2004-190

Final Decision

At its April 14, 2005 public meeting, the Government Records Council (“Council”) considered the April 7, 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, finds that the case is dismissed on the basis of the Custodian’s certification that all records responsive to the request that were made, maintained or kept on file were released to the Complainant.

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 April, 2005
Diane Schonyers, Vice-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: April 20, 2005

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Findings and Recommendations of the Executive Director

Records Requested:

Items relating to 505 Haddon Avenue (8 items)

1. Amount paid by the Borough to purchase 505 Haddon Avenue
2. Itemized expenditures made by the Borough to renovate 505 Haddon Avenue
3. Any remediation costs paid by the Borough relating to 505 Haddon Avenue
4. Any other Borough costs related to the purchase and renovation of 505 Haddon Avenue, which are not included above
5. Any non-municipal funds used to purchase or renovate 505 Haddon Avenue or which were used to offset the cost of purchase and rehabilitation
6. The amount of property taxes, itemized by year, paid to the Borough for 505 Haddon Avenue from 1996 until purchase of the property by the Borough
7. A copy of the existing lease agreement between the Borough and the current occupant of 505 Haddon Avenue
8. Any other written agreements that exist between the Borough and the current occupant of 505 Haddon Avenue

Duplex Conversion Program (8 items)

1. All written agreements and/or contracts between the Borough and First Colonial Bank relating to any aspect of the Borough’s Duplex Conversion Program
2. All ordinances passed by the Borough that establish, or modify in any way, the Borough’s Duplex Conversion Program
3. Written procedures, established by the Borough, that an applicant must follow for receipt and expenditure of loans under the Borough’s Duplex Conversion Program
4. The complete information packet that is given to persons or entities after application for the Borough’s Duplex Program is made
5. Blank copy of the agreement signed by the recipient after being authorized to participate in the Borough’s Duplex Conversion Program, including any legal documents the participant is required to complete
6. The amount of municipal funds, by year, that have been loaned to participants in the Borough’s Duplex Conversion Program, from 1996 through the present
7. The amount and source of any non-municipal funds, by year, that have been used to offset or support loans under the Borough’s Duplex Conversion Program since 1996 through the present
8. Copies of records indicating the methodology used by the Borough and First Colonial to create an appraised value “ based on when the work is finished” vas-a-vis the Borough’s Duplex Conversion Program

8/12/04 contract with Lumberyard Redevelopment, LLC (3 items)

1. All written agreements and/or contracts between the Borough and First Colonial Bank relating to any aspect of the Borough’s Duplex Conversion Program
2.       All ordinances passed by the Borough that establish, or modify in any way, the Borough’s Duplex Conversion Program
3.       Written procedures, established by the Borough, that an applicant must follow for receipt and expenditure of loans under the Borough’s Duplex Conversion Program

Request Made: 10/25/04
Response Made: 10/29/04
Custodian: Alice Marks (It is stated that Brad Stokes, Business Administrator, denied the request)
GRC Complaint filed: 11/04/2004

Background

October 25, 2004
The Complainant’s Open Public Records Act (OPRA) request seeking the above mentioned records.

October 29, 2004
Custodian’s response to the records request informing the Complainant of which of the requested records she has on file.

November 2, 2004
The Complainant’s Denial of Access Complaint alleging that she was denied records on the basis that she had “not requested a government record.” The Complainant also states in a letter to the Custodian that she requested the same information (and more) for 33 West Collins Avenue in Collingswood, and she received that information.

November 10, 2004
The Business Administrator’s letter to the Complainant explaining that the reason for the denial of some of the records is that they do not exist. He also explains that the documentation provided for 33 West Collins Avenue was a document created by him for that project, and therefore it is a government record.

November 10, 2004
Mediation is offered to both parties.

November 22, 2004  
In the Statement of Information, the Custodian explained that the Complainant was denied some of her requests because the records did not exist, and “therefore, such items did not request any government records.” As stated in the October 29, 2004 letter, these items include numbers 1-6 relating to 505 Haddon Avenue, 2,6,7, and 8 relating to the Duplex Conversion Program, and number 3 in regards to the 8/12/04 contract with Lumberyard Redevelopment.

December 9, 2004
The Business Administrator’s letter to the Complainant stating that they have located records responsive to her request, specifically relating to numbers 2 and 6 in regards to 505 Haddon Avenue.

Analysis

Whether the Complainant has been unlawfully denied access to Government Records?

 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 certified that the requested records that were denied do not exist.

Pursuant to the definition of a “government record”, specifically that it “…has been made, maintained or kept on file…” the denial was lawful.

Conclusions and Recommendations

The Executive Director respectfully recommends that the Council dismiss the case because the Custodian has certified that she has released all records responsive that are made, maintained, and kept on file.

Prepared By: Chris Malloy, Case Manager

Approved By:
Paul F. Dice
Executive Director
Government Records Council
April 7, 2005   

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