2005-142

Final Decision

At its November 10, 2005 public meeting, the Government Records Council ("Council") considered the October 21, 2005 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, finds that pursuant to N.J.S.A. 47:1A-5.g. an unlawful denial of access cannot be substantiated without proof of the OPRA request that is the subject in this complaint, therefore this case is dismissed.

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 10^th Day of November, 2005

Vincent P. Maltese, Chairman
Government Records Council

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

DeAnna Minus-Vincent, Secretary
Government Records Council

Decision Distribution Date: November 22, 2005

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Findings and Recommendations of the Executive Director

Records Requested:

1. Medical records for Eric Wiggins from South Woods State Prison.

Request Made: March 2004 and February 2005
Response Made: None
Custodian: Susan L. Gross
GRC Complaint filed: July 15, 2005

Background

July 15, 2005

Denial of Access filed with the Government Records Council (GRC) staff. The Complainant states that in February 2004 he was sentenced to South Woods State Prison and received medical care in March 2004. The Complainant claims that he requested his medical records and did not receive any response from the Custodian.

August 3, 2005

Offer of Mediation sent to both parties.

August 15, 2005

Government Records Council (GRC) staff sends request for Statement of Information to Custodian

August 19, 2005

Custodian's Statement of Information with the following attachments:

• Certification of Custodian dated August 11, 2005
• Certification of Sgt. Orlando Echevarria dated August 11, 2005

The Custodian certifies that she is the Records Custodian and has conducted an in depth search for an OPRA request submitted by the Complainant.  Further, the Custodian certifies that no such request was received.  The Custodian also states that a process exists in which inmates can obtain copies of their medical records and these requests are not handled as OPRA requests.

Sgt. Orlando Echevarria certifies that he is employed as a Corrections Sergeant with the Atlantic County Department of Public Safety and is responsible for handling all requests for inmate records.  Mr. Echevarria further certifies that following an in depth search, no records request submitted by the Complainant was received by his office. 

September 1, 2005

Complainant's written declination of mediation.[1]

September 30, 2005

Letter from GRC staff to Complainant.  Staff requests a copy of the Complainant's alleged OPRA request.

October 3, 2005

Letter from Complainant to GRC staff.  Complainant states that he does not have copies of his OPRA requests. 

Analysis

WHETHER the Custodian unlawfully denied access to the alleged March 2004 and February 2005 OPRA requests?

N.J.S.A. 47:1A-5.g. 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..."(Emphasis added)

The Custodian certifies that she never received the Complainant's OPRA requests allegedly submitted in March 2004 and February 2005. Further, Sgt. Orlando Echevarria also certifies never receiving any request for medical records from the Complainant. The Complainant states that he was not given copies of his requests for records.

Therefore, pursuant to N.J.S.A. 47:1A-5.g., an unlawful denial of access cannot be substantiated without proof of the OPRA request that is subject in this complaint, therefore this case should be dismissed.

Conclusions and Recommendations

The Executive Director respectfully recommends that the Council find:

1.  Pursuant to N.J.S.A. 47:1A-5.g., an unlawful denial of access cannot be substantiated without proof of the OPRA request that is subject in this complaint, therefore this case should be dismissed.

Prepared By: Dara Lownie, Case Manager

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

October 21, 2005

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