2004-100

Final Decision

At the July 25, 2007 public meeting, the Government Records Council ("Council") considered the July 24, 2007 Supplemental Findings and Recommendations of the Executive Director and all related documentation submitted by the parties.  The Council voted unanimously to adopt the entirety of said findings and recommendations. The Council, therefore, finds that the complaint is dismissed because the Complainant withdrew the matter from the Office of Administrative Law.

This is the final administrative determination in this matter. Any further review should be pursued in the Appellate Division of the Superior Court of New Jersey within forty-five (45) days. Information about the appeals process can be obtained from the Appellate Division Clerk's Office, Hughes Justice Complex, 25 W. Market St., P.O. Box 006, Trenton, NJ 08625-0006.  Proper service of submissions pursuant to any appeal is to be made to the Council in care of the Executive Director at the State of New Jersey Government Records Council, 101 South Broad Street, P.O. Box 819, Trenton, NJ 08625-0819. 

Final Decision Rendered by the

Government Records Council

On The 25^th Day of July, 2007

Vincent P. Maltese, Chairman
Government Records Council

I attest the foregoing is a true and accurate record of the Government Records Council.

David Fleisher, Secretary
Government Records Council 

Decision Distribution Date:  August 2, 2007

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Supplemental Findings and Recommendations of the Executive Director

Records Relevant to Complaint:

Complete digital copy of the New Jersey Environmental Management System database for the whole State in database format, including dictionary.

Custodian: Rich Yarsinsky

Request Made:  6/29/04

Response Made:  7/6/04

GRC Complaint Filed: 7/22/04

Background

November 9, 2004

            Government Records Council’s ("Council") Interim Order. At its November 9, 2004 public meeting, the Council considered the November 2, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. The Council voted unanimously to adopt the entirety of said findings and recommendations.  The Council, therefore, found that the complaint should be referred to the Office of Administrative Law for a fact finding hearing to determine:

1. Whether the NJEMS database and Data Dictionary is proprietary information?
2. Whether the information in the NJEMS database can be extracted with the required redactions without creating a new database system?
3. Whether fulfilling the request for the DEP database and Data Dictionary would result in a disruption of the DEP's operations?
4. What information stored in the NJEMS database does not appear on DEP Data Miner website?

November 22, 2005

Council’s Interim Order distributed to the parties.

June 10, 2005

            The complaint was transmitted to the Office of Administrative Law. 

July 9, 2007

            The Complainant withdrew the complaint with prejudice from the Office of Administrative Law.

Analysis

The Complainant withdrew the complaint with prejudice from the Office of Administrative Law on July 10, 2007.  Therefore, the complaint should be dismissed because the Complainant withdrew the matter with prejudice from the Office of Administrative Law.

Conclusions and Recommendations

The Executive Director respectfully recommends the Council find that the complaint be dismissed because the Complainant withdrew the matter from the Office of Administrative Law.

Approved By:

Catherine Starghill, Esq.

Executive Director

July 24, 2007

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Interim Decision on Access

At the November 9, 2004 public meeting, the Government Records Council ("Council") considered the November 2, 2004 Executive Director's Findings and Recommendations and all related documents submitted by the parties.  The Council voted unanimously to adopt the entirety of said findings and recommendation and amend the "Conclusions and Recommendations of the Executive Director" to include the additional determination by the Office of Administrative Law for costs associated to exporting the records responsive to the request in the requested medium. Therefore, the Council referred the case to the Office of Administrative Law for a hearing to determine:

1. Whether the NJEMS database and Data Dictionary is proprietary information.
2. Whether the information in the NJEMS database can be extracted with the required redactions without creating a new database system.
3. Whether fulfilling the request for the DEP database and Data Dictionary would result in a disruption of the DEP's operations.
4. What information stored in the NJEMS database does not appear on DEP Data Miner website.
5. The costs associated to exporting the records responsive to the request in the requested medium.

Interim Decision Rendered by the
Government Records Council
On The 9^th  Day of November, 2004

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 Executive Director

At the November 9, 2004 public meeting, the Government Records Council ("Council") considered the November 2, 2004 Executive Director's Findings and Recommendations and all related documents submitted by the parties.  The Council voted unanimously to adopt the entirety of said findings and recommendation and amend the "Conclusions and Recommendations of the Executive Director" to include the additional determination by the Office of Administrative Law for costs associated to exporting the records responsive to the request in the requested medium. Therefore, the Council referred the case to the Office of Administrative Law for a hearing to determine:

1. Whether the NJEMS database and Data Dictionary is proprietary information.
2. Whether the information in the NJEMS database can be extracted with the required redactions without creating a new database system.
3. Whether fulfilling the request for the DEP database and Data Dictionary would result in a disruption of the DEP's operations.
4. What information stored in the NJEMS database does not appear on DEP Data Miner website.
5. The costs associated to exporting the records responsive to the request in the requested medium.

Interim Decision Rendered by the
Government Records Council
On The 9^th  Day of November, 2004

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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