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2003-81

- Final Decision
- Findings and Recommendations of the Executive Director

Final Decision

Larry Loigman
Complainant        
v.
Division of State Police
Custodian of Record

Complaint No. 2003-81
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 to adopt the entirety of said Findings and Recommendations and voted to dismiss the complaint on the basis of:

The custodian certified in their statement of information that the requested information and documents are criminal investigatory records which clearly established public access was properly withheld under the provisions of N.J.S.A. 47:1A-1.1 and the case should be 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

Larry Loigman, Esq.                                          GRC Complaint No. 2003-81
Complainant
        v.
New Jersey State Police
Custodian of Records

Relevant Records Requested: Copies of all reports, notes, statements, or other documents relating to the investigation of false “Megan’s Law” letters, in which Complainant was the victim, in or about February 2000 and thereafter.
Custodian: R. Wilk, Sergeant First Class
Request Made: May 22, 2003
Response Made: June 10, 2003
GRC Complaint filed: June 25, 2003

Recommendations of Acting Executive Director

This OPRA complaint filed June 25, 2003 alleges denial of an OPRA request to review copies of all reports, notes, statements, or other documents relating to the investigation of false "Megan’s Law" letters, in which Complainant was the victim, in or about February 2000 and thereafter.

The record shows that the Custodian denied the request based upon the fact that the requested records constitute criminal investigatory records, which are exempt from public access under OPRA.

The Acting Executive Director respectfully recommends that the Council dismiss this complaint because the custodian certified in their statement of information that the requested information and documents are criminal investigatory records which clearly established public access was properly withheld under the provisions of N.J.S.A. 47:1A-1.1.  

Legal Analysis

N.J.S.A. 47:1A-1.1 provides that “a government record shall not include . . . criminal investigatory records” [emphasis added].  The statute further provides that a criminal investigatory record "means a record which is not required by law to be made, maintained or kept on file that is held by a law enforcement agency which pertains to any criminal investigation or related civil enforcement proceeding." The Complainant asks for all reports notes, statements or other documents "relating to the investigation" by the New Jersey State Police of certain activities that were criminal in nature.  Under the definition set forth above, such records would clearly constitute "criminal investigatory records" and would not, therefore, be subject to public access.

Documents Reviewed

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

  • May 22, 2003 – Complainant's request for records
  • June 10, 2003   - Custodian’s denial of request for records
  • June 25, 2003 – Denial of Access Complaint filed
  • August 8, 2003 – Offer of Mediation
  • August 26, 2003 – Transmittal letter, Statement of Information and Letter Brief in support of Custodian’s Statement of Information

Conclusion

The Acting Executive Director respectfully recommends that the Council dismiss this complaint because the custodian certified in their statement of information that the requested information and documents are criminal investigatory records which clearly established public access was properly withheld under the provisions of N.J.S.A. 47:1A-1.1.  

Paul F. Dice
Acting Executive Director
Government Records Council

March 7, 2004

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