2004-80

Final Decision

At its October 14, 2004 public meeting, the Government Records Council (Council) considered the September 27, 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 on the grounds that the Government Records Council lacks jurisdiction over this matter pursuant to N.J.S.A. 47:1A-7 (g).

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 14th 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

Relevant Records Requested:Copies of any complaints that Douglas P. Mertrud or Kathy Stone Mertrud of 12 Waterloo Road made against Sigrid Veronica Furey of 10 Waterloo Road and reasons why complaints were or were not recognized by the court. 
Request Made: 5/7/2004  
Response Made: 5/12/2004
Custodian:   Roberta Sattelberger, Municipal Court Administrator
GRC Complaint Filed:  6/17/2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on June 17, 2004 pursuant to N.J.S.A. 47:1A-1 et seq. alleging that he was denied access to documents referenced above under “Relevant Records Requested.”

Public Agency’s Case Position

In response to the Complainant’s allegations, the Custodian asserts the following:

1. The Municipal Court is not included in the definition of “Public Agency” or “agency” and not subject to the provisions of N.J.S.A. 47:1A-1 et seq.
2. Judicial Record access is governed by Court Rule 1.38 and “… all court records which are required by statute or rule to be made, maintained, or kept on file by any court, office or official within the judicial branch of government shall be deemed a public record and shall be available for public inspection and copying …”

Analysis

The Complainant is seeking copies of any complaints that Douglas P. Mertrud or Kathy Stone Mertrud of 12 Waterloo Road made against Sigrid Veronica Furey of 10 Waterloo Road and reasons why complaints were or were not recognized by the court.  By letter dated May 12, 2004, the Municipal Court Administrator responded to the Complainant stating that there were no pending matters before the court concerning his request and said request was denied. 

Pursuant to N.J.S.A. 47:1A-7(g), the Government Records Council (“Council”) “shall not have jurisdiction over the Judicial or Legislative Branches of Statement Government or any agency, officer, or employee of those branches.”  The Municipal Court in the Township of Byram is part of the Judicial Branch of the State Government. 

The plain statutory language excludes judicial entities and its employees from the scope of the Open Public Records Act.  While the Municipal Court has an alternative process for regulating access to judicial records as stated in the September 16, 2004 from Municipal Court Judge Jubanowsky to the Government Records Council (“GRC”) Staff, the GRC does not have jurisdiction to regulate the Municipal Court process.  Therefore, the GRC lacks jurisdiction over this matter, and the case should be dismissed. 

Documents Reviewed

The following documents were reviewed in preparing the Findings and Recommendations for this case:

1. June 17, 2004 – Denial Of Access Complaint Form 
2. June 23, 2004 – Offer of Mediation to the Complainant and Custodian 
3. July 2, 2004 - Complainant’s Agreement to Mediate
4. July 14, 2004 – Letter response to GRC staff from Municipal Court Judge Jubanowsky
5. August 26, 2004 and September 16, 2004 – Supplemental letter response to GRC staff from Municipal Court Judge Jubanowsky

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends the Council find that the Government Records Council lacks jurisdiction over this matter pursuant to N.J.S.A. 47:1A-7 (g) and the case should be dismissed.

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

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