2004-184

Final Administrative Action

At its March 10, 2005 public meeting, the Executive Director confirmed that the NJ Senate Democratic Office is under the legislative branch of the Government.  The Government Records Council (“Council”), therefore, voted unanimously to adopt the entirety of the Executive Directors January 31, 2005 Findings and Recommendations and dismisses the case on the basis that the Council lacks jurisdiction in this matter pursuant to N.J.S.A. 47:1A-7(g).

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 10^th Day of March, 2005

Vincent P. Maltese, Chairman
Government Records Council

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

Diane Schonyers
Government Records Council 

Return to Top

Final Administrative Action

At its February 10, 2005 public meeting, the Government Records Council (“Council”) considered the January 31, 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 with the amendment that the Custodian respond to whether or not the NJ Senate Democratic Office has any publicly-accessible reports which are required by law to be submitted to the Legislative or its members pursuant to N.J.S.A. 47:1A-1.1 concerning the Complainant’s OPRA request. 

The Council, therefore, finds that the case will be dismissed upon receipt of a certification from the Custodian stating whether or not the NJ Senate Democratic Office has any publicly-accessible reports which are required by law to be submitted to the Legislative or it members in response to the Complainant’s OPRA request.  The certification shall be provided to Executive Director Paul Dice by February 28, 2005. 

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 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 

Return to Top

Findings and Recommendations of the 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

Request Made:   September 23, 2004
Response Made: September 24, 2004
Custodian:   Kathleen Crotty
GRC Complaint filed: 11/01/2004

Background

September 23, 2004
In an Open Public Records Act request, the Complainant seeks:
Any records on Barbara Schwarz/Barbara Schwartz
Any records on Mark C. Rathburn aka Mark De Rothschild
Any records on Scientology or Church of Scientology
Any records on L. Ron Hubbard
Any records on former President Dwight David Eisenhower

September 24, 2004
The Custodian responds to the records request stating that there are no records relevant to the Complainant’s request

November 1, 2004 
In her Denial of Access Complaint the Complainant states that she amended her request to include a description of the search for records by the Custodian’s office, and that information was withheld

November 5, 2004
The Government Records Council offers mediation to both parties                   

November 16, 2004
In their Statement of Information the Custodian states that there are no records relevant to the request as well as the fact that the GRC lacks jurisdiction over the complaint pursuant to N.J.S.A. 47:1A-7

November 24, 2004
The Complainant responds to the Statement of Information stating that the legislature should respond to OPRA requests           

Analysis

Whether the Complainant has wrongfully been denied access to a Government Record.

The Open Public Records Act (OPRA) defines a “government record” in N.J.S.A. 47:1A-1.1 as:

“…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 devise, 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.   The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.”

The Custodian has stated that there are no records relevant to the request.

Whether the Council has jurisdiction in this matter under the Open Public Records Act:

N.J.S.A. 47:1A-7(g) states:

“The council shall not have jurisdiction over the Judicial or Legislative Branches of State Government or any agency, officer, or employee of those branches.”

The NJ Senate Democratic Office fall under the Legislative Branch of the Government; therefore, the Government Records Council does not have jurisdiction in this matter.

Conclusions and Recommendations

The Executive Director respectfully recommends that the Council dismiss this case on the basis that pursuant to N.J.S.A. 47:1A-7(g), the Government Records Council does not have jurisdiction in this matter.

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

January 31, 2005               

Return to Top