2004-48

Final Decision

At its May 13, 2004 public meeting, the Government Records Council (Council) considered the May 1, 2004 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 on the basis of:

1. The Complainant’s request met the requirements of an OPRA request and should be considered a valid OPRA request pursuant to N.J.S.A. 47:1A-5 (g).
2. Executive Order #18 governs the disclosure of the requested vital records in this case and therefore said documents are exempt from public access under N.J.S.A. 47:1A-1.
3. N.J.S.A. 47:1A-1 and N.J.S.A. 47:1A-9 does not abrogate any exemption of a government record made pursuant to an executive order.

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 13th Day of May, 2004

Vincent P. Maltese, Chairman
Government Records Council

I attest the foregoing is a true and accurate record of the Government Records Council.

Virginia Hook, Secretary
Government Records Council

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Findings and Recommendations of the Executive Director

Relevant Records Requested: Requested Death Certificates of his Great-Aunt and Great-Aunt’s Daughter  
Request Made: January 9, 2004
Response Made: January 26, 2004
Custodian:   Joseph Komosinski
GRC Complaint filed: March 29, 2004

Executive Director’s Findings and Recommendation

The Complainant requested the death certificate of his great-aunt and great-aunt’s daughter from the Department of Health.  In this request on January 9, 2004, the Complainant claims that the two requests do not require the mother and father’s names for proper identification of the record and that the letter submitted should be considered an OPRA request.  

The Department of Health denied this request on January 26, 2004.  In its Statement of Information, the Department of Health contends that pursuant to Executive Order 18, the Complainant is not eligible to receive a certified copy but may receive a certification provided that he meets the requirements of the vital statistics application.   The Custodian claims that the Complainant was unable to meet requirements of the Vital Statistics application since he did not register the names of the parents on the request. 

Additionally, the Custodian contends that Executive Order #18 governs the issuance of copies of vital records and as such the request was not an OPRA request.

The Executive Director respectfully recommends the Council find that:

1. The Complainant’s request met the requirements of an OPRA request and should be considered a valid OPRA request pursuant to N.J.S.A. 47:1A-5 (g).
2. Executive Order #18 governs the disclosure of the requested vital records in this case and therefore said documents are exempt from public access under N.J.S.A. 47:1A-1.
3. N.J.S.A. 47:1A-1 and N.J.S.A. 47:1A-9 does not abrogate any exemption of a government record made pursuant to an executive order.
4. The case should be dismissed.

Legal Analysis

The Complainant requested the death certificates of relatives.  Mr. Gross submitted a letter stipulating that he was making an OPRA request to the Department of Health and provided the records using the vital statistics application form.  The Complainant’s request was denied because it failed to provide sufficient information specifically, the application required the names of both parents of the deceased.    In addition, the Custodian certifies that the request could not be processed due to the guidelines established through Executive Order #18. 

The Custodian asserts that Executive Order #18 controls the public’s right to access vital statistics records sought in this case.  In the Order, two sections specifically draw on the Custodian’s reasons for denying the Complainant access to this information.  They include the following:

1. A state or local Registrar may issue a certified copy of a vital record only to persons who establish themselves as the subject of the vital record, the subject’s parent, spouse, child, grandchild or sibling, if of legal age, to a State or federal agency for official purposes, pursuant to court order or under other emergent circumstances as determined by the Commissioner.
2. Certifications may be issued in other circumstances and shall state that they are for informational purposes only, and are not to be used for identification or legal purposes. 

In addition, the Custodian contends that since this information was established under Executive Order #18, it should not be considered an OPRA request.  Pursuant to N.J.S.A. 47:1A-5(g), the request for death certificates meets the requirements of an OPRA request.

Briefly, the law reads 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.  

Although the Complainant’s request was an official OPRA request, Executive Order #18 supersedes OPRA pursuant to N.J.S.A. 47:1A-1 (as stated below) and N.J.S.A. 47:1A-9 “other laws, regulations, privileges unaffected”.

All government records shall be subject to public access unless exempt from such access by: P.L. 1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented; any other statute; resolution of either or both houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law, federal regulation, or federal order.   

Therefore, pursuant to N.J.S.A. 47:1A-1 and N.J.S.A. 47:1A-9, the Custodian acted properly in denying access to the Complainant.

Documents Reviewed

• March 29, 2004 – Denial of Access filed with GRC along with supplemental and attachments
• April 1, 2004 – Mediation forms sent to Complainant and Custodian
• April 22, 2004 – Statement of Information sent to Custodian
• April 29, 2004 – Statement of Information submitted to GRC along with attachments

Paul F. Dice
Executive Director
Government Records Council

May 1, 2004

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