2004-142

Administrative Case Closure

Type of Administrative Closure:  The Complainant stated in the e-mail to the Government Records that she had received the documents responsive to her request and therefore, the complaint was settled. 

Applicable OPRA Provision:  Access was provided and there are no OPRA issues requiring adjudication.

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

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Interim Decision on Access

At the February 10, 2005 public meeting, the Government Records Council (“Council”) considered the January 4, 2005 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 that the Custodian provide the requested documents within fifteen (15) business days from receipt of the Council’s decision. Therefore, the Council hereby finds that:

1. The Custodian should disclose the documents responsive to the request, subject to appropriate redactions, in the medium requested and with special charges, should they apply, in accordance with N.J.S.A. 47:1A-1 et seq. within fifteen (15) business days from receipt of the Council’s decision and confirm to Executive Director Paul Dice when they have complied with same.
2. The Council will conduct a hearing to determine whether the Custodian’s failure to respond to the OPRA request constituted a denial of access and a knowing and willful violation of OPRA under the totality of the circumstances.

Interim Decision Rendered by the
Government Records Council
On The 10^th Day of February, 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

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Findings and Recommendations of Executive Director

Records Requested:

1. Public spending information, including both capital and operating expenditures, for payments made by or on behalf of the Giants Stadium at the Meadowlands during calendar year 2003 or fiscal year 2003-2004.

Custodian: Jim DeBosh
Request Made:   5/17/04
Response Made:  No response
GRC Complaint filed: 9/15/04

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on September 15, 2004 pursuant to N.J.S.A. 47:1A-1 et. seq. alleging the following:

The Custodian “initiated no response but twice upon our contact via phone they hoped to send info within a week.” In a June 28, 2004 e-mail, the Complainant states that they, “forwarded and Open Public Records Act request for information and followed op via fax on June 10. We have received no response to date.” Also, according to an August 30, 2004 fax transmittal, the Complainant states, “I understand you will again follow up regarding our May 17, 2004 Open Public Records Act request for public spending information regarding Giants Stadium at the Meadowlands and Continental Airlines Arena. As this is our 8^th attempt to obtain information since our original request we believe it is necessary to proceed to the New Jersey Government Records Council and file a Denial of Access Complaint form by September 15.”

Public Agency’s Case Position

According to the file, there has been not been any written correspondence from the Custodian to either the Complainant or the Government Records Council.

Analysis

The following corresponds directly with the Conclusions and Recommendations of the Executive Director:
N.J.S.A. 47:1A-5(g) states:
A custodian shall promptly comply with a request to inspect, examine, copy, or provide a copy of a government record.
If the custodian is unable to comply with a request for access, the custodian shall indicate the specific basis therefor on the request form and promptly return it to the requestor.
The custodian shall sign and date the form and provide the requestor with a copy thereof.
N.J.S.A. 47:1A-5(i) states:
Unless a shorter time period is otherwise provided by statute, regulation, or executive order, a custodian of a government record shall grant access to a government record or deny a request for access to a government record as soon as possible, but not later than seven business days after receiving the request, provided that the record is currently available and not in storage or archived.
As stated above, according to the file, there has been not been any written correspondence from the Custodian to either the Complainant or the Government Records Council.

Documents Reviewed

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

1. September 15, 2004 – Denial of Access Complaint (w/attachment)
   1. Letter to the Custodian dated September 15, 2004
   2. Letter to the Custodian dated May 17, 2004
   3. Facsimile from the Complainant to the Custodian
   4. Complainant’s request
   5. June 28, 2004 e-mail from the Complainant to the Custodian
   6. August 30, 2004 e-mail from the Complainant to the Custodian
2. September 22, 2004 – Offer of Mediation to the Complainant and Custodian
3. October 4, 2004 – Statement of Information sent to the Custodian
4. December 14, 2004 – Letter from the Government Records Council to the Custodian

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council find that:

1. The Custodian should disclose the documents responsive to the request, subject to appropriate redactions, in the medium requested and with special charges, should they apply, in accordance with N.J.S.A. 47:1A-1 et seq.
2. There should be a hearing to determine if the Custodian’s failure to provide the Complainant with the records in the medium requested constituted a denial of access and a knowing and willful violation of OPRA under the totality of the circumstances.

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

January 4, 2005

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