2005-22

Final Decision

At its May 12, 2005 public meeting, the Government Records Council (Council) considered the May 6, 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, dismissed the case on the basis of:   

1. The Complainant’s statement that the information she requested was received from the Township Clerk’s office.
2. The Government Records Council does not have jurisdiction over whether Commissioner Kathleen Hogan should pay back the tax payers of Haddon Township $102.00 for a book sent to her house, or a $5.00 postage charge.

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 12^th Day of May, 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:  May 18, 2005

Return to Top

Findings and Recommendations of the Executive Director

Records Requested:

1. Copy of documents for check # 11041 dated 5/11/04
2. Copy of documents for check # 11148 dated 5/24/04
3. Copy of documents for check # 12066 dated 9/28/04
4. Copy of documents for check #12509 dated 12/7/04
5. Copy of documents for check # 11897 dated 9/9/04

Request Made: 1/13/05
Response Made: 1/13/05     
Custodian: Denise Adams
GRC Complaint filed: 2/3/2004

Background

January 21, 2005
The Complainant sent an e-mail to Commissioner Kathleen Hogan regarding the reimbursement of a book sent to the Commissioner’s house.

January 24, 2005
An e-mail was sent from Kathleen Hogan to the Complainant, which stated that there is no such policy saying that taxpayers do not pay for materials that are going to be used at a home location.

February 3, 2005
The Complainant sent a Denial of Access Complaint to the Government Records Council (GRC), which stated that she received the information she requested from the Township Clerk’s office. She also stated that she sent an e-mail to Commissioner Kathleen Hogan regarding the reimbursement for $107.00 for New Jersey Statute Title 40 and 40A ordered from Gann Law Books and shipped directly to Commissioner Hogan’s home.    

February 9, 2005
Mediation was offered to both parties.

Analysis

Whether the Complainant has been unlawfully denied access to Government Records?

The Open Public Records Act (OPRA) provides that “ …government records shall be readily accessible for inspection, copying, or examination by the citizens of this state, with certain exceptions…” N.J.S.A. 47:1A-1. OPRA defines a “government record” in N.J.S.A. 47:1A-1.1 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 devise, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.”

In the Complainant’s Denial of Access Complaint, (DOAC) she stated that the information she requested was received from the Township Clerk’s office.

Also, in the DOAC, the Complainant stated that she believes Commissioner Kathleen Hogan should pay back the taxpayers of Haddon Township $102.00 for a book sent to her house, as well as the $5.00 postage.

Since the Complainant admits having the government records she requested, we must conclude that there has been no unlawful denial of access by the Custodian.

Whether the Government Records Council has jurisdiction over Commissioner Kathleen Hogan paying back the taxpayers of Haddon Township $102.00 for a book sent to her house as well as the $5.00 postage.

N.J.S.A. 47:1A-7(b) states that the Government Records Council shall:

…receive, hear, review and adjudicate a complaint filed by any person concerning a denial of access to a government record which is accessible to the public…

Based on the above, the Government Records Council does not have jurisdiction over whether Commissioner Kathleen Hogan should pay back the taxpayers of Haddon Township $102.00 for a book sent to her house, as well as the $5.00 postage.

Conclusions and Recommendations

The Executive Director respectfully recommends that the Council dismiss the case on the basis that:

1. The Complainant stated that the information she requested was received from the Township Clerk’s office.
2. The Government Records Council does not have jurisdiction over whether Commissioner Kathleen Hogan should pay back the tax payers of Haddon Township $102.00 for a book sent to her house, as well as the $5.00 postage.

Prepared By:  Chris Malloy, Case Manager

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

May 6, 2005

Return to Top