Final Decision
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Pat Moran,
Complainant v. Department of Environmental Protection,
Custodian of Record
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Complaint No. 2004-39
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Relevant Records Requested: Who the inspecting engineer was who signed off on the 6’-12’ stone used on the Lake Swannanoa Dam in 1997
Custodian: Daren Shaffer
Request Made: Verbal request made February 11, 2004
Response Made: Verbal response made February 11, 2004
GRC Complaint Filed: March 25, 2004
Recommendations of Executive Director
The Complainant indicates in his Denial of Access Complaint that he verbally contacted Daren Shaffer at the Department of Environmental Protection on February 11, 2004 requesting “who the inspecting engineer was who signed off on the 6’-12’ stone used on the Lake Swannanoa Dam in 1997.” The complainant indicates that he received a verbal response from the custodian that he did not have said documents.
The Custodian contends in a 3/31/04 letter to the Government Records Council Staff that the complainant did not submit a written request for the documents at issue in the complaint. The GRC Staff wrote an April 6, 2004 letter to the Complainant asking for confirmation of the written request. The Complainant responded in an April 13 letter informing the GRC that he was now making a written request. Finally, the complainant has not yet provided written verification of the request made on February 11, 2004.
The Executive Director respectfully recommends that the Council:
- Find that a written OPRA request was not made by the requestor as required in N.J.S.A. 47:1A-5(g).
- Find that the Government Records Council lacks the jurisdiction to adjudicate the complaint.
- Find that the complaint should be dismissed.
Legal Analysis
The custodian submits that they never received a written OPRA request from the requestor. The requestor has not provided a copy of the written OPRA request or specifically alleged that he filed a written OPRA request with the custodian at issue in this case. Based on the credible information received, it would be reasonable for the Council to conclude that the requestor did not submit a written OPRA request with the custodian. A denial of access complaint must be based upon a written OPRA request in order for the Council to have jurisdiction to adjudicate the complaint. In this regard, see N.J.S.A. 47:1A-5(g) which provides that, “[A] request for access to a government record shall be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian.” Therefore, provided the Council finds that the subject complaint is not based on a written OPRA request, the complaint should be dismissed.
Documents Reviewed
The following documents were reviewed in preparing the Findings and Recommendations for this case:
- March 25, 2004 – Denial of Access Complaint
- March 31, 2004 – E-mail from the Custodian to the GRC stating that the Complainant has not submitted a written request in regards to this complaint
- April 6, 2004 – Letter from the GRC to the Requestor
- April 13, 2004 – Letter from the Requestor to the GRC
________________________
Paul F. Dice
Executive Director
Government Records Council
April 19, 2004
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Findings and Recommendations of the Executive Director
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Pat Moran,
Complainant v. Department of Environmental Protection,
Custodian of Record
|
Complaint No. 2004-39
|
Relevant Records Requested: Who the inspecting engineer was who signed off on the 6'-12' stone used on the Lake Swannanoa Dam in 1997
Custodian: Daren Shaffer
Request Made: Verbal request made February 11, 2004
Response Made: Verbal response made February 11, 2004
GRC Complaint Filed: March 25, 2004
Recommendations of Executive Director
The Complainant indicates in his Denial of Access Complaint that he verbally contacted Daren Shaffer at the Department of Environmental Protection on February 11, 2004 requesting "who the inspecting engineer was who signed off on the 6'-12' stone used on the Lake Swannanoa Dam in 1997." The complainant indicates that he received a verbal response from the custodian that he did not have said documents.
The Custodian contends in a 3/31/04 letter to the Government Records Council Staff that the complainant did not submit a written request for the documents at issue in the complaint. The GRC Staff wrote an April 6, 2004 letter to the Complainant asking for confirmation of the written request. The Complainant responded in an April 13 letter informing the GRC that he was now making a written request. Finally, the complainant has not yet provided written verification of the request made on February 11, 2004.
The Executive Director respectfully recommends that the Council:
- Find that a written OPRA request was not made by the requestor as required in N.J.S.A. 47:1A-5(g).
- Find that the Government Records Council lacks the jurisdiction to adjudicate the complaint.
- Find that the complaint should be dismissed.
Legal Analysis
The custodian submits that they never received a written OPRA request from the requestor. The requestor has not provided a copy of the written OPRA request or specifically alleged that he filed a written OPRA request with the custodian at issue in this case. Based on the credible information received, it would be reasonable for the Council to conclude that the requestor did not submit a written OPRA request with the custodian. A denial of access complaint must be based upon a written OPRA request in order for the Council to have jurisdiction to adjudicate the complaint. In this regard, see N.J.S.A. 47:1A-5(g) which provides that, “[A] request for access to a government record shall be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian.” Therefore, provided the Council finds that the subject complaint is not based on a written OPRA request, the complaint should be dismissed.
Documents Reviewed
The following documents were reviewed in preparing the Findings and Recommendations for this case:
- March 25, 2004 – Denial of Access Complaint
- March 31, 2004 – E-mail from the Custodian to the GRC stating that the Complainant has not submitted a written request in regards to this complaint
- April 6, 2004 – Letter from the GRC to the Requestor
- April 13, 2004 – Letter from the Requestor to the GRC
________________________
Paul F. Dice
Executive Director
Government Records Council
April 19, 2004
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