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2004-81

- Final Decision
- Findings and Recommendations of the Executive Director

Final Decision

DeWarren Hines,
   Complainant
      v.
New Jersey Department of Corrections,
   Custodian of Record

Complaint No. 2004-81

 

At its August 12, 2004 public meeting, the Government Records Council (Council) considered the August 3, 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 the Custodian’s certification that states the records responsive to the request no longer exist pursuant to the retention schedule of the Department of Corrections.

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 12th Day of August, 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

DeWarren Hines                                               GRC Complaint No. 2004-81 
Complainant 
v.
New Jersey Department of Corrections
Custodian of Records

Relevant Records Requested: 

  1. Records from an adjudication of an institutional infraction from April 26, 1979

Request Made:    6/9/2004
Response Made: 6/16/2004
Custodian:   New Jersey Department of Corrections
GRC Complaint Filed:  6/22/2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on June 9, 2004 pursuant to N.J.S.A. 47:1A-1.1 et. seq. alleging that he is being denied access to his personal records from a 1979 disciplinary adjudication.

Public Agency’s Case Position

In response to the Complainant’s allegations, the Custodian legally certified that in accordance with the Department of Corrections retention schedule the records responsive to this request no longer exist.

Analysis

The following corresponds directly with the “Findings and Recommendations of the Executive Director” listed below:

Pursuant to N.J.S.A. 47:1A-1.1 a government record is information stored or maintained on file. The Custodian has legally certified that the records responsive to the request are on a ten-year retention schedule. The Custodian has also legally certified that the requested records concerning a 1979 disciplinary adjudication no longer exist as they have been destroyed in accordance with the retention schedule of the Department of Corrections. The Custodian further certified she sent a June 16, 2004 letter to the Complainant stating this information.

Documents Reviewed

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

  1. June 22, 2004 – Denial Of Access Complaint Form
  2. June 30, 2004 – Statement of Information
    1. June 16, 2004 – Response to the Complainant
    2. July 6, 2004 – Corrected Statement of Information
  3. July 7, 2004 – Custodian’s legal certification
  4. July 28, 2004 – Supplemental legal certification

Conclusions and Recommendation of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case on the basis of the Custodian’s certification that states the records responsive to the request no longer exist pursuant to the retention schedule of the Department of Corrections.

Prepared By:
Approved By: 
August 3, 2004

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