roy Blumenthal. The letter stated that several days after the denial of the request on June 2, the Township Attorney approved release of the records and the financial disclosure forms were provided "at once".
August 8, 2003 - Executive Director Marc Pfeiffer writes requestor directing him to the Local Finance Board for assistance with his allegations about legibility and accuracy of financial disclosure forms.
August 29, 2003 - GRC receives a legible copy of the financial disclosure form for council member DeStefan. The form was faxed to requestor.
September 9, 2003 - A letter confirming the receipt of the financial disclosure form for council member DeStefan was sent. The letter stated if the GRC did not hear back from requestor, the complaints would be closed.
September 30, 2003 - Requestor advises GRC staff he is s satisfied with the documents received. GRC staff stated that the complaints would be closed and that an email stating such would be sent.
October 1, 2003 - Requester responds to the e-mail stating that he is not withdrawing his complaint and wants the issues of inaccurate financial disclosure forms for mayor Paschalis, the incomplete financial disclosure form for business administrator Garvin and council member Menville and the legibility of the financial disclosure form for DeStefan to be addressed by the GRC.
October 23, 2003 - The township clerk certifies that the requested financial disclosure forms were all supplied to requestor, and that they are complete and correct and that there are no redactions.
Analysis
While the requester asserted that the documents received were incomplete and/or illegible, the River Vale Clerk's office informed the requester that they did not have a more legible set of the documents.
The facts in this case indicate that the custodian provided the requester with the requested documents, and the custodian certified that they were complete, correct and contained no redactions. Therefore, the request in this case has been satisfied. The integrity of the requested documents is outside of the jurisdiction of the GRC. For these reasons, the Council should dismiss the Complaint.
Paul F. Dice,
Acting Executive Director
Government Records Council
Dated: November 6, 2003
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