Final Decision
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Andrew McCalley,
Complainant
v.
Rowan University,
Custodian of Record
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Complaint No. 2003-90
Decision Issued: February 27 2004
Decision Effective: March 8, 2004
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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
Andrew McCalley GRC Complaint No. 2003-90
Complainant
v.
Rowan University
Custodian of Records
Relevant Records Requested: A copy of Rowan University’s administration/managerial equity adjustments for fiscal years 1999, 2000, 2001, 2002 and 2003, showing only payees and dollar amounts
Custodian: Frank Amoresano, Custodian of Records
Request Made: June 5, 2003
Response Made: June 19, 2003
GRC Complaint filed: July 1, 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:
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.
Legal Analysis
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
June 5, 2003 – Records Request
June 19, 2003 – Request Denied by Custodian
July 1, 2003 – Denial of Access Form Filed
August 22, 2003 – Mediation Offered to Both Parties
August 28, 2003 – Mediation Declined by Custodian
September 12, 2003 – Supplemental Sent to Requestor
September 12, 2003 – Statement of Information Sent to Custodian
October 6, 2003 – Statement of Information Submitted to GRC
January 7, 2004 – GRC Submitted a Letter to Requestor
January 16, 2004 – Certification Request for Timeliness Issue
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
Dated: February 18, 2004
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