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State ~f New JerseyCHRIS CHRISI'IE OFFICE OF THE ATTORNEY
GENERAL
Gouerri,or' DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OI' LAW
KIM GUADAGNO 25 MARI{ET STREETI t. Gouerr~or PO Box 114
Trt~NTON, NJ 08625-0114
March 19, 2014
VIA OVERNIGHT DELIVERY and EMAILGovernment Records CouncilIn
Care of Robert T. Sharkey, Esq.101 South Broad StreetP.O. Box
819Trenton, New Jersey 08625-0819
Re: Harry B. Scheeler,CommissionGRC Complaint No.
Dear Mr. Sharkey:
On behalf of the New(the "Commission"), enclosedStatement of
Information for the
Encl.
Jr. v. NJ Motor Vehicle
2014-75
eIOHN J. HOFFMANActing Attorney General
cT~FI'REY S. eTACOBSONDirector
Jersey Motor Vehicle Commissionplease find the
Commission'sabove-captioned matter.
Respectfully submitted,
JOHN J. HOFFMANACTING ATTORNEY GENERAL OF NEW JERSEY
By: ~.
Valentina M. DiPippoDeputy Attorney General
Cc (with enclosures): Harry B. Scheeler, Jr., 201 WebsterStreet,
Apt B-7, V~Toodbine, NJ 08270 via overnight delivery andemail
HuGxEs JUSTicE CoMPLEx TEr,~PxorrE: (609) 292-4254 Fnx: (609)
292-5649New Jersey Is Arti Equal Opportunity Employer Prirtited on
Recycled Paper and Recyclable
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Custodian Statement of Information Scheeler v. MVC GRC Complaint
No. 2014-75
State of New JerseyGovernment Records CouncilStatement of
Information Form
This form is to be used by Records Custodians as their response
to a complaint filed withthe 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'sjurisdiction. The GRC will
conduct an investigation as part of the adjudication of thematter.
The Custodian or the Custodian's Legal Counsel may complete the
Statement ofInformation. However, the Records Custodian (or alleged
Records Custodian) must signthe Statement of Information. The GRC
will also consider any legal briefs, additionaldocumentation or
information submitted with the Statement of Information.
The signed Statement of Information must be returned to:
Government Records CouncilIn care of [Robert T. Sharkey]
101 South Broad StreetP.O. Box 819
Trenton, NJ 08625-0819Phone: (609) [984-2105]Fax: (609)
633-6337
E-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 theGRC adjudicating this complaint
based only on the information submitted in the Denialof Access
Complaint by the requestor of the records.
Please note that by signing the Statement of Information, the
Custodian (or allegedCustodian) is certifying that a copy will be
provided to the Complainantsimultaneously with it being provided to
the GRC.
IMPORTANT: Do not provide any records or excerpts of records
that the Custodianclaims 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
OPRArequest 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 whichthe records request was
directed; and "Records Custodian" or "Custodian"refers to the
individual charged by the agency with the responsibility
forfulfilling the request for records on which this complaint is
based.
Statement of Information Page 1
-
Custodian Statement of Information Scheeler v. MVC GRC Complaint
No. 2014-75
PART 1: CONTACT INFORMATION
1. GRC Complaint Number:
2. Name of Complaint:
3. Name of (Alleged) Custodian:
Job Title of Custodian:
4. Custodian's Public Agency:
Address:
2014-75
Scheeler v. MVC
Joseph F. Bruno
Administrative Analyst
New Jersey Motor VehicleCommission
225 E. State Street
9`~' Floor, East Wing
Trenton, NJ 08666-0162
Phone: 609-777-1407
Fax: 609-984-1528
E-mail: [email protected]
5. Name of Custodian's Legal Counsel: Valentina DiPippo, DAG
R.J. Hughes Justice ComplexAddress: P.O. Box 114
25 Market Street, 8th floor, P.O. Box 114
Trenton, NJ 08625-0114
Phone: 609-292-4254
Fax: 609-292-5649
E-mail: [email protected]
Statement of Information Page 2
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Custodian Statement of Information Scheeler v. MVC GRC Complaint
No. 2014-75
5. 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 recordsrequest, simply indicate
"None received.")
January 31, 2014
8. Indicate the date on which the Custodian responded to the
OPRA records requestupon 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,
simplyindicate "No response was given.")
February 1l, 2014
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 allCustodians responding to denial
of access complaints provide a document indexcontaining certain
information to the GRC pursuant to its decision in John Paff v.
NJDe artment of Labor, 392 N.J. Super. 334 (App.Div. 2007), the
Custodian mustprovide the document index table below. The document
index table is required inthe tAhle format presented below. Please
mark the table "Item 9."
An exam~~le of the required document index in table format is as
follows:
~A) ~B)~C)- ---
~D) ~E) ~F) 1List of all List the Records List of all records If
records were If records List the legalrecords Retention provided to
disclosed with were denied explanation and
responsive to Requirement and Complainant, in redactions, give
in their statutory citationComplainant's Disposition their entirety
or a general nature entirety, give for the denial ofOPRA request
Schedule for each ~~ith redactions description of a general access
to records(include the records responsive (include the date the
redactions. nature in their entirenumber of to the such records
were description of or with
pages for each Complainant's provided). the record.
redactions.record . OPRA re uest
1.List of all DMV 3 years for items 1. List of all DMV Requestor
sought Employee N.J.S.A. 47:1A-1.1 et seq.employees at 1 year for
item 2. employees at Egg names of manual -
Egg Harbor Twp No responsive Harbor Twp employees
procedural/location. 2. record information location. Employee
operationalEmployee foc item 3. Items 4 schedule forschedule
for
5, & 6 are subject January 31, 2014January 31, DMV policy
can2014. to periodic change. registration3. MVC policy discounts.
DMVwhich permits procedure for
Statement of Information Page 3
-
Custodian Stltement of Information Scheeler v. MVC GRC Complaint
No. 2014-75
employees to processingrefuse to give full registrationname to
public. discounts for SSI,4. DMV policyon registration
lifeline, PADDrecipients
discounts.5. DMVprocedure forprocessingregistrationdiscounts
forSSI, lifeline,PADD recipients.6. DMV employeemanual
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 thatwere made, maintained, kept on file
or received by your agency on the date of therequest, 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, wereprovided 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 otherlaw 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 andthe court's
instruction to provide same in John Paff v. NJ Department of
Labor,392 N.J. Super. 334 (App.Div. 2007).
10. Specifically describe the search undertaken to satisfy the
records request uponwhich this complaint is based.
11. Specifically state the last date on which documents that may
have been responsiveto the request were destroyed in accordance
with the Records Destruction Scheduleestablished and approved by
New Jersey Department of Treasury, RecordsManagement Services.
Statement of Information Page 4
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Custodian Statement of Information Scheeler v. MVC GRC Complaint
No. 2014-75
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 isbased on an attached written
statement marked "Item 12."
If the Custodian fails to complete this form completely and
accurately (responding toeach numbered item specifically as
directed and providing a document index in table
format), this form will be returned to the Custodian for proper
completion thusprolonging the adjudication of the complaint.
By signing this Statement of Information, I certify that:
n I am the Custodian charged by the public agency with the
responsibility forresponding to the request for records on which
this complaint is based; or
n I am the alleged Custodian of an organization I do not believe
to be a publicagency obliged under the provisions of OPRA;
n The documents attached hereto are true copies of all documents
sent or receivedby the Custodian or the Custodian's staff (records
the custodian claims areprivileged or not accessible to the public
under OPRA are not included);
n A copy of this Statement of Information will be provided to
the Complainantsimultaneously with it being provided to the GRC;
and
n The foregoing statements made by me are true. I am aware that
if any of theforegoing statements made by me are willfully false, I
am subject to punishmentpursuant to the New Jersey Court Ru
1:4-4.
Signature:
Printed Name: Joseph F. Bruno
Job Title: Administrative Analyst
Date: March 18, 2014
Statement of Information Page 5
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Page 1 of 1
Joseph Bruno - OPRA Request DMV 1/31
From: Harry Scheeler To: "[email protected]" Date:
1/31/2014 12:10 PMSubject: OPRA Request DMV 1/31CC:
This is an electronic OPRA request. Please email all documents
to this email in PDF form.
1. List of all DMV employees at Egg Harbor Twp location.2.
Employee schedule for January 31, 2014.3. MVC policy which permits
employees to refuse to give full name to public.4. DMV policy on
registration discounts.5. DMV procedure for processing registration
discounts for SSI, lifeline, PADD recipients.6. DMV employee
manual.
file://C:\Users\TPZBRLTN~AppData\Local\Temp~XPgrpwise\52EB92A2MVS
DomainNlVS... 2/4/2014
-
~1'~/vV~
New JerseyMotor 1/ehicle CommissionSTATE OF NEW JERSEY
February 11, 2014
Harry B, Scheeler201 Webster StreetApt. B-7Woodbine, New Jersey
08270
Re: Open Public Records Act request W83450
Dear Mr. Scheeler:
P.O. Box 160Trerton, New Jersey 08668-0180
Chris Ch~istleGovernor
Klm GuadagnoLt. Govenw~
Raymond P. MartinezChairman and Chief Adminis#rator
This office is in receipt of your Open Public Records Act
("OPRA") da#ed January31, 2014, wherein you seek disclosure of
certain Motor Vehicle Commission ("MVC")record information.
With regard to that aspect of your request which seeks "List of
all DMVemployees at Egg Harbor Twp location" enclosed please find
ali available recordinformation responsive to that aspect of your
request.
With regard to that aspect of your request which seeks "Employee
schedule forJanuary 31, 2014" enclosed please find all available
record information responsive tothat aspect of your request.
Wifh regard to that aspect of your request which seeks the "MVC
policy whichpermits employees to refuse to give full name to
public" no official written policy exists.Therefore there is na
record information responsive to your request. Employeesstationed
at the MVC's field locations are discouraged from providing their
full name tothe public as a matter of personal safety. The manager
and supervisor of each facilitywill provide their full name to
customers in the event that there is any difficulty with
atransaction at the facility or with employee or employees.
With regard to that aspect of your request which seeks "DMV
policy onregistration discounts" and "DMV procedure for processing
registration discounts farSSI, lifeline, PADD recipients" all
passenger vehicles, motorcycles, vans, pickup
trucks,non-conventional vehicles, and omnibus registered to
recipients of the foiiowing
On the Road (o ExcelJe~l~eVisit us at 4vww.njmvc,gov
New Jersey is an Equal Opportunity Errp(oyer
-
programs are exempt from paying the increased fees pursuant to
the Insurance ReformAct:
Pharmaceutical Assistance to the Aged &Disabled
(PAAD)Supplemental Security Income (SSI)Lifeline
Applicants must present a current PAAD or SSl Card or oraaf of
Lifelineeligibility. If the name on the registration ar driver
license differs from the information onthe card, the customer must
provide additional verification. -Applicants wha {ease
theirvehicles are eligible for these discounts. The applicant is
required to provide proof ofeligibility along with a copy of the
lease agreement showing their cAnnection to thevehicle being
registered. Parenfs, guardians, foster parents of PAAD, SSI, or
Lifelinerecipients are eligible for reduced registration fees.
With regard to that aspect of your request which seeks the "DMV
employeemanual" the MVC presumes that you are seeking the employee
manual far field facilitypersonnel. N.J.S.A. 47:1A-1.1 provides,
"Government record" or "record" means anypaper, written or printed
book, document drawing, map, plan, photograph, microfilm,data
processed or image processed document, information stored or
maintainedelectronically or by sound-recording an in a sirnilar
device, or any copy thereof, that hasbeen made, maintained or kept
an file in the course of his or its o~cial business by anyofficer,
commission, agency or authority of the State or of any politico!
subdivisionthereof, including subordinate boards thereo#, or that
has bezn received in the course ofhis or its o~fcial business by
any :,uch office, commission, agency, or authority of theState or
of any political subdivision thereof, including subordinate b~ard~
thereof. Theterm shall not include inter-agency or ir~tra-agency
advisory, consultative nr deliberativematerial. N.J.S.A. 47:1A-1.1
further provades "a government record shall not includethe
following information which is deemed to be confidential for the
purposes of P.L.1963, C. 73 (C47:1A-1 et se.} as amended and
supplemented:...administrative ortechnical information regarding
computer hardware, software and networks which, ifdisclosed, would
jeopardize computer securifi~r..."
The MVC's employee manual contains procedural information that
providesguidance to MVC employees regarding the use of the various
MVC computer networkswhich is designed in ensure the issuance og
accurats, secure documents to the publicin accordance with fhe law.
Disclosure of the contents of the "DMV employee manual"would
severely undermine the MVC's ability to do so. The MVC cannot
therefore,accommodate this aspect of your request.
-
Thank you for the opportunity to be of assistance.
` ~ Very truly yours,
Joseph F. BrunoMVC Custodian of RecordsOffice of Legislative and
Regulatory Affairs
Yaur request for government records (W83450} is as follows:
1. List of all DMV employees at Egg Harbor Twp location.2.
Employee schedule for January 31, 2Q14.3. MVC policy which permits
employees to refuse to give full name to public.4. DMV policy on
registration discounts.5. DMV procedure for processing registration
discounts for SSI, lifeline, PADDrecipients.6. DMV employee
manual.
-
Of THE STgT.
4.
~ ~ Jj,~ ~"
.` ~m
State o f New JerseyCHRIS CHRISTIE OFFICE OP' THE ATTORNEY
GENERAL
Gouerrta DEPARTMENT OF LAW AND PUBLIC SAPF,TY
DIVISION OF LAW
KIM GLIADAGNO `L5 MARIfET STREETLt. Gouern.o~ PO Box 114
TxErrTON. NJ 08625-0114
March 19, 2014
Government Records CouncilIn Care of Robert T. Sharkey, Esq.101
South Broad StreetP.O. Box 819Trenton, New Jersey 08625-0819
Re: Harry B. Scheeler, Jr. v. NJ Motor VehicleCommissionGRC
Complaint No. 2014-75Item 12
Dear Mr. Sharkey:
JOHN J. HOFFMANActing Attorney Geri.eral
cTEPP'REY S. eTACOBSONDirector
I am submitting this written statement as counsel for
the New Jersey Motor Vehicle Commission (the "Commission"),
on
behalf of the Commission's Open Public Records Act ("OPRA")
custodian, Joseph F. Bruno (the "Custodian"), as to
Government
Records Council ("GRC") Complaint No. 2014-75.
FACTS AND PROCEDURAL HISTORY
The complainant, Harry B. Scheeler, Jr., submitted
OPRA request # W83450 on January 31, 2014, in which he
sought:
1. List of all DMV employees at Egg HarborTwp location.
2. Employee schedule for January 31, 2014.
HUGHES JUSTICE COMPLEX TELEPxoNF: (609) 292-4254 Fnx: (609)
292-5649New Jersey Is Ari. equal Opportur~ity Employer Printed ors
Recycled Paper ar~d Recyclable
-
March 19, 2014Page 2
3. MVC policy which permits employees torefuse to give full name
to public.
4. DMV policy on registration discounts.5. DMV procedure for
processing
registration discounts for SSI,lifeline, PADD recipients.
6. DMV employee manual.
[Item 6 .
On February 11, 2014, the Custodian responded to Mr. Scheeler
by
email stating that:
[l.] With regard to that aspect pf yourrequest which seeks "List
of all DMVemployees at Egg Harbor Twp location"enclosed please find
all available recordinformation responsive to that aspect ofyour
request.
[2.] With regard to that aspect of yourrequest which seeks
"Employee schedule forJanuary 31, 2014' enclosed please find
allavailable record information responsive tothat aspect of your
request.
[3.] With regard to that aspect of yourrequest which seeks the
"MVC policy whichpermits employees to refuse to give fullname to
public" no official written policyexists. Therefore there is no
recordinformation responsive to your request.Employees stationed at
the MVC's fieldlocations are discouraged from providingtheir full
name to the public as a matter ofpersonal safety. The manager and
supervisorof each facility will provide their fullname to customers
in the event that there isany difficulty with a transaction at
thefacility or with employee or employees.
[4. and 5.] With regard to that aspect ofyour request which
seeks `DMV policy onregistration discounts' and `DMV procedurefor
processing registration discounts forSSI, lifeline, PADD
recipients' all
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March 19, 2014Page 3
passenger vehicles, motorcycles, vans,pickup trucks,
non-conventional vehicles,and omnibus registered to recipients of
thefollowing programs are exempt from payingthe increased fees
pursuant to the InsuranceReform Act:
Pharmaceutical Assistance to the Aged &Disabled
(PAAD)Supplemental Security Income (SSI)Lifeline
Applicants must present a current PAAD orSSI Card or proof of
Lifeline eligibility.If the name on the registration or
driverlicense differs from the information on thecard, the customer
must provide additionalverification. Applicants who lease
theirvehicles are eligible for these discounts.The applicant is
required to provide proofof eligibility along with a copy of
thelease agreement showing their connection tothe vehicle being
registered. Parents,guardians, foster parents of PAAD, SSI,
orLifeline recipients are eligible for reducedregistration
fees.
[6.] With regard to that aspect of yourrequest which seeks the
`DMV employeemanual' the MVC presumes that you areseeking the
employee manual for fieldfacility personnel. N.J.S.A.
47:1A-l.lprovides, `Government record' or `record'means any paper,
written or printed book,document drawing, map, plan,
photograph,microfilm, data processed or image processeddocument,
information stored or maintainedelectronically or by
sound-recording on in asimilar device, or any copy thereof, thathas
been made, maintained or kept on file inthe course of his or its
official businessby any officer, commission, agency orauthority of
the State or of any politicalsubdivision thereof, including
subordinateboards thereof, or that has been received inthe course
of his or its official businessby any such office, commission,
agency, orauthority of the State or of any politicalsubdivision
thereof, including subordinate
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March 19, 2014Page 4
boards thereof. The term shall not includeinter-agency or
intra-agency advisory,consultative or deliberative
material.N.J.S.A. 47:1A-l.l further provides `agovernment record
shall not include thefollowing information which is deemed to
beconfidential for the purposes of P.L. 1963,C. 73 (C47:1A-1 et se
[q] . ) as amended andsupplemented: administrative ortechnical
information regarding computerhardware, software and networks
which, ifdisclosed, would jeopardize computersecurity .'
The MVC's employee manual containsprocedural information that
providesguidance to MVC employees regarding the useof the various
MVC computer networks whichis designed in ensure the issuance
ofaccurate, secure documents to the public inaccordance with the
law. Disclosure of thecontents of the `DMV employee manual'
wouldseverely undermine the MVC's ability to doso. The MVC cannot
therefore, accommodatethis aspect of your request.
[Item 8 . ]
On February 11, 2014, Mr. Scheeler filed this denial
of access complaint, in which he challenges the Commission's
responses to requests 1, 2, 4, 5, and 6. With respect to
request
1, Mr. Scheeler challenges the redactions made by the
Commission. With respect to request 2, Mr. Scheeler requests
clarification regarding whether employee names have been
redacted. With respect to requests 4 and 5, Mr. Scheeler
contends that the response provided by the Commission was
improper and that the Commission is required to grant
access,
deny access, or request clarification. With respect to
request
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March 19, 2014Page 5
6, Mr. Scheeler contends that the agency improperly relied
on
the advisory, consultative, and deliberative material and
computer security exemptions to OPRA, and that the manual
should
be provided with redactions.
Request l: Egg Harbor Township Employee List
With respect to request 1, the Commission redacted
portions of employees' last names to protect their safety
and
security. As detailed in the Certification of Robert Grill,
Director of Agency Services-South, field agency employees
have
received threats from customers. (Certification of Robert
Grill
at ,1, 4) On some pccasions, the Commission's security or
the
police have been required to address issues at field agency
locations. Id. at 5. In order to adequately protect the
safety
and security of its employees, the Commission does not
provide
the full name of its field agency employees. Id. at 6. The
Commission provides only the first name and first initial of
the
last name of its field agency employees. Id. at 7. The
employee's first name, first initial of the employee's last
name, and the employee's field agency is sufficient for the
Commission to identify its employees and respond to any
inquiries from the public. Id. at 9. In accordance with its
policy, the Commission provided a copy of the employee list
for
the Egg Harbor Township field agency containing the first
name
and first initial of the last name for each of its
employees.
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March 19, 2014Page 6
Id. at 10. The Commission redacted the remainder of each
employee's last name due to concerns regarding the personal
safety of its field agency employees. Id. at 11.
Request 2: Employee Schedule for January 31, 2014
With respect to request 2, as certified by Joseph F.
Bruno, Custodian of Records for the Commission, the employee
schedule for January 31, 2014 only contains the first names
and
first letter of the last name for each employee.
(Certification
of Joseph F. Bruno at 1, 3) Other portions of the schedule,
unrelated to the employees' names, were redacted. Id. at 4.
An
unredacted copy of the January 31, 2014 schedule is attached
as
Exhibit A to the Certification of Joseph F. Bruno. Ibid.
Requests 4 and 5: DMV Policy on Registration Discounts and
DMV
Procedure for Processing Registration Discounts for
SS2,Lifeline, and PAAD Recipients
With respect to requests 4 and 5, the response
provided consists of excerpts from the Commission's internal
employee manual for field facility personnel. Id. at 5. The
Commission's internal employee manual for field facility
personnel is exempt from disclosure under the Open Public
Records Act because disclosure would jeopardize computer
security and create a risk to the safety of persons,
property,
electronic data or software. Id. at 6. Information regarding
the agency's policies and procedures pertaining to SSI,
lifeline, and PAAD benefits is available on the Commission's
-
March 19, 2014Page 7
website at http://www.state.nj.us/mvc/Vehicle/Fees.htm. Id.
at
7.
Request 6: DMV Employee Manual
With respect to request 6, the Commission does not
have an employee manual for all employees. Id. at 8. The
only
"employee manual" maintained by the Commission is an
employee
manual for field facility personnel. Id. at 8. The
Commission
maintains an internal employee manual for field facility
personnel (the "manual") Grill Cert., supra, at 12. The
manual is a document created for the purposes of instructing
field agency employees how to review identification
documents
and process requests for learner permits, driver licenses,
titles, and registrations. Id. at 13. The manual has always
been maintained by the Commission as an internal document,
not
subject to disclosure under the Open Public Records Act. Id.
at
14.
The manual provides specific instructions to field
agency employees regarding how to verify and authenticate
identification documents that are presented by customers. Id.
at
15. The manual also provides information regarding how to
navigate the Commission's computer system, including what
information to input into the computer system. Id. at 16.
The
manual also includes direct links to the computer system. Id.
at
17. The manual could be used to hack the Commission's
computer
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March 19, 2014Page 8
database or modify the Commission's records. Id. at 18. The
Commission employs an extensive system of checks to prevent
the
issuance of fraudulent learner permits, driver licenses,
titles,
or registrations. Id. at 19. The manual contains detailed
information regarding the evaluation of identification
documents
by field agency employees, which could be used to obtain
fraudulent learner permits, driver licenses, titles, or
registrations. Id. at 20.
Redacting the manual will not sufficiently protect the
integrity of the Commission's process of issuing learner
permits, driver licenses, titles, and registrations. Id. at
21. Redacting the manual will not sufficiently protect the
security of the Commissions' computer system. Id. at ~~ 22.
All
information appropriate for public disclosure regarding the
Commission's procedures pertaining to the issuance of
learner
permits, driver licenses, titles, and registrations is
presented
on the Commission's websites and within publications
available
to the public from the Commission. Id. at 23.
LEGAL ARGUMENT
POINT I
The Commission's Policy Regarding the LastNames of Employees is
Proper, Does NotConflict with N.J.S.A. 47:1A-10, and DoesNot
Constitute a Denial of Access.
The Commission acted appropriately in consideration of
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March 19, 2014Page 9
its employees' safety and security when it provided Mr.
Scheeler
with a list of the Egg Harbor Township field agency
employees
with portions of the employees' last names redacted. The
Commission's policy of providing on the first name and first
initial of the last name of its field agency employees does
not
conflict with OPRA's statutory requirement that certain
personnel records must be provided.
N.J.S.A. 47:1A-10 governs the disclosure of personnel
records. It states, in relevant part, that:
[n]otwithstanding the provisions of F.L.1963, c. 73 (C. 47:1A-1
et seq.) or anyother law to the contrary, the personnel orpension
records of any individual in thepossession of a public agency,
including butnot limited to records relating to anygrievance filed
by or against an individual,shall not be considered a government
recordand shall not be made available for publicaccess, except
that:
an individual's name, title, position,salary, payroll record,
length of service,date of separation and the reason therefor,and
the amount and type of any pensionreceived shall be a government
record;
[N.J.S.A. 47:1A-10.]
The New Jersey Supreme Court has held that the OPRA
exemption
for personnel records "begins with a presumption of non-
disclosure and proceeds with a few narrow exceptions."
Kovalcik
v. Somerset County, Pros. Office, 206 N.J. 581, 594 (2011).
Courts interpreting the personnel exemption "have tended to
-
March 19, 2014Page 10
favor the protection of employee confidentiality." McGee v.
Township of East Amwell, 416 N.J. Super. 602, 615 (App. Div.
2010). As explained by the New Jersey Supreme Court,
personnel
records are to be maintained in confidence unless the
documents
are of the type specifically subject to disclosure under
N.J.S.A. 47:1A-10. Kovalcik, su ra, 206 N.J. at 592.
Citizens,
including public employees, have a reasonable expectation of
privacy and agencies are obligated to protect their
employees'
information where disclosure would violate the citizen's
reasonable expectation of privacy. N.J.S.A. 47:1A-1.
Moreover,
the Open Public Records Act exempts from disclosure records
that
would impact safety and security. See N.J.S.A. 47:1A-l.l.
The
GRC has previously recognized that disclosure of an employee
list or roster could pose a significant risk to the safety
of
personnel. See Alicea v. City of Hoboken Police Department
(Hudson), GRC Complaint 2011-103 (Feb. 2013) (citing Rivera
v.
City of Plainfield, Police Department (Union), GRC Complaint
2009-317 (May 2011) and McElwee v. Borough of Fieldsboro,
400
N.J. Super. 388 (App. Div. 2008)).
Here, Mr. Scheeler requested the list of employees at
the Commission's Egg Harbor Township field agency. In order
to
protect the safety and security of its employees, the
Commission
provided a copy of its employee list, but redacted the list
to
-
March 19, 2014Page 11
only include the first name and first initial of the last
name
of the employees.
The Commission does not object to providing the names
of its employees generally.l However, the Commission has
determined that providing the full name and location of its
field agency employees presents a risk to their personal
safety.
As Robert Grill has certified, field agency employees have
received threats from customers and in some instances, the
Commission's security or the police have been required to
protect employees. Grill Cert., supra, at 4-5. Due to
concerns
regarding employee safety, the Commission does not disclose
the
full names of its employees along with their field agency
location.
Mr. Scheeler contends that the Commission's policy of
only providing the first name and first initial of the last
name
of its field agency employees contravenes the Open Public
Records Act. In support of his position, he relies on O'Shea
v.
Township of West Milford, 410 N.J. Super. 371 (App. Div.
2009).
'The State of New Jersey's website provides information
regardingthe name, title, position, and salary of all State
employees.See State of New Jersey Public Payroll Information,
available athttp://yourmoney.nj.gov/transparency/payroll/. Notably,
theState of New Jersey's website does not specifically identify
theCommission's field agency employees by the location of
theirfield agency. Instead, the Section of the employees who work
atthe Commission's field agency locations is identified as
either"MOTOR VEHICLE AGENCY SERVICES, NORTHERN REGION" or
"MOTpR
VEHICLE AGENCY SERVICES, SOUTHERN REGION."
-
March 19, 2014Page 12
In O'Shea v. Township of West Milford, the Appellate
Division
considered whether Use of Force Reports ("UFRs") were
government
records subject to OPRA. The Appellate Division found the
UFRs
subject to disclosure under OPRA and in doing so explained
that:
The UFRs with which we deal here arenominally subject to OPR.A,
and there is nogoverning policy or statement containingspecific
provisions for exempting them fromOPRA's general rule of
disclosure. We are,in this matter, guided by the concept
thatadministrative actions, including thosestated in or imported to
duly promulgatedrules and regulations, cannot override alegislative
enactment such as OPRA. Absentspecific legislative leave, no agency
isauthorized to deviate from expressed orimplied legislative
policies.
[O'Shea v. Township of West Milford, 410N.J. Super. 371, 385
(App. Div. 2009).]
O'Shea is distinguishable from the present matter. In this
matter, the Commission is not deviating from any expressed
or
implied legislative polices. Under N.J.S.A. 47:1A-10, the
Commission is only required to provide the name, title, and
position of its employees. As the New Jersey Supreme Court
held
in Kovalcik, supra, the personnel exemption is to be
construed
narrowly to protect the reasonable expectation of privacy
held
by State employees. Kovalcik, supra, 206 N.J. at 592. The
Commission's policy of providing only the first name and
first
initial of the last name of field agency employees does not
conflict with the requirements of N.J.S.A. 47:1A-10 because
-
March 19, 2014Page 13
N.J.S.A. 47:1A-10 does not require the Commission to provide
the
specific office location or contact information for any of
its
employees. Moreover, the Commission has narrowly tailored
its
policy by redacting only a portion of employees' names to
comply
with the public policy in favor of open government that is
embodied in the Open Public Records Act while adequately
protecting the safety and security of its field agency
employees.
POINT II
The Commission's Internal Employee Manualfor Field Facility
Personnel is Exempt from
Disclosure under OPR.A.
Mr. Scheeler's argument is baseless. The Commission's
internal employee manual for field facility personnel is
exempt
from disclosure under OPRA. OPRA exempts from public access
"administrative or technical information regarding computer
hardware, software and networks which, if disclosed, would
jeopardize computer security." N.J.S.A. 47:1A-1.1. OPRA also
exempts from disclosure "security measures and surveillance
techniques which, if disclosed, would create a risk to the
safety of persons, property, electronic data or software."
Ibid.
The manual contains information instructing field
agency employees how to review identification documents and
process requests for learner permits, driver licenses,
titles,
and registrations. Release of this information could assist
-
March 19, 2014Page 14
members of the public with obtaining fraudulent learner
permits,
driver licenses, titles, and registrations. The issuance of
fraudulent identification documents such as learner permits,
driver licenses, titles, and registrations necessarily poses
a
risk to public safety.
The manual also provides instruction to field agency
employees regarding how to enter data into the Commission's
computer system. Dissemination of this information could
provide
unscrupulous individuals with a means to hack the
Commission's
computer system or modify the Commission's records.
Redacting these records would not adequately protect
the Commission. Any disclosure of the information regarding
the
processing of learner permits, driver licenses, titles, and
registrations or the Commission's computer system could
threaten
the Commission's security and jeopardize the integrity of
the
Commission's processes. Moreover, all information
appropriate
for public release contained within the manual is already
publically available through the Commission's website and
its
publications.
CONCLUSION
For the reasons set forth above, the Commission
requests the Government Records Council to confirm that no
denial of access to "government records" occurred with
respect
to this OPRA Request and that the response of the Custodian
in
-
March 19, 2014Page 15
this matter conformed to the requirements of the New Jersey
Open
Public Records Act.
Respectfully submitted,
JOHN J. HOFFMANACTING ATTORNEY GENERAL OF NEW JERSEY
By: V 1~' ~lValentina M. DiPippoDeputy Attorney General
-
JOHN J. HOFFMANATTORNEY GENERAL OF NEW JERSEYRichard J. Hughes
Justice Complex25 Market StreetP.O. Box 114Trenton, New Jersey
08625-0114Attorneys for Custodian of Record
By: Valentina M. DiPippoDeputy Attorney General(609)
292-4254
GOVERNMENT RECORDS COUNCILCOMPLAINT N0. 2014-75
HARRY B. SCHEELER, JR.,
Complainant,
Civil Action
CERTIFICATION OF ROBERT GRILLNEW JERSEY MOTOR
VEHICLECOMMISSION,
Custodian of Record.
Robert Grill, of full age, upon his oath certifies and
says:
1. I am employed by the New Jersey Motor Vehicle
Commission (the "Commission"), Custodian of Record in the
above-
referenced matter, as the Director of Agency Services-South. I
am
responsible for the oversight of agency services in the Central
and
South regions. I make this certification in support of the
1
-
Commission's Statement of Information to the Government
Records
Council ("GRC"). I have personal knowledge of the matters
stated
herein.
2. In OPRA request # W83450, the complainant, Harry B.
Scheeler, Jr., seeks, amongst other requests, the "[1]ist of
all
DMV employees at Egg Harbor Twp location" and the "DMV
employee
manual."
3. The Commission's field agency employees deal with
large numbers of customers each day.
4. On occasion, employees at the Commission's field
agencies have received threats from customers.
5. In some instances, field agency security or police
officers have been required to address issues that arose at
field
agencies.
6. Due to concerns regarding the personal safety of its
employees, the Commission does not provide the full name of
employees at its field locations.
7. In order to protect the safety of field agency
employees, the Commission provides the first name and the
first
initial of the last name of each employee.
8. The Commission also provides the full name of the
manager at any field location.
2
-
9. The first name, first initial of the last name, and
field location is sufficient for the Commission to identify any
of
its employees and respond to any inquiries from the public.
10. In its response to request 1, the Commission
provided a copy of the employee list for the Egg Harbor
Township
field agency containing the first name and first initial of
the
last name for each of its employees.
11. The Commission redacted the remainder of each
employee's last name due to concerns regarding the personal
safety
of its field agency employees.
12. The Commission maintains an internal employee manual
for field facility personnel (the "manual").
13. The manual is a document created for the purposes of
instructing field agency employees how to review
identification
documents and process requests for learner permits, driver
licenses, titles, and registrations.
14. The manual has always been maintained by the
Commission as an internal document, not subject to disclosure
under
the Open Public Records Act.
15. The manual provides specific instructions to field
agency employees regarding how to verify and authenticate
identification documents that are presented by customers.
3
-
16. The manual also provides information regarding how
to navigate the Commission's computer system, including what
information to input into the computer system.
17. The manual also includes direct links to the
computer system.
18. The manual could be used to hack the Commission's
computer database or modify the Commission's records.
19. The Commission employs an extensive system of checks
to prevent the issuance of fraudulent learner permits,
driver
licenses, titles, or registrations.
20. The manual contains detailed information regarding
the evaluation of identification documents by field agency
employees, which could be used to obtain fraudulent learner
permits, driver licenses, titles, or registrations.
21. Redacting the manual will not sufficiently protect
the integrity of the Commission's process of issuing learner
permits, driver licenses, titles, and registrations.
22. Redacting the manual will not sufficiently protect
the security of the Commissions' computer system.
23. All information appropriate for public disclosure
regarding the Commission's procedures pertaining to the issuance
of
learner permits, driver licenses, titles, and registrations
is
0
-
presented on the Commission's websites and within
publications
available to the public from the Commission.
I certify that the foregoing statements made by me are
true. I understand that if any of the foregoing statements made
by
me are wilfully false, I am subject to punishment.
DATED: March 18, 2014
~-
I
ROBERT GRILL
5
-
JOHN J. HOFFMANATTORNEY GENERAL OF NEW JERSEYRichard J. Hughes
Justice Complex25 Market StreetP.O. Box 114Trenton, New Jersey
08625-0114Attorneys for Custodian of Record
By: Valentina M. DiPippoDeputy Attorney General(609)
292-4254
GOVERNMENT RECORDS COUNCILCOMPLAINT NO. 2014-75
HARRY B. SCHEELER, JR.,
Complainant,
Civil Actionv.
CERTIFICATION OF JOSEPH F.NEW JERSEY MOTOR VEHICLE
BRUNOCOMMISSION,
Custodian of Record.
Joseph F. Bruno, of full age, upon his oath certifies and
says:
1. I am employed by the New Jersey Motor Vehicle
Commission (the "Commission"), Custodian of Record in the
above-
referenced matter as an Administrative Analyst, and I am the
Custodian of Records for the Commission. I make this
certification
1
-
in support of the Commission's Statement of Information to
the
Government Records Council ("GRC") I have personal knowledge
of
the matters stated herein.
2. In OPRA request # W83450, the complainant, Harry B.
Scheeler, Jr., seeks, amongst other requests, "2. Employee
schedule
for January 31, 2014[,]" "4. DMV policy on registration
discounts[,]" "5. DMV procedure for processing registration
discounts for SSI, lifeline, PA[A]D recipients[,]" and "6.
DMV
Employee Manual."
3. With respect to request 2, the employee schedule for
January 31, 2014 only contains the first names and first letter
of
the last name for each employee.
4. Other portions of the schedule, unrelated to the
employees' names, were redacted. An unredacted copy of the
January
31, 2014 schedule is attached as Exhibit A.
5. With respect to requests 4 and 5, the response
provided consists of excerpts from the Commission's internal
employee manual for field facility personnel.
6. The Commission's internal employee manual for field
facility personnel is exempt from disclosure under the Open
Public
Records Act because disclosure would jeopardize computer
security
-
and create a risk to the safety of persons, property,
electronic
data or software.
7. Information regarding the agency's policies and
procedures pertaining to SSI, lifeline, and PAAD benefits is
available on the Commission's website at
http://www.state.nj.us/
mvc/Vehicle/Fees.htm.
8. With respect to request 6, the Commission does not
have an employee manual for all employees.
9. The only "employee manual" maintained by the
Commission is an employee manual for field facility
personnel.
I certify that the foregoing statements made by me are
true. I understand that if any of the foregoing statements made
by
me are wilfully false, I am subject to punishment.
DATED: March 18, 2014
J EPH F. BRUNO
3
-
EXHIBIT A
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TEAM A
TEAM B
Maria V.
Kathleen S.
Tom B.
Sat 7:30-1:3d
Mon 12-6
Tue 2-8
Wed 12-6
Donna K.
Kristina W.
Beth E.
Sat 7:30-1:30
Mon 12-6
Tue 2-8
Wed
12-6
Rachael Y.
Ma
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Linda S.
Sat 7:30-1:30
Mon 12-6
Toe 2-8
Fri 1
2-6
Noemi F.
Alex F.
Jazmin R.
Sat 7:30-1:30
Mon 12-6
Tue 2-8
Thur 12-6
Jennifer G.
Donna S.
Susanne H.
Sat 7:30-1:30
Mon 12-6
Toe 2-8
Fri 1
2-6
Kathleen C.
Denise V.
Chris C-944
Sat 8:00-i:00
Mon 9-6
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Donald K.
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Robin D.
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