Harry B. Scheeler, Jr. v New Jersey Department of Children and Families, Division of Child Protection and Permanency GRC2015-391

8/20/2019 Harry B. Scheeler, Jr. v New Jersey Department of Children and Families, Division of Child Protection and Permane…

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a public agency shall produce documents and ensure the attendance of witnesses with respect to thecouncil's investigation of any complaint or the holding of any hearing.” N.J.S.A. 47:1A-7(c)(emphasis

added). OPRA also provides in relevant part that “. . . [t]he public agency shall have the burden of proving that the denial of access is authorized by law. If it is determined that access has been improperly

denied, the court or agency head shall order that access be allowed . . .” N.J.S.A. 47:1A-6.

The SOI and all accompanying documentation must be submitted to the GRC no later than five (5)business days from receipt of this letter. A lack of response from you may result in the GRC

adjudicating the matter based only on information submitted in the Complaint by the requestor of

the records.

Please note that by signing this SOI, you are certifying that you are mailing the SOI to the GRC and to

the requestor of the records simultaneously. Additionally, all correspondence you provide to the

GRC must also be provided to the requestor of the records.

Please forward your submissions to:

Government Records Council

In Care of Samuel A. Rosado, Esq.101 South Broad StreetPO Box 819Trenton, New Jersey 08625-0819

Alternately, you may submit your SOI via:Fax: (609) 633-6337E-mail: [email protected]

If you have any questions regarding this matter, please contact the Case Manager at the telephone number

or e-mail address listed below.

Sincerely,

Samuel A. Rosado, Esq.Staff Attorney

(609) 292-7932

Enclosure

cc: Harry B. Scheeler, Jr., Complainant [VIA E-MAIL]


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Custodian Statement of InformationHarry B. Scheeler, Jr. v. NJ Dep’t of Children & Families, Div. of Child Protection and Permanency

GRC Complaint No. 2015-391

Statement of Information Page 1

State of New Jersey

Government Records Council

Statement of Information Form

This form is to be used by Records Custodians as their response to a complaint filed with

the Government Records Council (“GRC”) alleging the unlawful denial of a request toaccess government records under the Open Public Records Act (“OPRA”), N.J.S.A.

47:1A-1, et seq.

An offer to mediate this complaint has been denied by one or more of the parties, ormediation has not resolved the complaint, and the matter is now within the GRC’s

jurisdiction. The GRC will conduct an investigation as part of the adjudication of the

matter. The Custodian or the Custodian’s Legal Counsel may complete the Statement ofInformation. However, the Records Custodian (or alleged Records Custodian) must sign

the Statement of Information. The GRC will also consider any legal briefs, additional

documentation or information submitted with the Statement of Information.

The signed Statement of Information must be returned to:

Government Records CouncilIn care of Samuel A. Rosado, Esq.

101 South Broad Street

P.O. Box 819Trenton, NJ 08625-0819

Phone: (609) 292-7932

Fax: (609) 633-6337E-mail: [email protected]

The Statement of Information must be received no later than five (5) business daysfrom your receipt of this form. Failure to comply with this deadline may result in the

GRC adjudicating this complaint based only on the information submitted in the Denial

of Access Complaint by the requestor of the records.

Please note that by signing the Statement of Information, the Custodian (or alleged

Custodian) is certifying that a copy will be provided to the Complainant

simultaneously with it being provided to the GRC.

IMPORTANT: Do not provide any records or excerpts of records that the Custodian

claims is privileged or not accessible to the public under OPRA. A general description ofthe records’ content will be sufficient.

DEFINITIONS: “Records request” or “request” refers to the formal OPRA

request on which the complaint is based; “Requestor” or “Complainant” refersto the person who made the request on which this complaint is based;

“Agency” refers to the public agency or subdivision of that agency to which

the records request was directed; and “Records Custodian” or “Custodian”refers to the individual charged by the agency with the responsibility for

fulfilling the request for records on which this complaint is based.


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PART 1: CONTACT INFORMATION

1. GRC Complaint Number: ____________________________________

2. Name of Complainant: ____________________________________

3. Name of (Alleged) Custodian: ____________________________________

Job Title of (Alleged) Custodian: ____________________________________

4. Custodian’s Public Agency: ____________________________________

Address: ________________________________________________

________________________________________________

________________________________________________

Phone: ________________________________________________

Fax: ________________________________________________

E-mail: ________________________________________________

5. Name of Custodian’s Legal Counsel: ____________________________________

Address: ________________________________________________

________________________________________________

________________________________________________

Phone: ________________________________________________

Fax: ________________________________________________

E-mail: ________________________________________________


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PART 2: ABOUT THE DENIAL OF ACCESS COMPLAINT

6. Attach a copy of the OPRA records request upon which this Complaint is based.Please mark this attachment “Item 6.”

7.

Indicate the date on which the Custodian received the OPRA records request uponwhich this complaint is based. (If the Custodian did not receive an OPRA records

request, simply indicate “None received.”)

________________________________________________________________________

8. Indicate the date on which the Custodian responded to the OPRA records request

upon which this complaint is based. Provide all written documentation supporting theCustodian’s response. If you use additional pages to respond, please mark each page

“Item 8.” (If the Custodian did not respond to the OPRA records request, simply

indicate “No response was given.”)

________________________________________________________________________

9. In keeping with the GRC’s statutory mandate to investigate alleged denial of accesscomplaints pursuant to N.J.S.A. 47:1A-7.e. and the court’s instruction that all

Custodians responding to denial of access complaints provide a document index

containing certain information to the GRC pursuant to its decision in John Paff v. N.J.Dep’t of Labor, 392 N.J. Super. 334 (App. Div. 2007), the Custodian must provide

the document index table below. The document index table is required in the table

format presented below. Please mark the table “Item 9.”

An example of the required document index in table format is as follows:

(A)List of all

records

responsive to

Complainant’sOPRA request

(include the

number of

pages for each

record).

(B)List the Records

Retention

Requirement and

DispositionSchedule for each

records responsive

to the

Complainant’s

OPRA request

(C)List of all records

provided to

Complainant, in

their entirety

or with redactions(include the date

such records were

provided).

(D)If records were

disclosed with

redactions, give

a general naturedescription of

the redactions.

(E)If records

were denied

in their

entirety, givea general

nature

description of

the record.

(F)List the legal

explanation and

statutory citation

for the denial ofaccess to records

in their entirety

or with

redactions.

Example:Closed sessionminutes for theMay 15, 2006Council Meeting

Must be retained byagency permanently.

Disposition

Schedule:May be archived

only (destructionnot allowed)

Closed sessionminutes providedwith redactions onJune 20, 2007 (3

business days afterreceiving the

OPRA request).

Redactions weremade only todelete the

discussion of theCouncil members

regarding the

personnel matterof Jane Doe.

N/A N.J.S.A. 47:1A-9.a. (allowsexemptions from

disclosurecontained in other

state statutes to

apply underOPRA)

and N.J.S.A.

10:4-12 (allows


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governing bodiesto exclude the public fromdiscussions of

personnelmatters).

For more clarification of the information required in the document index in table format:

A. An itemized list of all records responsive to the Complainant’s OPRA request that

were made, maintained, kept on file or received by your agency on the date of the

request, regardless of whether you deem such records are exempt from disclosure.

B. State the agency’s Records Retention Period (in years) and Destruction Schedule

(in years) for each record responsive to the request as established and approved bythe New Jersey Department of Treasury, Records Management Services.

C.

Of the records responsive to the request, indicate which records, if any, were provided to the Complainant, in their entirety or with redactions, and the datessuch records were provided.

D. Of the records responsive to the request and provided to the Complainant withredactions, give a general nature description of the redactions.

E. Of the records responsive to the request, and not provided to the Complainant intheir entirety, give a general nature description of the record.

F. Specifically state the legal explanation and statutory citation (to OPRA or other

law that applies) for such denial based on a public agency’s burden of provingthat all denials of access are authorized by law pursuant to N.J.S.A. 47:1A-6 and

the court’s instruction to provide same in John Paff v. N.J. Dep’t of Labor,

392 N.J. Super. 334 (App. Div. 2007).

10. Specifically describe the search undertaken to satisfy the records request upon

which this complaint is based.

11. Specifically state the last date on which documents that may have been responsive

to the request were destroyed in accordance with the Records Destruction Schedule

established and approved by New Jersey Department of Treasury, Records

Management Services.

12. Provide all facts and legal arguments in support of the Custodian’s actions withregard to the handling of the OPRA records request upon which this complaint is

based on an attached written statement marked “Item 12.”

_______________________________________________________________________


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If the Custodian fails to complete this form completely and accurately (responding to each numbereditem specifically as directed and providing a document index in table format), this form will be

returned to the Custodian for proper completion thus prolonging the adjudication of the complaint.

By signing this Statement of Information, I certify that:

I am the Custodian charged by the public agency with the responsibility for

responding to the request for records on which this complaint is based; or

I am the alleged Custodian of an organization I do not believe to be a public

agency obliged under the provisions of OPRA;

The documents attached hereto are true copies of all documents sent or received

by the Custodian or the Custodian’s staff (records the custodian claims are

privileged or not accessible to the public under OPRA are not included);

A copy of this Statement of Information will be provided to the Complainant

simultaneously with it being provided to the GRC; and

Th f i t t t d b t I th t if f th

Documents

Harry B. Scheeler, Jr. v New Jersey Department of Children and Families, Division of Child Protection and Permanency GRC2015-391