Summaries of GRC Decisions, February 2016 Meeting

This blog regularly summarizes the final decisions issued by the GRC at its meetings. The following are the final decisions issued at the GRC’s most recent meeting. For summaries of decisions from prior meetings, see here.

Shapiro v. City of Newark–The City correctly denied the request as invalid because it sought all documents concerning several topics. Although City employees failed to timely forward the OPRA request to the custodian, the evidence did not show who was at fault.

Garcia v. NJ Public Defender–The request was properly denied because it asked for Public Defender case file records, which are exempt.

Spillane v. NJDOC–The request was correctly denied because the records are exempt under regulations of the NJDOC.

Avila v. NJ Parole Bd.–Records related to executive clemency petitions are exempt under Executive Order 9 (1963).

Avila v. NJDOC–The request was properly denied because the agency had no responsive records.

Muata v. NJ Div. on Civil Rights–The request was properly denied because the agency had no responsive records.

Rodriguez v. Kean U.–The custodian violated OPRA by not immediately responding to the portion of the request seeking vouchers and invoices; the first response to the request came on the 8th business day after receipt. However, there was no knowing and willful violation, or denial of access, because the records were eventually provided.

Scheeler v. NJ DOE–The complaint was dismissed because it was filed before expiration of the extension period for responding to the request.

Rizzo v. Middlesex Prosecutor–The requested records were exempt criminal investigatory records. In addition, the agency’s mistaken previous disclosure of these records, during an inspection, did not preclude the subsequent denial of access on the basis that these records are exempt.

Drukerhoff v. NJ Parole Bd.–The request was properly denied because parole hearing records are exempt.

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