NJ Seal
State of NJ - Government Records Council Email Grc

2004-158

- Final Administrative Action
- Findings and Recommendations of the Executive Director

Final Administrative Action

Kathleen Fallstick
Complainant
      v.
Haddon Township Business Partnership, Inc.
Custodian of Record
Complaint No. 2004-158

At its February 10, 2005 public meeting, the Government Records Council (“Council”) considered the February 3, 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:

  1. The Custodian has provided the Complainant with access to the requested records.
  2. The Custodian did violate N.J.S.A. 47:1A-5(i) by not responding in a timely manner. However, the Custodian’s actions do not rise to a level of knowing and willful violation of OPRA under the totality of the circumstances.

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 10th 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

Return to Top

Findings and Recommendations of the Executive Director

Kathleen Fallstick                                       GRC Complaint No. 2004-158
Complainant
            v.
Haddon Township Business Partnership Inc.
Custodian of Records

Records Requested:

  1. All letter correspondence from/to Green Eggz of Collingswood, NJ by members  of the Haddon Township Business Partnership, Inc (HTBP) as referenced  at the meeting of June 23, 2003 – (confirmed on video tape)

Request Made: June 1, 2004
Response Made:  January 6, 2005[1]
Custodian:   Christine Hopkins
GRC Complaint filed: October 4, 2004

Background

June 1, 2004

Complainant submitted a written Open Public Records Act (OPRA) Request seeking a copy of all letter correspondence between Green Eggz and HTBP

October 4, 2004

Complainant submitted a Denial of Access Complaint stating that she did not receive a response to her request.

January 6, 2005

Letter to the Complainant from HTBP, stating that they have released everything in their possession that related to her Green Eggz record request.

January 26, 2005

Custodians Statement of Information that reiterated the records in their possession had been released to the Complainant.

Analysis

Whether the Custodian violated N.J.S.A. 47:1A-5(i) not responding in a timely manner.

The Open Public Records Act (OPRA) provides for a timely response to an request to public records. Specifically N.J.S.A. 47:1A-5(i):

“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…”

At the time of the records request, there was uncertainty about who should respond to the request. The township clerk was not sure if it was her responsibility or the responsibility of the Haddon Township Business Partnership, Inc. In Government Records Council case #2004-73, which was heard in October 2004, it was established that HTBP, Inc. should be the responsive party.

The Custodian and Complainant have acknowledged ongoing verbal communication and e-mail correspondence between the time of the request and the written response. Therefore, the matter of timeliness should be noted on the matrix. However, it does not rise to a level of knowing and willful violation of OPRA under the totality of the circumstances.

WHETHER the Custodian has responded appropriately to the records request.

N.J.S.A. 47:1A- 1.1 states that a “government record” is,

“any paper, written or printed book, document, drawing, …that has been made   maintained or kept on file…”

The Custodian has certified that all records responsive to the June 1, 2004 request of the Complainant have been released to the Complainant. The Custodian has certified that there was a change of leadership during the period in question, and therefore, there may be missing records. However, everything that the current leadership has with respect to this request, has been given to the Complainant.

The Custodian has certified that all records responsive to the request has been released to the Complainant. Therefore, the case should be dismissed on the basis that all records responsive to the request have been released.

Conclusions and Recommendations

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

  1. The Custodian has provided the Complainant with access to the requested records.
  2. The Custodian did violate N.J.S.A. 47:1A-5(i) by not responding in a timely manner. However, the Custodian’s actions do not rise to a level of knowing and willful violation of OPRA under the totality of the circumstances.

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

Febraury 3, 2005


[1] This was the date of a written response. There was ongoing communication between both parties during the time of the request and the written response.

Return to Top