2004-112

Final Decision on Access

At its January 13, 2005 public meeting, the Government Records Council (Council) the Council conducted an in camera inspection of the un-redacted “letter of resignation of Chief Pollinger” for a determination on access.  The Council conducted said review as concluded in their December 9, 2004 Interim Decision and pursuant to the provisions of N.J.S.A. 47:1A-7(c).  Present during the in camera review were:

The Custodian is to provide Complainant access to the requested records within ten (10) business days from receipt of the decision on the basis of the Council’s above determination and with confirmation to the Executive Director that the Custodian complied with the Council’s decision.

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 13^th Day of January, 2005

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 

Decision Distribution Date:  January 24, 2005

Return to Top

Interim Decision on Access

At the December 9, 2004 public meeting, the Government Records Council (“Council”) considered the December 1, 2004 Executive Director’s Findings and Recommendations and all related documents submitted by the parties.  At this meeting additional submissions were received by fax from the Custodian on December 9, 2004. The Council reviewed and considered the Custodian’s submissions. 

The Council unanimously voted not to accept the Executive Director’s recommendation and voted, instead, to conduct an in camera inspection of the un-redacted “Letter of Resignation of Chief Pollinger.”  The in camera inspection will be conducted at the January 13, 2004 Government Records Council Meeting.

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

Return to Top

Supplemental Findings and Recommendations of the Executive Director

Records Requested:

1. All correspondence relating to the resignation of John F. Pollinger as an employee of Middletown Township, including any correspondence from or to him.
2. Any minutes of Township Committee reflecting receipt of, or action on said resignation.

Request Made:   July 27, 2004
Response Made: August 9, 2004
Custodian:   Heidi Abs, Acting Township Clerk
GRC Complaint filed: August 10, 2004

Background

At the November 9 2004 Government Records Council meeting the Council ordered that the Custodian shall provide access to the requested resignation letter pursuant to N.J.S.A. 47:1A-10 with appropriate redactions of any personal information that would violate the individual’s privacy under the Open Public Records Act.”

Subsequent to the November 9, 2004 meeting the Custodian on December 1, 2004 provided the Council with a copy of the Letter of Resignation of Chief Pollinger with redactions including a letter from the Custodian stating the reason for the redaction of the letter of resignation according to N.J.S.A. 47:1A-10.  The Custodian stated further that the redactions included the “opinions” of the Police Chief on the manner of how the position will be filled after he retires.

Documents Reviewed

The following documents were reviewed in preparing this Findings and Recommendations in this case:

1. Denial of Access Complaint - August 10, 2004
2. Supplemental letter to the Denial of Access Complaint – September 13, 2004
3. Township Committee Executive Session Minutes (Redacted) – May 17, 2004
4. Statement of Information and Letter from the Custodian  - August 19, 2004
5. Copy of the letter from Custodian to Complainant with a copy of the redacted
6. Letter of Resignation of Chief  Pollinger. – December 1, 2004.
7. E-mail from the Custodian to the Case Manager explaining the redaction portion of  the Letter of Resignation referencing the “opinions” of the Police Chief  on  the manner  of how the position will be filled after he retires.

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case on the basis that the Custodian complied with the Council’s order by providing the Complainant with the requested Letter of Resignation of Chief Pollinger with the necessary redactions in accordance with N.J.S.A.47:1A-10.

Prepared By:
Staff Associate

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

December 1, 2004

Return to Top

Interim Decision on Access

At the November 9, 2004 public meeting, the Government Records Council (“Council”) considered the November 1, 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 recommendations with an amendment to number “2” of the “Conclusions and Recommendations of the Executive Director” to state:  “The Custodian shall provide access to the requested resignation letter pursuant to N.J.S.A. 47:1A-10 with appropriate redactions of any personal information that would violate the individual’s privacy under the Open Public Records Act.”  Therefore, the Council hereby finds that:

1. The Custodian provided the Complainant with the requested executive session minutes responsive to the request with appropriate redactions pursuant to the Open Public Records Act. 
   
2. The Custodian shall provide access to the requested resignation letter pursuant to N.J.S.A. 47:1A-10 with appropriate redactions of any personal information that would violate the individual’s privacy under the Open Public Records Act.
   
3. The Custodian is to comply with #2 directly above within ten (10) business days after receipt of the Council’s decision. Compliance is to include written notification to Executive Director Dice.

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 

Return to Top

Findings and Recommendations of the Executive Director

Records Requested:

1. All correspondence relating to the resignation of John F. Pollinger as an employee of Middletown Township, including any correspondence from or to him.
2. Any minutes of Township Committee reflecting receipt of, or action on said resignation.

Request Made:   July 27, 2004
Response Made: August 9, 2004
Custodian: Heidi Abs, Acting Township Clerk
GRC Complaint filed: August 10, 2004
Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on August 10, 2004 pursuant to N.J.S.A. 47:1A-1 et seq. alleging that he was denied access to all correspondence relating to the resignation of Police

Chief John F. Pollinger, specifically the letter of resignation from Chief Pollinger including all other correspondence to him, from him.  He further contends that he received a redacted copy of the minutes of the Township Committee meeting, discussing the resignation of Chief Pollinger on July27, 2004. The complainant specifically contends that his request for access to all the information that the custodian maintains on file was based on empirical evidence regarding Chief Pollinger’s resignation as reported in a newspaper article. 

Public Agency’s Case Position

In response to the Complainant’s allegations, the Custodian asserts that the Complainant was provided with a copy of the May 17, 2004 Minutes of the Township Committee Executive Session reflecting the Police Chief’s intention to retire.  The portions of the meeting minutes not pertaining to Complainant’s request were redacted.  The Custodian contends that access was denied to all requested correspondence concerning the Police Chief’s retirement/resignation pursuant to the exemptions under N.J.SA. 47:1A-10.

Analysis

At issue in the Complaint is the Letter of Resignation including all information and correspondence pertaining to the Police Chief’s resignation.  The Complainant also contends that the Custodian is concealing the information requested by the Complainant under N.J.S.A. 47:1A-10.  The complainant also contends that this information should be disclosable since the matter was reported in the local paper.

The Custodian responded with a redacted copy of the Township Committee Executive Session Minutes, which stated that Police Chief Pollinger planned to retire at the end of 2004.  They did not provide the resignation letter pursuant to N.J.S.A. 47:1A-10.  N.J.S.A. 47:1A-10 states that:

…the personnel or pension records of any individual in the possession of a public agency, including but not limited to records relating to any grievance filed by or against an individual, shall not be considered a government record and shall not be made available for public access, except that:

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 shall be a government record;

personnel or pension records of any individual shall be accessible when required to be disclosed by another law, when disclosure is essential to the performance of official duties of a person duly authorized by this State or the United States, or when authorized by an individual in interest;

and data contained in information which disclose conformity with specific experiential, educational or medical qualifications required for government employment or for receipt of a public pension, but not including any detailed medical or psychological information, shall be a government record.

The Custodian certified in the statement of information that the only existent documents responsive to the request included:

1. Executive session minutes
   
2. “Letter of Resignation of Chief Pollinger

The Custodian certified that the Complainant was provided a copy of the executive session minutes responsive to the request with appropriate redactions pursuant to the Open Public Records Act.  The requested “Letter of Resignation of Chief Pollinger” falls within the enumerated exceptions under N.J.S.A. 47:1A-10 and access was properly withheld.

Documents Reviewed

The following documents were reviewed in preparing this Findings and Recommendations in this case:

1. Denial of Access Complaint - August 10, 2004
2. Supplemental letter to the Denial of Access Complaint – September 13, 2004
3. Township Committee Executive Session Minutes (Redacted) – May 17, 2004
4. Statement of Information and Letter from the Custodian  - August 19, 2004

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case on the basis of:

1. The Custodian provided the Complainant with the requested executive session minutes responsive to the request with appropriate redactions pursuant to the Open Public Records Act. 
   
2. The requested “Letter of Resignation of Chief Pollinger” falls within the enumerated exceptions under the Open Public Records Act and access was properly withheld. N.J.S.A. 47:1A-10.

Prepared By:
Staff Associate

Approved By:
Paul F. Dice
Executive Director

Government Records Council

Return to Top