2004-152

Final Decision

At its July 14, 2005 public meeting, the Government Records Council (“Council”) considered the July 8, 2005 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 that the requested records are exempt from disclosure under N.J.S.A. 47:1A-9(a) pursuant to N.J.A.C. 13:5-1.1.  

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 14^th Day of July, 2005

Vincent P. Maltese, Chairman
Government Records Council

I attest the foregoing is a true and accurate record of the Government Records Council.

DeAnna Minus-Vincent, Secretary
Government Records Council  

Decision Distribution Date:  July 20, 2005

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Findings and Recommendations of the Executive Director

Records Requested: 

1. Records of any law enforcement officer or agency that have accessed criminal or motor vehicle records (from the CJIS) in the past 5 years on the following people and the dates that these records were accessed or requested:  Arthur J. Blake, Lauren S. Pass, Benjamin B. Corbin, Horace R. Corbin, Salvator Caruana, Allen Solomon, James Baker, Sharon Stockwell and Cory Mermer. 

Request Made:  September 17, 2004
Response Made: September 28, 2004
Custodian:  Sgt. Linda Largey
GRC Complaint filed: October 6, 2004

Background

October 6, 2004
The Complainant filed a Denial of Access Complaint with the Government Records Council (“Council”) for records of any law enforcement officer or agency that accessed criminal or motor vehicle records for nine (9) people listed in the request. 

October 13, 2004 
Council’s staff sent offers of mediation to the Complainant and Custodian.

November 5, 2005 
Council’s staff sent letter seeking the Custodian to file a Statement of Information. 

April 29, 2005 
The Custodian’s Counsel filed a Statement of Information with the Council claiming that the requested records were denied on the basis that the records are contained in a database that excludes access pursuant to N.J.A.C. 13:59-1.1, a regulation promulgated pursuant to N.J.S.A. 53:1-20.6 to include individuals and non-government agencies or other government agencies whose access to criminal history record background information is not prohibited by law.  The Custodian certified that the requested records are only contained in the database.  The Custodian’s Counsel also asserts that pursuant to N.J.S.A. 47:1A-9 and Executive Order 21 the requested records are exempt.  The Custodian’s Counsel also contends that the request for records is improper because it would require the Custodian to analyze, manipulate or research information in order to compile the request. 

February 18, 2005
The Council’s staff sent a letter to the Westfield Leader seeking their intentions in pursuing the case.

February 18, 2005
Horace C. Corbin, Publisher of the Westfield Leader, sent a letter to Council’s staff indicating that Lauren Pass was a former employee of the newspaper and she filed the Open Public Records Act (“OPRA”) request on behalf of the Westfield Leader.  Mr. Corbin indicated that Robert Connelly would be replacing Lauren Pass in this matter. 

June 29, 2005 
The Custodian’s Counsel submitted a certification from the Custodian certifying that the information pertaining to the requested records are only contained within the criminal history record database and exempt pursuant to N.J.A.C. 13:59-1.1. 

Analysis

Whether the Custodian lawfully denied the Complainant’s request for records pursuant to N.J.S.A. 47:1A-9(a)? 

N.J.S.A. 47:1A-9(a) provides that OPRA “…shall not abrogate any exemption of a public record or government record from public access heretofore made pursuant to P.L.1963, c.73 (C.47: 1A-1 et seq.); any other statute; resolution of either or both Houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law; federal regulation; or federal order.”

The Custodian’s Counsel indicated that the information pertaining to the requested records is contained in the criminal history record database, which is exempt from disclosure pursuant to N.J.A.C. 13:59-1.1, a regulation that was adopted pursuant to N.J.S.A. 53:1-20.6.  N.J.A.C. 13:59-1.1 does not allow for the dissemination of information contained in the criminal history record database to individuals or entities who are not expressly authorized access to the database, which includes individuals and non-governmental agencies. 

N.J.S.A. 47:1A-9 (a) provides that OPRA “…shall not abrogate any exemption of public record…” The Custodian properly denied access to the requested records under OPRA pursuant to N.J.A.C. 13:59-1.1 as they are only contained in the criminal history records database, which is exempt from disclosure. 

Conclusions and Recommendations

The Executive Director respectfully recommends that the Council dismiss the case on the basis that the requested records are exempt from disclosure under N.J.S.A. 47:1A-9(a) pursuant to N.J.A.C. 13:5-1.1.  

Prepared By: Erin Knoedler, Case Manager

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

July 8, 2005

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