When O.P.R.A. Becomes O.P.R.A.

    

......and we are not talking about the woman from Chicago with her own talkshow and billion dollar media empire.  The acronym stands for: Open Public Records Act P.L. 2001, CHAPTER 404 N.J.S. 47:1A-1 et seq.
Legislative policy declaration	C.47:1A-1 Legislative findings, declarations.
	The Legislature finds and declares it to be the public policy of this State that:
All records shall be accessible	government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access accorded by P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented, shall be construed in favor of the public's right of access;
All records public unless meets a permitted exemption	all government records shall be subject to public access unless exempt from such access by: P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented; any other statute; resolution of either or both houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law, federal regulation, or federal order ;
	a public agency has a responsibility and an obligation to safeguard from public access a citizen's personal information with which it has been entrusted when disclosure thereof would violate the citizen's reasonable expectation of privacy; and nothing contained in P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, shall be construed as affecting in any way the common law right of access to any record, including but not limited to criminal investigatory records of a law enforcement agency. **So when does O.P.R.A (Open Public Records Act)...... become...... O.P.R.A (Open Public Records Avoidance)?

 A recent OPRA request submitted to the Town of Westfield wasn’t denied.  It wasn’t fulfilled either.  Westfield Town Clerk Claire Gray states she was unable to locate the record being sought after an “exhaustive search.” 

     The record being requested is supposed to be kept in a secure location, archived with other records.  In this case, the record from 2001 was M.I.A.

     Its ironic that the same record requested, but from another year (2002)  was found.  Also, two other archived records from 2001, that are typically kept with the OPRA requested record that couldn’t be found, turned up.  So where is the elusive OPRA requested record from 2001? 

     Why is it that some of the records were found, but the one record, the one that would point the finger at alleged corruption, mysteriously can’t be found? 

     Town Clerk Claire Gray stated, “I know you think we are hiding it from you.”  I responded emphatically, “Yes I do.”  I should have said, “You took the words right out of my mouth Claire.”  I chose not to.  She'd probably claim I was belligerent or arrogant, or at least that's what someone would have coached her to say.  Its happened before; history has a habit of repeating itself.  This time is different, I don't work for the town anymore.  Can't hold a job over my head.

     Her response, “Well maybe I should put a lock on the door upstairs" in reference to the storage room where the records are archived.  Her lower lip quivered, was she hiding something?  Abruptly, she returned to her office without another word.  Is the Town Clerk, the official “Custodian of Records” suggesting that the record sought was removed, possibly stolen?  If so, did she have knowledge about it?  Perhaps she could finger the thief? 

     Check the video surveillance system, town hall has cameras everywhere.  I can even give you the time frame in which to check the tapes for the thief.  It’s the time frame immediately after my OPRA request was filed.  Shouldn’t be hard to find the thief. 

     Then again, if Westfield Police Chief John Parizeau leads the investigation, another thief might go free just like the police officer the chief had caught stealing time, did.  See http://07090.blogspot.com/2010/12/westfield-police-chief-john-m-parizeau.html for story of cop caught stealing.

     It wouldn’t be the first time records went missing in the municipal building, just ask former Police Chief Bernard Tracy.  Some of his loyal followers allegedly had records removed from their personnel files just before he left the police department.  Kind of like a "going away present" from him, to them.  But this time it was to help those followers.  Any negative disciplinary actions, negative performance notices, departmental rules and regulations violation notices, POOF……GONE. 

     So when the “Custodian of Records,” the Westfield Town Clerk Claire Gray says she can’t find a record, is it because its been misplaced or stolen?  You be the judge.  If the record being sought could implicate others in a criminal act, a criminal act committed by those sworn to uphold the law, how believable is the “Custodian of Records” when she says the record couldn't be found after an exhaustive search. 

     If she has covered for her boss in the past, she will undoubtedly do it again.  Fortunately, there is an avenue of relief for those that have been denied access to a requested public record.  The Government Records Council in Trenton will step in to attempt to resolve the matter and locate the records.  Affidavits will be signed, careers will be on the line as well as the Town Clerks integrity, well whats left of it. 

     In the meantime, the records requester is left to explore their legal options that have recently proved to be lucrative for attorneys seeking public records on behalf of the record requester.  Recent settlements in Garwood and Bridgewater have netted attorneys over $50,000.   

     If only those towns had given up the records when they were originally requested, taxpayer money would never have had to of been used to pay the lawyers fees awarded to the lawyer seeking the record on behalf of the record requester. 

     But who cares; the Town Clerk Claire Gray, does she care?  Its not her money being thrown out the window, it’s the Westfield Taxpayer’s money.  The Fact of The Matter suggests that the Westfield Town Clerk Claire Gray “do the right thing.”  Locate the record.  To be continued………………………