2004-208

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 dismissed the case on the basis of the Custodian’s certification that explained all records responsive to the request 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
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

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Findings and Recommendations of the Executive Director

Records Requested:

Tax records from 1952-2004 on Block 92 lot 9.01, 9.02, 9.03, 9.04, 9.05 and 9.06

Request Made:   August 9, 2004
Response Made: August 12, 2004
Custodian:   Veronica E. Jasina
GRC Complaint filed: December 6, 2004

Background

August 9, 2004
Written Open Public Records Act (OPRA) Request of Complainant.

August 12, 2004
Custodian’s letter to the Complainant notifying him that his request will be ready on August 27, 2004.

December 6, 2004
Denial of Access Complaint form submitted by Complainant stating that the records supplied were incomplete and font was too small to read.

January 11, 2005
Statement of Information submitted by the Custodian, certifying that all records responsive to the request, have been given to the Complainant.

Analysis

Whether the Custodian has unlawfully denied access to a Government Records as defined by N.J.S.A. 47:1a-1.1?

"Government record" or "record" means 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 device, 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, or that has been received in the course of his or its official business by any such 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 Complainant stated in his Denial Of Access complaint that the records received were not complete. However the Custodian has certified that, ”all records that were available and in existence were copied and provided to Ronald Miles.” Since the Custodian has certified that all records responsive were given to the Complainant, he (the Complainant) was not denied access to the requested records pursuant to N.J.S.A. 47:1A-1.1

Conclusions and Recommendations

The Executive Director respectfully recommends that the Council dismiss this case on the basis that the Custodian has certified that all records responsive to the request have been released to the Complainant.

Prepared By:  Kimberly Gardner, Case Manager

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

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