2004-214

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

Response Made: April 29, 2005[2]
Custodian: Veronica Jasina
GRC Complaint filed: December 6, 2004

April 23, 2004
Complainant’s “Application to Request Access to Public Records”. The Complainant requests, “What lot is the wells placed on Block 92, Lot 9? What year was wells put in.[3]”

April 29, 2004
Custodian’s written response to the Complainant. The Custodian’s written response states, “Barnegat Township does not maintain records of individual well permits. I suggest your[4] contact the Ocean County Health Department, 175 Sunset Avenue, Toms River, New Jersey 08754 for the information you are seeking.”

December 6, 2004
Complainant’s Denial of Access Complaint. The Complainant states that the Custodian never provided access to the public records.

January 11, 2005
Statement of Information submitted by Custodian. The Custodian states that the Complainant “did not clearly ask for specific records.” However the Custodian did respond to the Complainant in writing on April 29, 2005 stating, “Barnegat Township does not maintain records of individual well permits.” The Custodian goes on to direct the Complainant to the Ocean County Health Department for the information the Complainant is seeking.

Whether there was a request for records pursuant to the Open Public Records Act (OPRA)?

“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.” N.J.S.A. 47:1A-1.1.

In the Complainant’s written OPRA request he requests information regarding what wells are located on a certain property. The Complainant is not requesting a document that is made maintained and kept on file with the Township, but rather poses a question for the Custodian to answer. The Custodian did provide a written response to the Complainant indicating that there are no records responsive to the question posed on file with the Township, and goes on to direct the Complainant to the proper agency. As this request is a request for information and is not requesting a record made, maintained and kept on file by the Township the request is not considered a valid OPRA request pursuant to N.J.S.A. 47:1A-1 et. seq.

OPRA provides that the Council’s powers and duties include that of determining the type of complaints that are within its jurisdiction. Specifically, N.J.S.A. 47:1A-7(b) states that the GRC shall:

“receive, hear, review and adjudicate a compliant filed by any person concerning a denial of access to a government record by a records custodian…”

The Complainant is asking a question of the Custodian, therefore the Complainant is not requesting a government record pursuant to N.J.S.A. 47:1A-1 et. seq.

Pursuant to N.J.S.A. 47:1A-7(b), which delineates the Council’s powers and duties, the GRC does not have jurisdiction over requests for information.

The Executive Director respectfully recommends that the Council dismiss this case based on the following:

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

[1] As stated by the Complainant in the original OPRA request.
[2] As stated in the original OPRA request. The Denial of Access complaint states “none.”
[3] As stated by the Complainant in the original OPRA request.
[4] As stated by the Custodian