2004-109

Final Decision

At its November 9, 2004 public meeting, the Government Records Council (Council) considered the October 1, 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, dismissed the case on the basis the Complainant received the requested information.

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., PO Box 006, Trenton, NJ 08625-0006.

Final 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

Records Requested: Signed Copy of Judge Strelecki’s Oath of Office
Custodian: Robin Johnson
Request Made:   June 4, 2004
Response Made: July 19, 2004 and September 29, 2004
GRC Complaint filed: August 9, 2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on August 9, 2004 pursuant to N.J.S.A. 47:1A-1.1 et. seq. alleging denial of access to a copy of the Oath of Office and signature of Judge Strelecki. 

Public Agency’s Case Position

The Custodian initially provided the Complainant with an Oath of Office of Judge June Strelecki without the signature of the Judge on July 19, 2004. The Custodian, after having several discussions with the Government Records Council staff, provided the Complainant with the document containing the Oath of Office, with the Judges signature, on September 29, 2004.

Analysis

The Custodian initially responded to the Complainant with a copy of the Oath of Office of the Honorable June Streleck without the Judge’s signature.  The Custodian then sent a second response to the Complainant in the form of a faxed copy and original copy of the requested information according to N.J.S.A. 47:1A-1 et seq. on September 29, 2004.  The Custodian’s initial response to the Complainant without signature was discussed with the Government Records Council’s staff (GRC) as having been their policy in the past in, stating their concerns of security issues.  

Documents Reviewed

The following records were reviewed in preparation for this Findings and Recommendations of the Executive Director:

1. August 9, 2004 – Denial of Access Complaint
2. Copy of the Letter sent to the Complainant with a copy of the Oath of Office and signature of Judge June Streleck’s signature

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case based on the Complainant having received the information requested.

Prepared By:
Staff Associate

Approved By: 
Paul F. Dice
Executive Director
Government Records Council

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