2004-212

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, dismissed the case since there has been no denial of access pursuant to N.J.S.A. 47:1A-1.1 as the Custodian provided the Complainant with all documents responsive to the request.

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

Findings and Recommendations of the Executive Director

Request Made: August 9, 2004[2]
Response Made: Incomplete[3]
Custodian: Veronica Jasina
GRC Complaint filed: December 6, 2004

August 9, 2004
Complainant’s “Application to Request Access to Public Records.” The Complainant stated the following, “Who was the tax assessor from 1952-2004?”[4]

December 6, 2004
Complainant’s Denial of Access Complaint. The Complainant states in the “Description of Record” that the Custodian provided some information but was “unable to find out who was tax assessor from 1952 to 1973.”[5]

January 11, 2005
Custodian’s Statement of Information with the following attachments:

The Custodian certifies that the requestor has been provided with all information known to exist in a timely manner; therefore there is no denial of access.

March 18, 2005
Letter to the Custodian from the Government Records Council (GRC) staff. The GRC staff requests the Custodian’s certification as to when the requested documents were provided to the Complainant.

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.” N.J.S.A. 47:1A-1.1.

The Custodian released documents responsive to the request listing the tax assessors from 1974 to the present. The Complainant states he was denied access to the names of the tax assessors from 1952-1973, as the records he received did not contain this requested information. The Statement of Information from the Custodian asserts, “The Custodian researched all possible resources available and provided the requester[6]with all information known to exist in a timely manner.”

Based on the Custodian’s certification in the Statement of Information, all records responsive to the request have been provided to the Complainant, therefore there is no denial of access pursuant to N.J.S.A. 47:1A-1.1.

The Executive Director respectfully recommends that the Council dismiss this case on the basis that the Custodian provided the Complainant with all documents responsive to the request.

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

[1] As stated in the original OPRA request submitted by the Custodian with the Statement of Information; not included with the Denial of Access Complaint.

[2] As stated in the original OPRA request submitted by the Custodian with the Statement of Information; not included with the Denial of Access Complaint.

[3] As stated in the Denial of Access Complaint

[4] As stated in the original OPRA request submitted by the Custodian with the Statement of Information; not included with the Denial of Access Complaint.

[5] The Complainant does not state what records were sought in the Denial of Access complaint

[6] As stated in the Statement of Information.