In a recent decision, the GRC reaffirmed its position that OPRA’s penalties are imposed upon the person  who knowingly violated the statute, rather than the public body employing that person. Doss v. Boro of Bogota, No. 2013-315/2014-152 (June 27, 2017).

The Doss case shows how strictly the GRC applies this concept. The GRC had sent the case to the OAL for a determination of whether the custodian or any other Boro employee had knowingly and willfully violated OPRA. At the OAL proceeding, the Boro stipulated that, through the prior Administrator, the Boro had knowingly and willfully denied access to the requested records, and agreed to pay the $1000 penalty. Based on this, the ALJ said that the case was resolved. However, the GRC disagreed, and it remanded the matter back to the OAL for a determination of whether any specific individuals had intentionally violated OPRA.

The GRC’s decision was based on the rationale that an OPRA penalty is personal, and is imposed solely on the individual who committed the violation. The GRC said that in this case, there was no evidence that the prior Boro Administrator had authorized the Boro to stipulate that he had knowingly committed a violation.

The GRC did not indicate that a public body is prohibited from paying the fine on behalf of the guilty employee. Nevertheless, despite the Boro’s conceding that it had violated OPRA, through the actions of its former employee, and despite the Boro’s payment of the penalty for a violation, the GRC determined that the case was not resolved.