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2004-78

- Final Decision
- Findings and Recommendations of the Executive Director

Final Decision

Michael Bent,
   Complainant
      v.
Stafford Township Police Department,
  Custodian of Record
Complaint No. 2004-78

At its October 14, 2004 public meeting, the Government Records Council (Council) considered the October 6, 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 complaint finding that:

  1. The Complainant’s May 3, 2004 correspondence to the Custodian was an Open Public Records Act request pursuant to N.J.S.A. 47:1A-1 et seq. 
  2. The Complainant’s request was for information, opinions and interpretations that do not meet the definition of a government record; therefore, a denial of access has not occurred.
  3. N.J.S.A. 47:1A-1 et seq. does not specify the type of records required to be “…made, maintained or kept on file…” with a public agency. 

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 20th Day of October, 2004

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

Michael Bent                                              GRC Complaint No. 2004-78 
Complainant
v.
Stafford Township Police Department
Custodian of Records

Relevant Records Requested:

  1. SPD Chief Parker memos of meetings with IRS Agents
    1. SPD Chief Parker memos of meetings with SPD Staff
    2. SPD Chief Parker memos of meetings with Mayor Black
    3. SPD Chief Parker memos of meetings with Sources (i.e. W. Bell, F. Coates, A. Schults, Watson)
  2. Copy of contact memos, chain of custody for items removed or turned over to third parties of signed Grand Jury reports and recommendations.
  3. SPD Chrono of investigative conduct of contacts “confusion makes money”

Request Made:  May 3, 2004
Response Made: No response
Custodian:   Bernadette Park
GRC Complaint Filed:   June 16, 2004

Background
Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council (“Council”) on June 16, 2004 pursuant to N.J.S.A. 47:1A-1 et. seq. alleging that the Custodian did not respond to his request and that the Custodian withheld records contained in the file without explanation. 

The Complainant states that the Custodian has denied the existence of records that he knows to exist through Internal Revenue Services (“IRS”) files.  The Complainant additionally refers to his previous complaint heard before the Council and states that the Stafford Township Police Department also previously denied the existence of records in their file.  The Complainant refers to his inquiries with the IRS as the records having originated from the Stafford Township Police Department.  The Complainant argues that the Custodian should have all the requested records on file.

The Complainant stated that his request seeking the records in the complete files against him have not been provided and no reason for the denial of access was given. 

Public Agency’s Case Position

In response to the Complainant’s allegations, the Custodian contends that the Complainant did not file a written OPRA request on May 3, 2004. The Custodian asserts that the May 3, 2004 request is not a request for records, but rather a request for interpretations and opinions. 

The Custodian’s counsel claims that the Complainant filed an OPRA request on March 23, 2004 and was provided a response on March 30, 2004.  The Custodian’s counsel further contends that the Complainant was either given the records requested, are not in possession with the Township or do not exist. 

The Custodian certifies that the entire file in existence with the Township referred to as 92-72 and 93-1090 were provided to the Complainant. 

Analysis

The following corresponds directly with the “Conclusion and Recommendations of the Executive Director” listed below.

The Complainant’s May 3, 2004 correspondence to the Custodian was not a request for records and further did not seek any of the records at issue in this complaint.  The correspondence provided was a complaint regarding records, in which the Complainant sought opinions from the Custodian. 

  1. N.J.S.A. 47:1A-1.1 provides that a government record is defined 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 device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business…” The Complainant filed a written request with the Stafford Township Police Department on May 3, 2004; however, he was not seeking information, opinions and interpretations.  The Complainant’s request did not meet the definition of a government record; therefore, a denial of access has not occurred. N.J.S.A. 47:1A-1.
  2. The Complainant continually argues that the Custodian should have specific documents on file as determined by outside sources such as the IRS and the federal government.  OPRA, however, does not address what records are required by law or regulation to be “…made, maintained and kept on file…” N.J.S.A. 47:1A – 1.1.

Documents Reviewed

The following records were reviewed in preparation for this “Findings and Recommendations of the Executive Director”

  1. May 3, 2004 – Complainant’s correspondence to Custodian regarding specific files.
  2. June 16, 2004 – Complainant’s Denial of Access Complaint form with attachments.
  3. June 16, 2004 – Complainant’s letter to Council staff with attachments
  4. June 21, 2004 – Complainant’s correspondence to Council staff with supplemental information
  5. June 23 2004 – Council’s Offer of Mediation to Custodian and Complainant
  6. June 24, 2004 – Custodian’s counsel’s letter of representation
  7. June 25, 2004 – Complainant’s Agreement to Mediate
  8. June 28, 2004 - Complainant’s correspondence to Council staff with supplemental information
  9. July 6, 2004 – Council’s request for Statement of Information
  10. July 6, 2004 - Complainant’s correspondence to Council staff with supplemental information
  11. July 8, 2004 – Council’s staff’s letter to Complainant seeking original OPRA request. 
  12. July 13, 2004 – Custodian’s Statement of Information
  13. July 14, 2004 - Complainant’s correspondence to Council staff with supplemental information
  14. July 19, 2004 - Complainant’s correspondence to Council staff with supplemental information
  15. July 21, 2004  - Complainant’s correspondence to Council staff with supplemental information
  16. July 22, 2004 - Complainant’s correspondence to Council staff with supplemental information

  17. July 23, 2004 - Complainant’s correspondence to Council staff with supplemental information
  18. July 27, 2004 - Complainant’s correspondence to Council staff with supplemental information
  19. August 31, 2004 - Complainant’s correspondence to Council staff with supplemental information
  20. September 7, 2004 – Custodian’s certification to have given all existing records to Complainant
  21. October 4, 2004 - Complainant’s correspondence to Council staff with supplemental information

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council find that:

  1. The Complainant’s May 3, 2004 correspondence to the Custodian was an Open Public Records Act request pursuant to N.J.S.A. 47:1A-1 et seq. 
  2. The Complainant’s request was for information, opinions and interpretations that do not meet the definition of a government record; therefore, a denial of access has not occurred. N.J.S.A. 47:1A-1 et seq.
  3. N.J.S.A. 47:1A-1 et seq does not specify the type of records required to be “…made, maintained or kept on file…” with a public agency. 

  4. Based upon items 1-3 directly above, the Council should dismiss the complaint. 

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

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