2004-145

Final Administrative Action

At its January 13, 2005 public meeting, the Government Records Council (“Council”) considered the December 21, 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 with the amendment that the Council does not have jurisdiction to adjudicate a denial of access complaint when there is no written OPRA request.  The Council, therefore, dismissed the case on the basis of:

1. There was no written request pursuant to N.J.S.A. 47:1A-5(g).
   
2. The Council does not have jurisdiction to adjudicate a denial of access complaint when there is no written OPRA 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 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

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Findings and Recommendations of the Executive Director

Relevant Records Requested:

1. Annual report by the Highland Park Police Department of Police traffic stops in Highland Park going back 2 years, indicating ethnicity/race of drivers stopped.
   
2. Database/spreadsheet of data describing the ethnicity/race of vehicle drivers stopped by the Highland Park Police in traffic stops.
   

Request Made:  August 24, 2004
Response Made: No response noted
Custodian:   Desk dispatcher/Anne Reff
GRC Complaint Filed:   September 15, 2004

Background

Complainant’s Case Position

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

The Complainant states that on August 24, 2004 she went to the Police Department in the morning and asked for the document referenced in number 1 above. She then states that the desk dispatcher took her name and informed her that someone would call later that day. The Complainant states that as of September 10, 2004 no one called. She states that she contacted the office to see what the delay was, and at that point was transferred to Anne Reff of records, who, needing to get approval to release the information from the Chief of Police, who would call her back that day. The Complainant states that she informed Ms. Reff that if she hadn’t gotten a response within seven business days she would file a complaint with the Government Records Council.

In the regards to the second record requested, the Complainant states that the desk dispatcher took her name and number and told her that someone would call her later that day, as well as the information would take 2 weeks to produce because of the size of the file. The Complainant states that no one called her back that day, and as stated above, she contacted the office on September 10, 2004 to check the status of her Complaint.

Public Agency’s Case Position

In response to the Complainant’s allegations, the Custodian contends that the Complainant did not make a written request.

Analysis

The following corresponds directly with the “Conclusion and Recommendations of the Executive Director” listed below:

N.J.S.A. 47:1A-5(g) states: A request for access to a government record shall be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian.

Based on N.J.S.A. 47:1A-5(g), the Complainant’s request does not fall under the jurisdiction of 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 Form (w/attachment)
   
2. September 29, 2004 – Council’s Offer of Mediation to Complainant and Custodian
   
3. October 15, 2004 – Custodian’s Statement of Information

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council should dismiss the case on the basis that the request was not in writing, pursuant to N.J.S.A. 47:1A-1 et seq.

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

December 21, 2004

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