2004-210

Administrative Case Disposition

Case Disposition:

Case Manager: Christopher Malloy

Date: September 2, 2005

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Interim Decision on Access

At its May 12, 2005 public meeting, the Government Records Council (Council) considered the May 6, 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, referred the case in its entirety to the Office of Administrative Law to determine:

1. Whether the Bank Reconciliation’s for March 2002, December 2003, and October 2004 for all Township accounts exist, and whether they have been provided to the Complainant? If the records exist but have not been provided, what is the statutory basis for the denial of access?
2. Whether Cash Disbursement details and Cash Deposit details reports for March 2002, December 2003, and October 2004 exist, and whether they have been provided to the Complainant. If the records exist but have not been provided, what is the statutory basis for the denial of access?
3. Whether the work paper on supporting detail for sheet 19 of the Financial Statement detailing surplus regeneration in 2003 exist, and whether they have been provided to the Complainant? If the records exist but have not been provided, what is the statutory basis for the denial of access?
4. For all records responsive to the request that are determined to be disclosable, what charges would be incurred in preparing them for release to the Complainant?

Interim Decision Rendered by the
Government Records Council
On The 12^th Day of May, 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:  May 18, 2005 

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Findings and Recommendations of the Executive Director

Records Requested:

1. March 2002, December 2003, and October 2004 Bank Reconciliation’s for all Township accounts
2. Cash Disbursement details and cash deposit details reports for March 2002, December 2003, and October 2004
3. Work paper on supporting detail for sheet 19 of the financials detailing surplus regeneration in 2003

Request Made: 11/03/04
Response Made: 11/12/04   
Custodian: Reina Murphy
GRC Complaint filed: 12/08/04

Background

December 8, 2004
The Complainant’s Denial of Access Complaint to the Government Records Council (GRC) in which the Complainant stated that he was informed that he needed to clarify his request. It is also stated that the Complainant had been offered information other than the requested documents.

December 16, 2004
The Complainant declined mediation.

December 28, 2004
The Custodian’s Statement of Information in which they stated they will need more clarification in order to answer the request.

March 17, 2005
The Complainant wrote a March 17, 2005 clarification letter to the Custodian. In regard to the March 2002, December 2003, and October 2004 request for Bank Account Reconciliations the Complainant stated the following: I want the bank reconciliation(s) and the detail of the disbursements made and deposits recorded from those account(s). If I knew which accounts the township was using I would be very specific in my request. It seems that whenever a request is made for an account’s activity the response comes back, “Which account are you referring to?” Maybe you should provide me with a list of all the bank accounts the township maintains and detail the purpose of each account and who has signature authority for each account. Then maybe I can be more specific.

The Complainant also provides further clarification as to his previous requests regarding work paper on supporting detail for sheet 19 of the financials detailing surplus regeneration in 2003, as well as Cash Disbursement details and cash deposit details reports for March 2002, December 2003, and October 2004.

April 5, 2005
The Custodian responded to the Complainant’s March 17, 2005 letter. In response to the request for March 2002, December 2003 and October 2004 Bank Account Reconciliations it was stated that bank statements for the Current Fund Account for March 2002, December 2003 and October 2004 will be made available. It was also stated that a list of all bank accounts held by the Township can be found on sheets 9 and 9c of the unaudited financial statements, and the SFY 2003 unaudited financial statements were provided to the Complainant November 3, 2004.

April 18, 2005
The Custodian wrote a letter to the Complainant clarifying what information would be made available.

April 25, 2005
The Government Records Council staff wrote a letter to the Custodian and asked them to complete a table listing the records originally requested by the Complainant and detailing whether access was granted (and the date) or denied (and the OPRA or other statutory cite for authorizing the denial of access.) Also, for each township bank account, the Custodian was asked to please indicate the record requested (bank reconciliation, cash disbursements detail report, or cash deposits detail report) on a separate line. Finally, they were asked to provide whether the work paper or supporting detail for sheet 19 of the financial statements detailing surplus in 2003 were provided.

April 27, 2005
The Custodian responded to the GRC’s April 27, 2005 letter. In regard to the March 2002, December 2003, and October 2004 Bank Reconciliation’s for all Township accounts it is stated that after numerous communications with the requestor, the Township understood the request to be for bank statements. Also, there are no public documents that are bank reconciliations. The Custodian stated that the Requestor did not provide specific bank accounts as the township originally requested by letter dated November 12, 2004.          

In response to the request for Cash Disbursement Details and Cash Deposit Details Reports for March 2002, December 2003, and October 2004 the Custodian states that their office did not receive any response to attempts to clarify this request.

In regard to the request for Work paper or Supporting Detail for Sheet 19 of the financials detailing surplus regeneration in 2003 Financials the Custodian stated that the requestor was advised that this information could be found in the audited financial statements.

Analysis

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

The Open Public Records Act (OPRA) provides that “ …government records shall be readily accessible for inspection, copying, or examination by the citizens of this state, with certain exceptions…” N.J.S.A. 47:1A-1. 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, 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.”

There are a number of issues in this case that are unclear and in dispute and require more in depth proceedings before a determination can be rendered in this case.  Therefore, the Government Records Council Staff recommends that the Council refer the case to the Office of Administrative Law for a hearing to determine:

1. Whether the Bank Reconciliations for March 2002, December 2003, and October 2004 for all Township accounts exist, and whether they have been provided to the Complainant? If the records exist but have not been provided, what is the statutory basis for the denial of access?
2. Whether Cash Disbursement details and Cash Deposit details reports for March 2002, December 2003, and October 2004 exist, and whether they have been provided to the Complainant. If the records exist but have not been provided, what is the statutory basis for the denial of access?
3. Whether the work paper on supporting detail for sheet 19 of the Financial Statement detailing surplus regeneration in 2003 exist, and whether they have been provided to the Complainant? If the records exist but have not been provided, what is the statutory basis for the denial of access?
4. For all records responsive to the request that are to be released, what charges would be incurred in preparing them for release to the Complainant?

Conclusions and Recommendations

The Executive Director respectfully recommends that the Council refer the case to the Office of Administrative Law for a hearing to determine:

1. Whether the Bank Reconciliations for March 2002, December 2003, and October 2004 for all Township accounts exist, and whether they have been provided to the Complainant? If the records exist but have not been provided, what is the statutory basis for the denial of access?
2. Whether Cash Disbursement details and Cash Deposit details reports for March 2002, December 2003, and October 2004 exist, and whether they have been provided to the Complainant. If the records exist but have not been provided, what is the statutory basis for the denial of access?
3. Whether the work paper on supporting detail for sheet 19 of the Financial Statement detailing surplus regeneration in 2003 exist, and whether they have been provided to the Complainant? If the records exist but have not been provided, what is the statutory basis for the denial of access?
4. For all records responsive to the request that are to be released, what charges would be incurred in preparing them for release to the Complainant?

Prepared By:  Case Malloy, Case Manager

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

May 6, 2005

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