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LAW AND PUBLIC SAFETY

ATTORNEY GENERAL

JUVENILE JUSTICE COMMISSION

EXECUTIVE COMMISSION ON ETHICAL STANDARDS

ELECTION LAW ENFORCEMENT COMMISSION

VICTIMS OF CRIME COMPENSATION BOARD

Access to Government Records; Confidentiality of Records

Jointly Proposed New Rules: N.J.A.C. 13:1E SUBCHAPTER 2 and 3

Authorized By: David Samson, Attorney General, and as Chair of the Executive Board of the Juvenile Justice Commission; Executive Commission on Ethical Standards, Rita L. Strmensky, Executive Director; Election Law Enforcement Commission, Frederick M. Herrmann, Ph.D., Executive Director; and Victims of Crime Compensation Board, Jacob C. Toporek, Chairman .

Authority: N.J.S.A. 47:1A-1, 52:4B-9, 52:13D-21, 52:17B-4, 52:17B-170,-171 and Executive Order No. 9 (Hughes 1963).

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2002-227

Submit written comments by September 11, 2002 to:

Philip H. Hopkins, Jr. , Deputy Attorney General

Administrative Practice Officer

Department of Law and Public Safety

Office of the Attorney General

P. O. Box 081

Trenton, NJ 08625-0081



The agencies proposal follows:



Summary

On January 8, 2002, the Legislature passed and the Acting Governor approved P.L. 2001, c.404, which enacted changes in the law concerning public access to government records. The law will be effective July 7, 2002. This law expands the public's right of access to government records and facilitates the way in which that access is provided by the custodian of those records. Section 18 of the law authorizes public agencies to take anticipatory administrative action in advance as may be necessary for smooth and efficient implementation of the act. The Attorney General, Juvenile Justice Commission, Executive Commission on Ethical Standards, Election Law Enforcement Commission and the Victims of Crime Compensation Board jointly propose rules establishing the process by which members of the public may seek access to government records in the possession or control of the Department of Law and Public Safety or agencies within the Department under the revised law. The act requires the custodian of government records of a public agency to adopt a form for providing public access to government records. The proposed rules in subchapter 2 establish a process to be followed by members of the public who seek access to government records held or controlled by agencies within the Department that have joined in this proposal.



The act provides that all government records shall be subject to public access unless exempt from such access by: P.L. 1963, c.73 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. The Attorney General, pursuant to N.J.S.A. 47:1A-1 et seq. as amended and supplemented and Executive Order No. 9 (Hughes 1963), proposes to classify as exempt from public access certain records held or controlled by the Department of Law and Public Safety or agencies within or allocated to the Department or that are otherwise subject to the supervision of the Attorney General. The act also provides that a public agency should be mindful of the need 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. The rules proposed in subchapter 3 are designed to serve both these legislative policies by facilitating public access to government records while, at the same time, balancing citizens' reasonable expectations of privacy and the integrity and effectiveness of governmental operations.

A summary of the proposed new rules follows:

Subchapter 2. Access to Government Records

Proposed new N.J.A.C. 13:1E- 2.1 states the scope and applicability of the rules contained in the subchapter. These new rules apply to agencies under the supervision of the Attorney General and those not under the supervision of the Attorney General, commonly known as "in but not of" agencies, that have chosen to adopt the procedure by joining in this proposal.

Proposed new N.J.A.C. 13:1E- 2.2 provides that the Attorney General will designate a person to be Department records custodian. This person will be the custodian of records for the Office of the Attorney General. Each division director or agency head shall designate a custodian of records for that division or agency. The addresses of custodians of record will be made available to the public on the request form and by posting on the Department of Law and Public Safety web site.

Proposed new N.J.A.C. 13:1E- 2.3 provides that all requests for access to government records under the public access to government records law must be on a form approved by the Department. The requester will be required to provide certain information on the form, including a name, address and telephone number; a brief description of the records requested, type of access (examination, inspection or copying); medium requested; and the date submitted to the proper custodian. The form will also provide space for: specific directions and procedures for requesting a government record; which records will be made available; when the record will be available; the fee to be charged; the amount of prepayment of fees or deposit that is required; a statement of the requester's right to challenge a denial and the procedures for challenging a denial; whether the requester has agreed to grant an extension of time; the toll free number of the Government Records Council; a certification by the requester that he or she has or has not been convicted of an indictable offense; the custodian to sign and date the form; and reasons if access is denied. The requester's certification concerning conviction of an indictable offense is required to ensure compliance with the provision of the law that prohibits a person convicted of an indictable offense under the laws of this State, any other state or the United States, from receiving personal information concerning the person's victim or the victim's family. Copies of the form will be available at division and agency offices and on the Department and agency web sites.

Proposed new N.J.A.C. 13:1E- 2.4 establishes the procedure for submitting requests for access to government records. Forms may be hand delivered during normal business hours, mailed or transmitted electronically by email or web site access to the appropriate division or agency custodian. Submission by facsimile transmission is not permitted. All requests must be delivered to the appropriate division or agency custodian of records in order to trigger the requirements of the public access to government records law. Upon receipt of the form, the custodian will review it for clarity and completeness and will advise the requester of any deficiencies or request additional information, provided the requester has included contact information. The custodian will estimate the fee, including the cost of any special form of mailing requested. A request shall not be deemed complete until any prepayment or deposit required by these rules is received by the custodian. A requester will be required to prepay any special mailing or delivery costs such as UPS or Express Mail. A requester will not be charged for ordinary mail. There is ordinarily no charge for merely inspecting records. Upon request, a custodian may also allow requesters to use their own photocopy equipment, provided it will not disrupt agency operations or endanger the public records. A special fee may be charged as permitted by N.J.S.A. 47:1A-5(c).

Proposed new N.J.A.C. 13:1E-2.5 provides that the custodian may require a deposit of 100 percent of the estimated fee if the estimate exceeds $5.00. If the estimate exceeds $25.00, the custodian may require a deposit of 50 percent of the estimate.

Proposed new N.J.A.C. 13:1E-2.6 provides that the balance of the fee is due on delivery of the record.

Proposed new N.J.A.C. 13:1E-2.7 provides that, except as otherwise provided by law, if the custodian fails to respond within seven business days after the custodian receives the request or such other time as may be required under the law or may be agreed upon, the failure will be deemed a denial of the request for access. As provided in the statute, a custodian need not respond to an anonymous request until the requester reappears before the custodian.

Proposed new N.J.A.C. 13:1E-2.8 provides that if requested records are stored, the custodian will advise the requester of the date the records will be available and the estimated cost within seven business days of receipt of the request form. This section codifies the requirements of the statute.

Proposed new N.J.A.C. 13:1E-2.9 codifies the requirements of the statute concerning delivery of records in the medium requested. The custodian will deliver the record in the medium requested unless the agency does not maintain the record in that medium and cannot reasonably convert it. In such a case, the custodian will advise the requester of the cost of providing the record in the medium requested. Such charge may include labor.

Proposed new N.J.A.C. 13:1E-2.10 deals with the computation of time. Consistent with statutes, court rules and case law, it provides that in computing the time period for granting access, the day the completed request is received is not included in the computation, but the last day of the period so computed is to be included. This section also clarifies that a request is not complete until all necessary information is provided by the requester and any applicable deposit or prepayment of fees is paid.

Subchapter 3. Confidentiality

Proposed new subchapter 3 contains a list of records deemed by the Attorney General to be confidential and not subject to public access under the provisions of N.J.S.A. 47:1A-1 et seq. as amended and supplemented. This subchapter is proposed under the authority of Executive Order No. 9 (Hughes 1963). That Executive Order authorized the head or principal executive of each principal department of State government to adopt and promulgate regulations setting forth which records of the department shall not be deemed public records. The regulations apply to all divisions within the department as well as those assigned or allocated to the department, commonly known as "in but not of" agencies. Proposed new N.J.A.C. 13:1E-3.1 describes the scope and applicability of the subchapter.

Proposed new N.J.A.C. 13:1E-3.2 sets forth those records of the Department that are not deemed government records for the purposes of N.J.S.A. 47:1A-1 et seq. as amended and supplemented. Proposed paragraph (a)1 includes records of complaints and investigations undertaken pursuant to the State Policy Prohibiting Discrimination, Harassment and Hostile Work Environments in the Workplace, whether the investigation is open, closed or inactive. Proposed paragraph (a)2 includes Standard Operating Procedures and training materials. Proposed paragraph (a)3 includes records of background investigations for public employment, licensing or appointment to public office, whether open, closed or inactive. Proposed paragraph (a)4 includes records which may reveal the identity of a confidential informant or source, or reveal an agency's surveillance or investigative techniques. Proposed paragraph (a)5 includes records in connection with discipline, discharge, employee performance, evaluation or other related activities, whether open, closed or inactive. Proposed paragraph (a)6 includes any inventory of State and local law enforcement resources and any plans or policies compiled by an agency for emergency response purposes, including employee contact information. Proposed paragraph (a)7 includes records concerning collective negotiations. Proposed paragraph (a)8 includes proprietary administrative, technical or other information created by or for the department or acquired from third parties under a license or contract. Proposed paragraph (a)9 includes information concerning individuals, such as medical and psychiatric information, homes addresses and telephone numbers, personal contact information that is part of an investigation, tax return information, personal financial information, except as required by law to be disclosed, information concerning fitness for licensing except as required by law to be disclosed, and employment documents related to employment of an individual by private or public employers except for that information specified in the statute as public. Proposed paragraph (a)10 includes test questions, scoring keys and examination data pertaining to examination for public employment or licensing. Proposed paragraph (a)11 includes records of mediation proceedings. Proposed paragraph (a)12 includes reports and recommendations of advisory groups or committees appointed by the Attorney General. Proposed paragraph (a)13 includes the duty assignment of an individual law enforcement officer or any personally identifiable information that may reveal or lead to information that may reveal such duty assignment. Proposed paragraph (a)14 includes records received by the Department or its agencies from other public agencies to the extent the record is made confidential by the submitting agency as authorized by law. Proposed paragraph (a)15 includes records of the Department in the custody of the Office of Information Technology or the Division of Archives and Records Management.

Because a 60-day comment period has been provided on this notice of proposal, this notice is excepted from the rulemaking calendar requirement of N.J.A.C. 1:30-3.3(a)5.



Social Impact

The proposed new rules implement the requirements of N.J.S.A. 47:1A-1 et seq. as amended and supplemented by P.L. 2001, c.404. The proposed new rules will have a positive social impact by establishing a procedure for public access to government records held or controlled by the Department of Law and Public Safety. The law requires that government records be readily accessible for inspection, copying or examination by citizens of this State unless exempt by law or regulation, but also calls upon a public agency to safeguard from public access a citizen's personal information with which it has been entrusted when disclosure would violate the citizen's reasonable expectation of privacy. The proposed new rules attempt to balance the competing policies in the statute and to exclude records where it would not be in the public interest to permit unqualified access to certain records. The proposed new rules provide safeguards to protect the investigative and law enforcement functions of the Department to ensure due process to citizens as well as effective and thorough operations.



Economic Impact

The proposed new rules will not have an economic impact on the public in excess of that provided by the statute. Persons requesting access to government records will be required to pay the fees authorized by the statute for copies of records. The proposed rules do not impose any additional costs. The cost incurred will depend on the type and volume of records requested and the medium of delivery. The Department will incur costs in processing requests for access to government records in the time set by the act.



Federal Standards Statement

A Federal standards analysis is not required because the proposed new rules are not subject to any Federal standards. The Federal Freedom of Information Act, 5 U.S.C. 550a et seq., does not apply to records of State government and does not constitute a Federal standard.



Jobs Impact Statement

The proposed new rules will not have an impact on the number of jobs generated or lost in the private sector in New Jersey. They may, however, require public agencies in this State to increase the number of employees designated to respond to requests for public access to government records.



Agriculture Industry Impact

The proposed new rules will not have an impact on the agriculture industry in New Jersey.



Regulatory Flexibility Analysis

The proposed new rules do not impose reporting or recordkeeping requirements on small businesses, as defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The proposed new rules impose compliance requirements on all persons seeking access to government records pursuant to N.J.S.A. 47:1A-1 et seq. as amended and supplemented. All persons, including small businesses, will be required to submit requests for access to government records on a form approved by the Department. The statute requires the custodian of records to adopt a form for access to records. There is no exception for small businesses. The statute authorizes fees for copies of government records. There is no exception for small businesses. The cost depends on the number of copies requested. The proposed new rules provide that the fee will be the maximum set forth in the statute or a fee authorized by the statute that does not exceed the actual cost of providing the record. The cost to the department of providing the record does not depend on whether the requester is a small business.



Smart Growth Impact

The proposed new rules will not have an impact on the achievement of smart growth or implementation of the State Development and Redevelopment Plan.



Full text of the proposed new rules follows:









SUBCHAPTER 2 GOVERNMENT RECORDS

13:1E-2.1 Scope and applicability

The rules in this subchapter apply to the Department of Law and Public Safety and all divisions and agencies in the Department, including those agencies allocated to the Department to satisfy the requirements of Article V, Section 4, Paragraph 1 of the New Jersey Constitution, commonly known as "in but not of" agencies.



13:1E-2.2 Custodian of records

(a) Pursuant to P.L. 2001, c. 404, the Attorney General shall designate a custodian of records for the Department of Law and Public Safety, who shall be responsible for requests for access to government records of the Office of the Attorney General.



(b) Each Division director, agency director or governing body, as the case may be, shall designate a custodian of records or designee who shall be responsible for requests for access to records held or controlled by that division or agency.

(c) The address and other contact information for each records custodian shall be posted on the Department of Law and Public Safety web site at www.lps.state.nj.us and otherwise made available to the public.



13:1E-2.3 Requests for government records

(a) All requests for access to government records pursuant to N.J.S.A. 47:1A-1 et seq., as amended and supplemented, held or controlled by the Department of Law and Public Safety or a Division or agency thereof, shall be in writing on a form approved by the Department. For the purposes of this chapter, access means inspection, examination or copying.



(b) The requester shall provide the following information on the form:

1. The name, address, and telephone number of the requester;

2. A brief description of the government record sought, method of access (inspection, examination or copies), and if copies are sought, the medium requested and mode of delivery; and

3. Date submitted to the division or agency custodian.

(c) The request form shall also include an identified space for:

1. The custodian to indicate whether the request is granted or denied;

2. Specific directions and procedures for requesting a record;

3. A statement as to whether and when prepayment of fees or a deposit is required and the fees to be charged;

4. The time period within which the public agency is required to make the record available;

5. The custodian to sign and date the form;

6. A statement of the requester's right to challenge a decision by the custodian to deny access;

7. The reasons for a denial of a request, in whole or in part;

8. The procedures for challenging a denial of access.

9. The custodian to indicate whether the requester has agreed to grant an extension of time;

10. A certification by the requester that he or she has or has not been convicted of an indictable offense under the laws of this State, any other state or the United States; and

11. The toll free number of the Government Records Council.



(d) Copies of the request form shall be available at the office of the Department custodian, all division and agency offices, on the department web site, and division or agency website, if any.





13:1E-2.4 Procedures for requests

(a) Request forms shall be hand-delivered during normal business hours of the public agency, mailed, or transmitted electronically by the requester to the appropriate division or agency custodian of records. Submission of requests by facsimile transmission is not permitted.

(b) Any officer or employee of a division or agency who receives a request for access to a government record of that division or agency shall direct the requester to the division or agency custodian.

(c) Upon receipt of the completed request form, the custodian shall review the request form for clarity and completeness. If the request form is unclear as to the required information, the custodian shall advise the requester of the deficiency, provided contact information is included on the form. The custodian may require the requester to provide additional information to identify the record or to ascertain the requester's identity and status to determine whether access is authorized. The custodian shall deny a request for access if the request is unclear or incomplete. A request shall not be deemed complete until any required deposit or prepayment is received by the custodian.

(d) The custodian shall estimate the cost of providing the records and may require the payment of a deposit under the circumstances set forth in N.J.A.C. 13:1E-2.5. Payment shall be made by cash, check or money order payable to the State of New Jersey. Except as provided otherwise by law or regulation, costs shall be those set forth in N.J.S.A. 47:1A-1 et seq., as amended and supplemented. The custodian shall charge an additional fee representing the cost of postage on records delivered by mail or the cost of any other method of delivery requested by the requester.

(e) The custodian shall sign and date the request form, enter the estimated fee and provide the requester with a copy.

(f) No fee shall be required for inspecting or examining government records, except where a special service charge is permitted under N.J.S.A. 47:1A-5(c).

(g) Upon request, a custodian may allow requesters to use their own equipment to copy government records, provided that it will not disrupt the business operations of the agency and will not endanger the public records. A special fee may be charged to a requester as permitted under N.J.S.A. 47:1A-5(c)



13:1E-2.5 Deposit for fees

(a) The custodian may require a deposit equal to 100 percent of the estimated cost if the estimated cost exceeds $5.00.

(b)If the estimated cost of a record request exceeds $25.00, the custodian may require a deposit of 50 percent of the estimated cost, with the balance payable upon delivery of the records to the requester.



13:1E-2.6 Delivery of records

The custodian shall notify the requester when the records are available and shall collect all fees and charges due, less any deposit required under section 2.5, prior to delivery of copies.

13:1E-2.7 Failure to respond

Except as provided in N.J.A.C. 13:1E-2.8 or 2.9, if a custodian fails to grant or deny a request within seven business days after receiving the request or such additional time as may be allowed by law or these rules or as may be agreed to by the requester, the failure to respond shall be deemed a denial of the request, unless the requester has elected not to provide a name, address, telephone number or other means of contact. If the requester has elected not to provide contact information, the custodian shall not be required to respond until seven business days after the requester reappears before the custodian seeking a response to the original request.

13:1E-2.8 Stored records

If the requested record is in storage, the custodian shall so advise the requester within seven business days after the custodian receives the request. The custodian shall advise the requester of the date when the record will be made available. If the record is not made available by the identified date, the request shall be deemed denied.



13:1E-2.9 Requests for copies of a government record in a specified medium

(a)Unless otherwise specifically requested, copies of records shall be provided in printed form on ordinary business size paper. The requester may request that the agency provide a copy of a record in a specific medium. If the agency maintains the government record in the medium requested, the custodian shall provide the record in that medium.

(b) If the agency does not maintain the government record in the medium requested, the custodian shall convert the record to the medium requested if reasonable or provide a copy in some other meaningful medium. If a requester asks for copies of a record in a medium not routinely used by the agency, not routinely developed or maintained by the agency, or requiring a substantial amount of manipulation or programming of information technology, the custodian may charge, in addition to the actual cost of duplication, a special charge which shall be reasonable and shall be based upon the cost of any extensive use of information technology or for the labor cost of providing the service actually incurred. The requester shall be given the opportunity to review and object to the charge prior to its being incurred. If the requester objects to the charge and refuses to withdraw the request, the custodian may deny the request after attempting to reach a reasonable solution that accommodates the interests of the requester and the agency.

(c) Whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined or copied is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the division or agency may charge, in addition to the actual cost of duplicating the record, a special service charge that shall be reasonable and shall be based upon the actual direct cost of providing the copy or copies. The requester shall have the opportunity to review and object to the charge prior to its being incurred. If the requester objects to the charge and refuses to withdraw the request, the custodian may deny the request after attempting to reach a reasonable solution that accommodates the interests of the requester and the agency.



13:1E-2.10 Computation of time

(a) In computing any time period under N.J.S.A. 47:1A-1 et seq. as amended and supplemented and this chapter, the business day a completed request for access form is received shall not be included. The last business day of the period so computed shall be included.

(b) For the purposes of N.J.S.A. 47:1A-1 et seq. as amended and supplemented and this chapter, a request for access to government records is deemed to be complete when the requester provides the information required by N.J.A.C. 13:1E-2.3 and pays any deposit required by N.J.A.C. 13:1E-2.5.



SUBCHAPTER 3. CONFIDENTIALITY OF RECORDS



13:1E-3.1 Scope and applicability

The rules in this subchapter apply to the Department of Law and Public Safety and all divisions and agencies in the Department, including those agencies allocated to the Department to satisfy the requirements of Article V, Section 4, Paragraph 1 of the New Jersey Constitution, commonly known as "in but not of" agencies.



13:1E-3.2 Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions of N.J.S.A. 47:1A-1 et seq., as amended and supplemented, any other law, regulation promulgated under the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of the Governor, Rules of Court, or any Federal law, Federal regulation or Federal order, the following records shall not be considered government records subject to public access pursuant to N.J.S.A. 47:1A-1 et seq., as amended and supplemented:

1. Records of complaints and investigations undertaken pursuant to the Model Procedures for Internal Complaints Alleging Discrimination, Harassment or Hostile Environments in accordance with the State Policy Prohibiting Discrimination, Harassment and Hostile Environments in the Workplace adopted by Executive Order No. 106 (Whitman 1999), whether open, closed or inactive;

2. Standard Operating Procedures and training materials;

3. Records concerning background investigations or evaluations for public employment, appointment to public office or licensing, whether open, closed or inactive;

4. Records which may reveal the identity of a confidential informant, a confidential source, a citizen informant, or an agency's surveillance, security or investigative techniques or procedures or undercover personnel;

5. Records relating to or which form the basis of discipline, discharge, promotion, transfer, employee performance, employee evaluation or other related activities, whether open, closed or inactive;

6. Any inventory of State and local law enforcement resources compiled and any policies or plans compiled by an agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, including employee emergency contact information;

7. Records pertaining to the collective negotiations process;

8. Administrative, technical or other information, including software, source code, operating protocols, and manuals created by employees or consultants for the use of the Department or its agencies or acquired from third parties pursuant to contract or license;

9. Information concerning individuals as follows:

i. Information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation;

ii. Home addresses, home telephone numbers, personal e-mail addresses or other personal contact information;

iii. Information compiled and identifiable as part of an inquiry or investigation into a possible violation of law, civil or criminal, except to the extent necessary to prosecute the violation or continue the investigation, whether open, closed or inactive;

iv. Information in a personal income or other tax return;

v. Information describing a natural person's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or credit worthiness, except as required by law to be disclosed;

vi. Information compiled as part of an inquiry into an individual's fitness to be granted or retain a license, other than disciplinary history with the licensing agency;

vii. Employment related documents and information related to the employment of any individual, whether employed by a private employer or governmental body, including but not limited to information related to an individual's employment history (except as necessary to demonstrate compliance with requirements for a particular government position); information comprising a personal recommendation or evaluation; information contained in or derived from personnel records or files; and records of complaints and internal investigations related to discipline, discharge, promotion, transfer, employee performance and employee evaluation. The personnel or pension records of any individual in the possession of the Department, including but not limited to records relating to any grievance filed by or against an individual, shall not be considered a government record and shall be not made available for public access, except for the following:

(1)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 pension received;

(2)Personnel or pension records of any individual shall be accessible when required to be disclosed by another law, when disclosure is essential to the performance of official duties of a person duly authorized by this State or the United States, or when authorized by an individual in interest; and

(3)Data contained in information which disclose conformity with specific experiential, educational or medical qualifications required for government employment or for receipt of a public pension, but not including any detailed medical or psychological information;

10. Test questions, scoring keys and other examination data pertaining to the administration of an examination or an application for public employment or licensing;

11. Records, including final agreements, relating to mediation proceedings conducted by or on behalf of a public agency; and

12. Reports, recommendations, studies and other records of advisory groups or committees formed by the Attorney General.

13. The duty assignment of an individual law enforcement officer or any personally identifiable information that may reveal or lead to information that may reveal such duty assignment;

14. Records of another public agency in the possession of the Department of Law and Public Safety or any division or agency in or allocated to the Department when those records are made confidential by that public agency under N.J.S.A. 47:1A-1 et seq. as amended and supplemented or by any other law, regulation promulgated under the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of the Governor, Rules of Court, or any Federal law, Federal regulation or Federal order.

15. Records of this Department or any agency allocated to this Department in the custody of the Office of Information Technology (OIT) or the State Records Storage Center of the Division of Archives and Records Management (DARM) in the Department of State. Such records shall remain the legal property of this agency and be accessible for inspection or copying only through a request to the proper custodian of this Department or agency allocated to this Department. In the event that records of this Department or any agency allocated to this department have been or shall be transferred to and accessioned by the State Archives in the Division of Archives and Records Management, all such records shall become the legal property of the State Archives, and requests for access to them shall be submitted directly to the State Archives.





Date:

David Samson , Attorney General

and Chair of the Executive Board,

Juvenile Justice Commission







Date:

Rita L. Strmensky, Executive Director

Executive Commission on Ethical Standards















Date:

Frederick M. Herrmann, Ph.D., Executive Director

Election Law Enforcement Commission















Date:

Jacob C. Toporek, Chairman

Victims of Crime Compensation Board