Custodian Statement of Information

Harry B. Scheeler, Jr. v. State of NJ, Office of the Attorney General

GRC Complaint No. 2014-207
Statement of Information
PART 1: CONTACT INFORMATION
1. GRC Complaint Number: 2014-207
2. Name of Complainant: Harry B. Scheeler, Jr.
3. Name of Custodian: Gregory A. Spellmeyer, AAG
Job Title of Custodian: Acting Custodian of Records, Department of Law and
Public Safety
4. Custodian's Public Agency: Office of the Attorney General, Department of
Law and Public Safety
Address: Office of the Attorney General
P.O. Box 081
Trenton, New Jersey 08625-0081
Phone: (609) 984-6998
Fax: (609) 984-5949
E-mail: aregory.spellmeyer@Ips.state.nj.us
gregory.spellmeyer@dol.lps.state.nj.us
5. Name of Custodian's Legal Counsel:
Gregory A. Spellmeyer, AAG
Address: Office of the Attorney General
P.O. Box 081
Trenton, New Jersey 08625-0081
Phone: (609) 984-6998
Fax: (609) 984-5949
E-mail: grec~ory.spellmeyer@Ips.state.nj.us
c~regory.spellmever@dol.lps.state.nj.us
Custodian Statement of Information
Harry B. Scheeler, Jr. v. State of NJ, Office of the Attorney General
GRC Complaint No. 2014-207
Statement of Information Page 2
PART 2: ABOUT THE DE NIAL OF ACCE SS COMPLAINT
6. Attach a copy of the OPRA records request upon which this Complaint is
based.
Please mark this attachment "Item 6."
See attached electronic OPRA request marked Item 6.
7. Indicate the date on which the Custodian received the OPRA records request
upon which this complaint is based.
May 9, 2014
8. Indicate the date on which the Custodian responded to the OPRA records
request upon which this complaint is based. Provide all written documentation
supporting the Custodian's response. If you use additional pages to respond,
please mark each page "Item 8."
On May 21, 2014, Deputy Attorney General Bruce Solomon, the Department of
Law and Public Safety Custodian of Records sent Mr. Scheeler an email
regarding his OPRA request. The email stated in part: "[A]s you are aware, I am
a named defendant in litigation which was recently filed in the Superior Court of
New Jersey on your behalf, Scheeler v. Office of the Governor, et al. In order to
avoid any real or perceived conflicts of interest, I cannot file a response to your
ORPA request, W86481. The Office of the Attorney General has had to identify
and assign an Acting Custodian of Records for this request. As a result, OAG
requests an extension of time through Tuesday, May 27, 2014 to respond to your
OPRA request." See attached email marked Item 8. Monday, May 26, 2014
was Memorial Day, a State holiday. On May 21, 2014, Mr. Scheeler denied the
request for an extension. See attached email marked Item 8. On May 23,
2014, the Acting Custodian of Records responded to the OPRA request with
information and a redacted record. See attached Receipt marked Item 8.
Custodian Statement of Information
Harry B. Scheeler, Jr. v. State of NJ, Office of the Attorney General
GRC Complaint No. 2014-207
Statement of Information Page 3
9. In keeping with the GRC's statutory mandate to investigate alleged denial of
access complaints pursuant to N.J.S.A. 47:1 A-7.e. and the court's instruction that
all Custodians responding to denial of access complaints provide a document
index containing certain information to the GRC pursuant to its decision in John
Paff v. NJ Department of Labor, 392 N.J. Super. 334 (App.Div. 2007), the
Custodian must provide the document index table below. The document index
table is required in the table format presented below. Please mark the table
"Item 9."
See Item 9 -Table on accompanying page
A
List of all
records
responsive to
B
List the
Records
Retention
C
List of all
records
provided
D
If records
E
If records
were denied
F
List the legal
were
disclosed
explanation
and statutory
in their
entirety, . iq ve
Complainant's Requireme to
Complain
with
redactio
citation for the
OPRA Request nt and
Disposition
a general
description of
denial of
access to
records in their
(include the
number of
pages for
each record)
ant, in their ns, give a
Schedule entirety or general the record
for each
record
responsive
with
redactions
nature
descripti
entirety or with
redactions
include
the date
such
records
were
rovided
on of the
to the
Complain
redactio
ns
ant's
OPRA
request
Resume of Six years A redacted
The
No records The resume of
Christopher offer resume of
redactio
Were denied Christopher
Huber (2 terminatio Christopher
ns were
in their Huber was
pages). n of Huber was
consisten
entirety. redacted
employme provided on
t with
Andrew J. consistent with
There were no nt. May 23,
N.J.S.A.
Mcnally is not N.J.S.A.
records in the Disposition 2014 (ri~o
47:1A-10
employed by 47:1A-10
Office of the is pages).
Which
the which makes
Attorney destruction
makes
Department of only certain
General
only
Law and specific
responsive to
certain
public Safety. information
the request for
specific
His resume is from personnel
the resume of
informati
not made, and pension
on file for DAG
on from
maintained, records
Andrew J.
personne
kept on file or available
Mcnally, and
I and
received in under OPRA.
DAG Bruce J.
pension
the ordinary See Kovaicik
Solomon.
records
course of v. Somerset
available
business by County
under
OAG. A Prosecutor's
OPRA.
search did not Office, 206 N.J.
identify the 581 (2011).
resume of
Bruce J.
Solomon.
Item 9 -Table
Custodian Statement of Information
Harry B. Scheeler, Jr. v. State of NJ, Office of the Attorney General
GRC Complaint No. 2014-207
Statement of Information Page 5
10. Specifically describe the search undertaken to satisfy the. records request
upon which this complaint is based.
To search for responsive records and information, the Department of Law and
Public Safety, Office of the Attorney General, Human Resource Management was
contacted. Human Resources determined that Andrew J. Mcnally is not an
employee of the Department of Law and Public Safety. On May 23, 2014, Mr.
Scheeler was informed that the OAG does not have any records responsive to
the request for the resume of Andrew J. Mcnally. Human Resource
Management identified the personnel and pension files of Mr. Huber and Mr.
Solomon. Human Resources identified the resume of Christopher Huber. On
May 23, 2014, Mr. Huber's resume was provided to Mr. Scheeler with redactions
consistent with N.J.S.A. 47:1A-10 which makes only certain specific information
from personnel and pension records available under OPRA. As a result of the
search performed, Human Resources did not identify a resume within the
personnel file of Bruce J. Solomon. On May 23, 2014, Mr. Scheeler was informed
that the OAG does not have any records responsive to the request for the resume
of Bruce J. Solomon. Human Resources identified the requested the salary and
date of hire of Mr. Huber and of Mr. Solomon. On May 23, 2014, this information
was provided to Mr. Scheeler. Because Mr. Mcnally is not an employee of the
Department of Law and Public Safety, as a result of its search, Human Resources
was unable to identify his salary or his date of hire within its records.
As a result of the search performed, I certify that on the date of my response,
May 23, 2014, there were no records accessible in response to the request for the
resume of Andrew J. Mcnally. As a result of the search performed, I certify that
the records sought are neither made, maintained, kept on file nor received in the
ordinary course of business by the Office of the Attorney General. As a result of
the search performed, I certify that on the date of my response, May 23, 2014, the
record responsive to the request for the resume of Christopher Huber was
provided. As a result of the search performed, I certify that as of the date of my
response, May 23, 2014, no record responsive to Mr. Scheeler's request for the
resume of Bruce J. Solomon existed in the Office of the Attorney General.
1 1. Specifically state the last date on which documents that may have been
responsive to the request were destroyed in accordance with the Records
Destruction Schedule established and approved by New Jersey Department of
State, Division of Archives and Records Management.
Not applicable. No records responsive to this request have been identified as
having been destroyed.
Custodian Statement of Information
Harry B. Scheeler, Jr. v. State of NJ, Office of the Attorney General
GRC Complaint No. 2014-207
Statement of Information Page 6
12. Provide all facts and legal arguments in support of the Custodian's actions
with regard to the handling of the OPRA records request upon which this
complaint is based on an attached written statement marked "Item 12."
The complaint is not based any aspect of the response aside from it being
provided on the 9t" day following the request. Mr. Scheeler's OPRA request was
received on May 9, 2014. On May 21, 2014, Deputy Attorney General Bruce
Solomon, the Department of Law and Public Safety Custodian of Records sent Mr.
Scheeler an email regarding his OPRA request. The email stated in part: "[A]s
you are aware, i am a named defendant in litigation which was recently filed in
the Superior Court of New Jersey on your behalf, Scheeler v. Office of the
Governor, et al. In order to avoid any real or perceived conflicts of interest,
cannot file a response to your ORPA request, W86481. The Office of the Attorney
General has had to identify and assign an Acting Custodian of Records for this
request. As a result, OAG requests an extension of time through Tuesday, May
27, 2014 to respond to your OPRA request." See attached email marked Item 8.
Monday, May 26, 2014 was Memorial Day, a State holiday. On May 21, 2014,
Mr. Scheeler denied the request for an extension. See attached email marked
Item 8. On May 23, 2014, the Acting Custodian of Records responded to the
OPRA request with information and a redacted record. See attached Receipt
marked Item 8. No record was withheld in its entirety. The redactions were
made consistent with N.J.S.A. 47:1 A-10 which makes only certain specific
information from personnel and pension records available under OPRA. See
Kovalcik v. Somerset County Prosecutor's Office, 206 N.J. 581, 592-93 (2011). The
delay in the response was prompted by the need to identify aback-up custodian
to respond to this request. The Acting Custodian completed and issued the
response on May 23, 2014. The reason for the delay was not contrived, the
delay was not wilful, and was not intended to unreasonably deny access.
Custodian Statement of Information
Harry B. Scheeler, Jr. v. State of NJ, Office of the Attorney General GRC
Complaint No. 2014-207
Statement of Information Page 7
If fhe Custodian fails to complete this form completely and accurately
(responding to each numbered item specifically as directed and providing a
document index in table format), this form will be returned to the Custodian for
proper completion thus prolonging the adjudication of the complaint.
By signing this Statement of Information, I certify that:
am the Acting Custodian charged by the public agency with the responsibility
for responding to the request for records on which this complaint is based; or
am the alleged Custodian of an organization I do not believe to be a public
agency obliged under the provisions of OPRA;
The documents attached hereto are true copies of all documents sent or
received by the Custodian or the Custodian's staff (records the custodian claims
are privileged or not accessible to the public under OPRA are not included);
A copy of this Statement of Information will be provided to the Complainant
simultaneously with it being provided to the GRC; and
The foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment
pursuant to the New Jersey Court Rule 1:4-4.
Signature: /q - ~/~~-
Printed Name: Gregory A. Spellmeyer
Job Title: Acting Custodian of Records, Department of Law and Public
Safety/Deputy Attorney General
Date: June 6, 2014
(6/6/2014) OAG Records -Government Records Request W86481 Page 1
From: <OPRAreturn@oit.state.nj.us>
To: <oag.records@Ips.state.nj.us>
Date: 5/9/2014 12:26 PM
Subject: Government Records Request W86481
Below is the information submitted by the OPRA requestor for Govt. Records Request # W86481.
Please use the OPRA Tracking System to process Govt. Records Request # W86481.
State Agency: Law and Public Safety, Office of the Attorney General
Requestor Name: Harry Scheeler
Company: www.harryscheeler.com
Address: 201 Webster St
Woodbine NJ 08270
Email: harryrescue911 @gmail.com
Telephone: 609 427 6099
Convicted of indictable offense: NO
Preferred Delivery: E-Mail
Maximum Authorized Cost: $1.00
Payment Method: Cash
Requested Information: Pursuant to executive order 26 resume of on file for DAG Andrew J. Mcnally,
DAG Bruce J. Solomon, DAG Christopher Huber. Pursuant to N.J.S.A. 47:1A-10a Salary and date of hire
for DAG Andrew J. Mcnally, DAG Bruce J. Solomon, DAG Christopher Huber.
~``
r ~ ~~~'
.i/22l2014 (xr ;i - Seei6ng E~ension of Time to Respond to Your OPRA Req~est - WSG481
Seeking Extension of Time to Respond to Your OPRA Request - W86481
OAG Recor ds <OAG.Recor ds@Ips.state.nj.us> Wed, May 21, 2014 at 5:50 PM
To: har r yr escue911@gmail.com
Cc: Gr egor y Spellmeyer <Gr egor y.Spellmeyer @dol.lps.state.nj.us>
Dear Mr . Scheeler :
ser ve as the Custodian of Recor ds for the Office of the Attor ney Gener al (OAG)
and as the Custodian of Recor ds for the Depar tment of Law and Public Safety.
You filed an OPRA r equest with OAG, W86481, in which you seek access to, along
with other r ecor ds and infor mation, my r esume, my salar y and my date of hir e.
Additionally, as you ar e awar e, i am a named defendant in litigation which was
r ecently filed in the Super ior Cour t of New Jer sey on your behalf, Scheeler v. Office
of the Gover nor , et al. I n or der to avoid any r eal or per ceived conflicts of inter est,
cannot file a r esponse to your OPRA r equest, W86481. The Office of the Attor ney
Gener al has had to identify and assign an acting Custodian of Recor ds for this
r equest. As a r esult, OAG r equests an extension of time thr ough Tuesday, May 27,
2014 to r espond to your OPRA r equest.
Thank you for your cooper ation and cour tesy.
Sincer ely,
Br uce Solomon
Br uce J. Solomon
Deputy Attor ney Gener al
L&PS Custodian of Recor ds
State of New Jer sey
Depar tment of Law and Public Safety
Office of the Attor ney Gener al
P.O. Box 081
Tr enton, New Jer sey 08625-0081
Phone: (609J 984-61 12
Fax: (609) 984-9493
OAG.Recor ds~~~lps.state.nj.us
CONFIDENTIALITY NOTICE The infor mation contained in this communication fr om the Office of the New Jer sey
https i/r naiLy ooy Ie.cor r Jmaii/u/0/?ui=2&iIF e23998bec3&~iew=pt&sear ch=inbo~msg=14620c;3d33d(16110&sim1=14620c3d33d06110 1/2
~ tt r ~
' Il i~.~
~~a
5/22/?_014 T,~il- Seelang E~ension of Time to Respond to Your OPRA Request - W86481
Attorney Generalis privileged and confidentialand is intended for the sole use of the persons or entities who are
the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use
of the information it contains is strictly prohibited. If you ham recei~d this communication in error, please
immediately contact the Office of the Attorney Generalat (609) 292-4925 to arrange for the return of this
information.
https://maiI.g oog Ie.corrJmail/u10/?ui=2&ik-- e23998bec3&uev,F pt&search=inbox&msg =14620c3d33d06110&surd=14620c3d33d06110 2l2
3 rG :7
-;
5/22/2014 mil -Seelang E~ensiwi of Time to Respond to Your OPRA R Ut -W86481
~t
~~~ ~ ~
~ ~
.
~ _ ti i~ 'stt _ ~_ .
Seeking Extension of Time to Respond to Your OPRA Request -W$6481
Harry B. Scheeler, Jr. <harryrescue911@gmail.com> Wed, May 21, 2014 at 6:57 PM
To:OAG Records <OAG.Records@Ips.state.nj.us>
Cc:Gregory Spellmeyer <Gregory.Spellmeyer@dol.lps.state.nj.us>, Bruce Rosen <brosen@marc-law.com~,
"jiocicero@aclu-nj.org" <jlocicero@aclu-nj.org>, Edward Barocas <ebarocas@aclu-nj.org>, Sarah Lynn Fehm
<sfehm@mart-law. com>
Mr. Solomon,
On Friday, May 9, 2014 at 12:27 p.m. I filed this request. The OPRA clock starts the next business day which
would hart been May 12, 2014. The statutory deadline for this request pursuant to N.J.S.A. 47 :1A-5 (i) was May
20, 2014. Your 8th day response on May 21, 2014 at 5:50 p.m. (after business hours) violates the Open Public
Records Act.
How can the go~rnment expect the people to follow and obey the law in good faith if the government will not
hold itself to the same standard? You have already been put on notice in the lawsuit my attorneys filed (in which
you acknowledge you are a named defendant) that you have a statutory duty under state law to comply
with OPRA and provide records no later then the se~t;nth business day.
State agencies habitual violation of OPRA was the exact reason I started auditing government agencies. Our
state lawmakers need to be aware of state custodians disregard for our Civil Rights.
Outside of your untimely response your extension is unreasonable. In Darata v. Monmouth County Board of
Chosen Freeholders, GRC Complaint No. 2009-312 (February 2011). The Council held that, "[t]he GRC notes that
pending litigation is not a lawful basis for denial of access to records requested under OPRA. OPRA provides a
statutory right of access to government records which is not in any way supplanted by pending or
ongoing litigation." Part of that statutory right is again to have records provided no later then
seven business days. Seven days is more then enough time to determine there may be a conflict of interest and
ham another person pull three resumes and salary information. E~,en if you legitimately needed an extension you
should have notified me in a reasonable amount of time not 8 business days later.
-Harry
On Wed, May 21, 2014 at 5:50 PM, OAGRecords <OAG.Records@Ips.state.nj.us> wrote:
Dear Mr. Scheeler:
serve as the Custodian of Records for the Office of the Attorney General (OAG)
and as the Custodian of Records for the Department of Lc~w and Public Safety.
You filed an OPRA request with OAG, W86481, in which you seek access to, along
with other retards and information, my resume, my salary and my date of hire.
Additionally, as you are aware, I am a named defendant in litigation which was
recently filed in the Superior Court of New Jersey on your behalf, Scheeler v. Office
of the Governor, et al. In order to avoid any real or perceived conflicts of
interest, I cannot file a response to your OPRA request, W86481. The Office of the
Attorney General has had to identify c~nd assign an acting Custodian of Records
https:/lmail.g oog le.com/mail/u/01?ui=2&i k=e23998bec3&~iev~ pt&search=inbowSmsg =1462100b7 eda6ef5&dsgt=1 &sim1=14 621 00b7 eda6ef5 1/2
5/22/2014 ~~~~il - Seelang E~ension of Time to Respond to Your OPRA Req nest - W86481
w, _
for this request. As a result, OAG requests an extension of time through Tuesday,
May 27, 2014 to respond to your OPRA request.
Thank you for your cooperation and courtesy.
Sincerely,
Bruce Solomon
Bruce J. Solomon
Deputy Attorney General
L&PS Custodian of Records
State of New Jersey
Department of Law and Public Safety
Office of the Attorney General
P.O. Box 081
Trenton, New Jersey 08625-0081
Phone: (609) 984-61 12
Fax: (609) 984-9493
OAG.Records@Ips.state.nj.us
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New
Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities
who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution,
copying or use of the information it contains is strictly prohibited. If you ham received this communication in
error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return
of this information.
OPRA Confirmation PageDAG.pdf
135K
https://mai I.g oog Ie.corrVmai UWO/?ui=28ik=e23998bec3&~ie~ pt&search=inbo~msg =1462100b7eda6ef5&dsq t=1 &sim1=1462100b7eda6ef5 212
May 23, 2014 04:34 PM State of New Jersey
Page: 1 of 2
Government Records Request
Receipt
Requestor Information
-tarry Scheeler
Nww.harryscheeler.com
Z01 Webster St
Noodbine, NJ 08270
rescue911 @gmail.com
X27-6099
bequest Date: May 9, 2014
Maximum Authorized Cost:
=mail
Status of Your Request
Your request for government records (# W86481) from the
Office of the Attorney General has been reviewed and has
been Partial Closed. Detailed information as to the availability
of the documents you requested appear below and on
following pages as necessary.
The cost and any balance due for this request is shown to the
right. Any balance due must be paid in full prior to the release
/ mailing of the documents.
If you have any questions related to the disposition of this
request please contact the Custodian of Records for the Office
of the Attorney General. The contact information is in the
column to the right. Please reference your request number in
any contact or correspondence.
Document Detail
Request Number: W86481
Request Status: Partial Closed
Ready Date: May 23, 2014
Custodian Contact Information
Office of the Attorney General
Records Custodian
PO Box 081
25 Market Street - 3rd Floor West
Trenton, NJ 08625-0081
oag.records@Ips.state.nj.us
609-984-6112
Cost Information
Total Cost:
',Deposit:
Total Amount Paid:
Balance Due:
$0.00
$0.00
$0.00
$o.oa
Div Doc # Doc Name Redaction Legal Electronic Other
Req Pages Size Media Cost
OAG 0001 ,Resume, date of hire and salary of Andrew N N N
J. Mcnally
Denial: 01.Not Made, Maintained, Filed or Received by Division ---
OAG 0002 Resume of Bruce J. Solomon ` ` N N N
Denial: 01.Not Made, Maintained, Filed or Received by Division ---
OAG 0003 Resume of Christopher Huber Y 2 N Y
redacted consistent with N.J.S.A. 47:1A-10 which makes only certain specific information from
personnel and pension records available under OPRA. See Kovalcik v. Somerset County
Prosecutor's Office
~~
May 23, 2014 04:34 PM State of New Jersey
Page: 2 of 2
Government Records Request
Receipt
OAG .0004 ;Salary and date of hire of Bruce J. Solomon N N N
and Christopher Huber
'information provided within response
__
You filed an OPRA request with the Department of Law and Public Safety (L&PS), Office of the Attorney
General (OAG) seeking access to: "resume of on file for DAG Andrew J. Mcnally, DAG Bruce J. Solomon, DAG
Christopher Huber. Pursuant to N.J.S.A. 47:1A-10a Salary and date of hire for DAG Andrew J. Mcnally, DAG
Bruce J. Solomon, DAG Christopher Huber."
Andrew J. Mcnally is not an employee of the Department of Law and Public Safety. OAG does not have any
records responsive to your request concerning Andrew J. Mcnally. OAG does not have records responsive to
your request for the resume of Bruce J. Solomon. A copy of the resume of Christopher Huber is being
provided. It has been redacted consistent with N.J.S.A. 47:1A-10 which makes only certain specific information
from personnel and pension records available under the Open Public Records Act. See Kovalcik v. Somerset
County Prosecutor's Office, 206 N.J. 581 (2011). The salary of Bruce J. Solomon is $97,030.75 and the date of
his hire is June 21, 1993. The salary of Christopher Huber is $75.472.63 and the date of his hire is September
15, 2008.
Sincerely,
Gregory Spellmeyer
Acting OAG Custodian of Records
Your request for government records (# W86481) is as follows:
Pursuant to executive order 26 resume of on file for DAG Andrew J. Mcnally, DAG Bruce J. Solomon, DAG
Christopher Huber. Pursuant to N.J.S.A. 47:1A-10a Salary and date of hire for DAG Andrew J. Mcnally, DAG
Bruce J. Solomon, DAG Christopher Huber.
Christy her T. Huber
Education
Boston University School of Law Boston MA
Juris Doctor, May 2002, ~ ~
Bucknell University, Lewisburg, PA
B.A. in Economics and Political Science Ma 1999
'~
Professional Status
Admitted to Pennsylvania Bar (December 2002); New Jersey Bar (December 2005)
Work Experience
Judge Joel Schneider, U.S.M.J., D.N.J. Camden, NJ
Law Clerk, November 2Q06 present
Research and draft memoranda on various substantive and procedural issues in a variety
of civil and criminal matters.
Aid in drafting orders and opinions
Judge Tnnianne Bongiovanni, U.S.M.J., D.N.J. Trenton, NJ
Law Clerk, May X006 -- Sep#ember 20 6
Research and draft memoranda vn various substantive and procedural issues in a variety
of civil and criminal matters.
Aid in drafting orders and opinions.
Deasey, Mahoney ~ Bender, LC; Philadelphia, PA
Associate, August 2004 May 2006
Medium size arm specializing in commercial litigation, construction litigation and civil rights
litigation.
Responsible for defending 30-40 cases throughout the litigation process, including
settlement negotiations, depositions and drafting and arguing motions.
Sweeney and Sheehan, PC, Philadelphia, PA
Associate, November 2002 August 2004
Medium size firm specializing in insurance defense litigation.
Responsible for approximately 50-60 cases in various areas including premises liability,
automobile liability, dram shop liability.