[PDF] FINAL DECISION May 23 2017 Government Records Council





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FINAL DECISION May 23 2017 Government Records Council

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New Jersey is an Equal Opportunity Employer • Printed on Recycled paper and Recyclable FINAL DECISION

May 23, 2017 Government Records Council Meeting

Jorge Nunez

Complainant

v.

City of Hackensack (Bergen)

Custodian of Record Complaint No. 2015-300

At the May 23, 2017 public meeting, the Government Records Council ("Council") considered the May 16, 2017 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. The Council, by a majority vote, adopted the entirety of said findings and recommendations. The Council, therefore, finds that:

1. Notwithstanding the Custodian's production of the requested photograph in redacted

and unredacted form, she was not obligated to provide the record pursuant to Executive Order No. 69 (Gov. Whitman, 1997) and N.J.S.A. 47:1A-9(a). See also Reitzler v. Egg Harbor Police Dep't (Atlantic), GRC Complaint No. 2011-85 (January 2013). As such, there was no unlawful denial of access. N.J.S.A. 47:1A-6.

2. Notwithstanding the Custodian's production of redacted copies of an arrest report

and investigation report, such records are exempt from disclosure as criminal investigatory records pursuant to N.J.S.A. 47:1A-1.1. The records pertain to a Code of Criminal Justice violation, thus pertaining to a criminal investigation. See North Jersey Media Group, Inc. v. Twp. of Lyndhurst, 441 N.J. Super. 70, 106 (App. Div.

2015) appeal docketed, A-35-15 North Jersey Media Group, Inc. v. Twp. of

Lyndhurst (076184). As such, there was no unlawful denial of access. N.J.S.A.

47:1A-6.

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. Proper service of submissions pursuant to any appeal is to be made to the Council in care of the Executive Director at the State of New Jersey Government Records Council, 101 South Broad

Street, PO Box 819, Trenton, NJ 08625-0819.

2

Final Decision Rendered by the

Government Records Council

On The 23

rd

Day of May, 2017

Robin Berg Tabakin, Esq., Chair

Government Records Council

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

Steven Ritardi, Esq., Secretary

Government Records Council

Decision Distribution Date: May 30, 2017

Jorge Nunez v. City of Hackensack (Bergen), 2015-300 Findings and Recommendations of the Executive Director

1

STATE OF NEW JERSEY

GOVERNMENT RECORDS COUNCIL

Findings and Recommendations of the Executive Director

May 23, 2017 Council Meeting

Jorge Nuñez1 GRC Complaint No. 2015-300

Complainant

v.

City of Hackensack (Bergen)2

Custodial Agency

Records Relevant to Complaint: Electronic copies of:

1. [AJ]

2. DUUHVWLQJRIILFHUVquotesdbs_dbs9.pdfusesText_15

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