2004-02

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 and amend the analysis to read:  "OPRA does not comprehend prospective records requests." The Council dismissed the complaint finding that Custodian affirmed in the Statement of Information that the records requested were made available to the Complainant with the exception of account statements for November 2003, which had not been received at the time of the OPRA request. 

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:  Copies of Bank Statements and Cancelled Checks related to certain Montclair Board of Education Accounts
Custodian: Dana Sullivan
Request Made: November 21, 2003
Response Made: Unknown
GRC Complaint filed:  December 30, 2003

Executive Director’s Recommendations

This OPRA Complaint filed December 30, 2003 alleges denial of an OPRA request to review copies of expense checks related to certain accounts managed by the Montclair Board of Education.  Montclair Board of Education has filed a Statement of Information in connection with this complaint, alleging that records were made available with the exception of November 2003 account statements as they had not yet been received.   

The Acting Executive Director respectfully recommends that the Council dismiss the complaint because the Custodian has affirmed in the Statement of Information that the records requested were made available to the Complainant with the exception of account statements for November 2003, which had not been received at the time of the OPRA request. 

Legal Analysis

N.J.S.A. 47:1A-7 (e) provides that is the Council "is able to make a determination as to a record's accessibility based upon the complaint and the custodian's response thereto, it shall reduce that conclusion to writing and transmit a copy thereof to the complainant and the information provided by the Complainant, the requested records do not appear to be subject to any of the exceptions set forth in the Open Public Records Act that permit denial of public access."

Documents Reviewed

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

• 11/21/2003 - Letter from Complainant to Custodian requesting access to records
• 12/30/2003 - Denial of Access Complaint
• 1/14/2004 - Offer of Mediation (Complainant and Custodian)
• 1/28/2004 - Transmittal e-mail of Statement of Information form to Custodian
• 2/18/2004 - Follow up letter to Custodian regarding receipt of Statement of Information (included deadline of 2/20/04)
• 2/19/04 - Statement of Information from Custodian

Conclusion

The Acting Executive Director respectfully recommends that the Council dismiss the complaint because the Custodian has affirmed in the Statement of Information that the records requested were made available to the Complainant with the exception of account statements for November 2003, which had not been received at the time of the OPRA request. 

________________________

Paul F. Dice
Acting Executive Director
Government Records Council

Dated:  February 23, 2004

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