2004-118

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 of the Custodian’s certification that there were no records responsive to the request.

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:

1. Any records on Barbara Schwarz/Barbara Schwartz
2. Any records on Mark C. Rathburn aka Mark De Rothschild
3. Any records on Scientology or Church of Scientology
4. Any records on L. Ron Hubbard
5. Any records on former President Dwight David Eisenhower

Custodian: Michael Kennedy
Request Made: July 20, 2004
Response Made: August 2, 2004
GRC Complaint filed: August 17, 2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on August 17, 2004 pursuant to N.J.S.A. 47:1A-1 et. seq. alleging the Custodian was not responsive to her request and was denied access to the following information requested:

1. Any records on Barbara Schwarz/Barbara Schwartz
2. Any records on Mark C. Rathburn aka Mark De Rothschild
3. Any records on Scientology or Church of Scientology
4. Any records on L. Ron Hubbard
5. Any records on former President Dwight David Eisenhower

Public Agency’s Case Position

In response to the Complainant’s allegations, the Custodian asserts that the records requested are not made, maintained or kept on file in the Department of Health and Senior Services pursuant to N.J.S.A. 47:1A-1.1.

Analysis

The Complainant filed a Denial of Access complaint on August 17, 2004 with the Government Records Council, pursuant to N.J.SA.47:1A-1 et seq. alleging that she was denied access to records sought in her July 20, 2004 Open Public Records Act (“OPRA”) request. 

Pursuant to N.J.SA.47:1A-1.1, the definition of a “Government record" or "record" is … “any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof.”

The Custodian has certified in their Statement of Information dated September 23, 2004 that the requested records are not made, maintained or kept on file by the Department of Health and Senior Services.  Since there are no records responsive to the request the case should be dismissed.

Documents Reviewed

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

1. Denial of Access Complaint with letter to the GRC – August 17, 2004
2. Request for information to the Department of Commerce – July 20, 2004
3. Response from Custodian – August 2, 2004
4. Mediation Agreement signed by Complainant – August 17, 2004
5. Mediation Agreement signed by Custodian – August 25, 2004
6. Statement of Information  - September 23, 2004

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case on the basis of the Custodian’s certification that there are no records responsive to the request.

Prepared By:  
Staff Associate

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

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