JEFF CARTER VS. FRANKLIN FIRE DISTRICT NO. 1(GOVERNMENT RECORDS COUNCIL)Â
A-5573-14T1
| N.J. Super. Ct. App. Div. | Nov 20, 2017Background
- Carter submitted an OPRA request (Jan 21, 2011) to Franklin Fire District No. 1 seeking commissioners' annual financial disclosure statements (FDS) for 2000–2011. The District, via counsel William Cooper, denied the request on Feb 10, 2011, saying the FDS were maintained by the municipal clerk.
- Carter obtained the FDS from the municipal clerk and later made a second OPRA request to the District; those responses included a Jan 25, 2011 email (from the District admin, Carter's sister) containing some 2007 FDS the District had on file.
- Carter filed a GRC complaint alleging the District knowingly and willfully withheld records; the District filed a Statement of Information attributing delay to multiple requests, staff training absence, and referral to counsel, and denied knowing/willful violation.
- The GRC found in an interim order that the custodian violated OPRA by not timely responding and by withholding responsive FDS, ordered disclosure, and referred the question of a knowing and willful violation and counsel fees to OAL for hearing.
- At the OAL hearing, testimony and emails established the District possessed some 2007 FDS and forwarded them internally and to counsel before responding to Carter; the ALJ found the denial negligent but not knowing and willful and recommended no civil penalties, awarding attorney fees to Carter.
- The GRC adopted the ALJ's decision; Carter appealed, arguing the GRC's decision lacked evidentiary support, that the GRC improperly rejected a supplemental certification, and that counsel should face penalties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District/custodian knowingly and willfully violated OPRA by withholding FDS | Carter: emails show the District had responsive FDS before denying the request, so the denial was knowing and willful | District: delay and referral to counsel, staff absence, and lack of intent show mistake/negligence, not conscious wrongdoing | Held: No knowing and willful violation; record supports negligence but not conscious wrongdoing, so no civil penalties imposed |
| Whether the GRC improperly rejected Carter's supplemental certification before its review | Carter: GRC rejected his Aug 2012 submission and did not notify him, so it ignored material evidence | GRC: regulation/procedure precluded advance submissions for an item already scheduled for Council review; the material was nevertheless admitted at the OAL hearing | Held: No reversible error — GRC explained rejection and the same evidence was considered at the OAL hearing |
| Whether civil penalties should be imposed on District counsel (Cooper) | Carter: Cooper (and Kosensky) should be subject to civil penalties for denying access | District/Cooper: Cooper acted as counsel, not custodian; no evidence of knowing and willful withholding | Held: No penalties for counsel; counsel was not a named party and record lacks proof of conscious wrongdoing |
| Whether prevailing party relief (fees) and referral for fee determination were appropriate | Carter: entitlement to fees as prevailing party | District: did not dispute entitlement issue at initial stages | Held: GRC properly awarded attorney fees and sent amount to OAL for determination; ALJ set fees and costs accordingly |
Key Cases Cited
- Bart v. City of Paterson Hous. Auth., 403 N.J. Super. 609 (App. Div. 2008) (standard for finding knowing and willful OPRA violation requires conscious wrongdoing)
- Fielder v. Stonack, 141 N.J. 101 (1995) (discusses standards for willful misconduct)
- Carter v. Doe, 230 N.J. 258 (2017) (determinations about OPRA applicability are legal questions reviewed de novo)
- Times of Trenton Publ’g Corp. v. Lafayette Yard Cmty. Dev. Corp., 183 N.J. 519 (2005) (OPRA’s purpose and policy favoring disclosure)
- Gilleran v. Bloomfield, 227 N.J. 159 (2016) (legislative intent behind OPRA to maximize public access)
- N. Jersey Media Grp., Inc. v. State Office of the Governor, 451 N.J. Super. 282 (App. Div. 2017) (civil penalties under OPRA serve to compel compliance and punish willful withholding)