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State of NJ - Government Records Council Email Grc

2004-10

- Final Decision
- Findings and Recommendations of the Executive Director

Final Decision

C.W.
Complainant
v.
William Paterson University Police Department
Custodian of Record

Complaint No. 2004-10

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 to dismiss the complaint because it is outside the Council’s jurisdiction pursuant to N.J.S.A. 47:1A-7(b).

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

C.W.,                                                                  GRC Complaint No. 2004-10 
Complainant                       
v. 
William Paterson University
Police Department,
Custodian of Records

Relevant Records Requested: None – This complaint concerns the alleged disclosure of a William Patterson University Police Department Incident Report – number 0300611. The complainant contends that such disclosure violates N.J.S.A. 47:1A-1 et seq.
Custodian: Mike Horvath, Assistant Vice President Public Safety
Request Made: N/A
Response Made: The report was allegedly released on January 23, 2003 to university employees.
GRC Complaint filed:  February 1, 2004

Executive Director’s Findings and Recommendations

The Complainant alleges that the William Patterson University Police released their report number 0300611 to University employees on January 23, 2003. Said report, a copy of which is attached to the Complainant’s Denial of Access Complaint, includes personally identifiable information such as Complainant’s social security number.

The custodian did not submit a Statement of Information in this complaint in this matter.  However, in a December 5, 2003 letter to the Complainant, the Custodian states, “You are advised that the incident reports created by the University Police Department are not considered confidential and can be freely distributed to other department for their legitimate educational use. In the instance of the Department of Residence Life, such reports are routinely taken into consideration by the staff in making their decisions regarding discipline.”

The Executive Director respectfully recommends that the Government Records Council (“Council”) dismiss this complaint on the grounds that the complaint is outside the Council’s jurisdiction pursuant to N.J.S.A. 47:1A-7(b).

Analysis

N.J.S.A. 47:1A-7(b) states:

The Government Records Council shall:

  • Establish an informal mediation program to facilitate the resolution of disputes regarding access to government records;
  • Receive, hear, review and adjudicate a complaint filed by any person concerning denial of access to a government record by a records custodian;
  • Issue advisory opinions, on its own initiative, as to whether a particular type of record is a government record which is accessible to the public;
  • Prepare guidelines an informational pamphlet for use by records custodians in complying with the law governing access to public records;
  • Prepare an informational pamphlet explaining the public’s right of access to government records and the methods for resolving disputes regarding access, which records custodians shall make available to persons requesting access to a government record;
  • Make training opportunities available for records custodians and other public officers and employees which explain the law governing access to public records; and
  • Operate an informational website and a toll-free helpline staffed by knowledgeable employees of the council during regular business hours which shall enable any person, including records custodians, to call for information regarding the law governing access to public records and allow any person to request mediation or to file a complaint with the council when access has been denied...
Noticeably absent in the above provision is the stated authority for the Council to adjudicate complaints involving the release of information or documentation that are excluded from disclosure pursuant to N.J.S.A. 47:1A-1 et seq. Therefore, as the statute makes clear, on its face, that the Council’s duties include only those cases involving access to government records, this complaint should be dismissed

Documents Reviewed

  • February 1, 2004 Denial of Access Complaint

________________________

Paul F. Dice
Executive Director
Government Records Council

March 7, 2004

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