Robert F. Edwards v. Housing Authority of Plainfield (Union), 2008-183 & 2009-259 – Supplemental Findings and
Recommendations of the Executive Director
7
moving party must show that the court acted in an arbitrary, capricious or
unreasonable manner. D'Atria,
supra, 242 N.J. Super. at 401. ‘Although it
is an overstatement to say that a decision is not arbitrary, capricious, or
unreasonable whenever a court can review the reasons stated for the
decision without a loud guffaw or involuntary gasp, it is not much of an
overstatement.’ Ibid.” In The Matter Of The Petition Of Comcast
Cablevision Of South Jersey, Inc. For A Renewal Certificate Of Approval
To Continue To Construct, Operate And Maintain A Cable Television
System In The City Of Atlantic City, County Of Atlantic, State Of New
Jersey, 2003 N.J. PUC LEXIS 438, 5-6 (N.J. PUC 2003).
In support of his request for reconsideration, the Complainant submitted several
documents that he has previously submitted to the GRC on numerous occasions. These
records were submitted as part of both complaints, the GRC’s referral to OAL and as part
of the Complainant’s objections to the ALJ’s February 6, 2012 Initial Decision. Thus,
based on the multiple times the Complainant has submitted the same documents, it is
clear that these documents do not constitute “new evidence.”
12
Regarding the Complainant’s request for reconsideration and amendment thereto,
the Complainant requested that the GRC reconsider its April 25, 2012 Final Decision
based on a mistake, extraordinary circumstances, fraud, new evidence and illegality. The
Complainant contended that the GRC and ALJ essentially ignored numerous facts
indicating that the Custodian knowingly and willfully violated OPRA. The Complainant
further contended that the GRC and ALJ erroneously determined that his OPRA requests
were invalid under OPRA.
As previously stated in the Council’s April 25, 2012 Final Decision:
“The
ultimate
determination
of
the
agency
and
the
ALJ’s
recommendations must therefore be accompanied by basic findings of fact
sufficient to support them. State, Dep’t of Health v. Tegnazian, 194 N.J.
Super. 435, 442-43 (App. Div. 1984). The purpose of such findings ‘is to
enable a reviewing court to conduct an intelligent review of the
administrative decision and determine if the facts upon which the order is
grounded afford a reasonable basis therefor.’ Id. at 443.” Id. at pg. 13.
In determining whether to adopt the ALJ’s Initial Decision, the GRC looked to the
preponderance of the credible evidence weighed by the ALJ, who stated that he
“carefully considered the whole of the record and credible evidence and observed the
witnesses’ demeanor to determine whether the [C]ustodian … for [the PHA] unlawfully
denied [the Complainant] access to government records and, if so, whether the conduct
knowingly and willfully violated OPRA and unreasonably denied access under the
totality of the circumstances.” ALJ’s Initial Decision dated February 6, 2012 at pg. 7.
13
12
On its reconsideration form, the Council explicitly defines new evidence as “… evidence that could not
have been provided prior to the Council’s Decision because the evidence did not exist at the time.”
(Emphasis in original).
13
The GRC notes that the Complainant provided the ALJ with the same submissions that he provided to the
GRC in his request for reconsideration.
Robert F. Edwards v. Housing Authority of Plainfield (Union), 2008-183 & 2009-259 – Supplemental Findings and
Recommendations of the Executive Director
8
This evidence included testimony from the Custodian, [Mr.] Lewis Hurd (“Mr. Hurd”),
Executive Assistant to the PHA, and the Complainant. In fact, all arguments asserted by
the Complainant herein and previously set forth in his objections to the Initial Decision
were weighed by the ALJ. Id. at pg. 7-12. Further, the GRC copied directly into its Final
Decision excerpts from the ALJ’s Initial Decision and extensively discussed how the
ALJ’s Initial Decision weighed and rejected the Complainant’s objections. See Council’s
April 25, 2012 Final Decision at pg. 11-13.
The Complainant participated in a hearing before the ALJ and submitted all
relevant evidence and testimony that he presented to the GRC, both herein and previously
as part of the Complainant’s objections to the ALJ’s Initial Decision, yet, the ALJ
rejected the Complainant’s assertions and held that:
“I CONCLUDE that the [PHA] and its custodian did not unlawfully deny
[the Complainant] access to the records, because [the Complainant’s]
requests were invalid under OPRA.
I further CONCLUDE that [the Complainant] failed to meet the standard
for a proper OPRA request, where the request sought documents that were
not readily identifiable, and was of the nature of a blanket request for a
class of various documents.
Although [the Custodian] failed to respond to [the Complainant’s] second
OPRA request, which is “deemed” a denial of that request, I
CONCLUDE that imposition of a civil penalty is inappropriate, because
neither the [C]ustodian nor any other official knowingly and willfully
violated OPRA or unreasonably denied access under the totality of the
circumstances.” (Emphasis in original). Id.
That the Complainant is dissatisfied with the ALJ’s Initial Decision and the GRC’s
adoption of such Decision does not meet the standard for reconsideration. See Comcast,
supra.
Therefore, the Complainant failed to submit any new evidence in support of his
motion. As the moving party, the Complainant was required to establish either of the
necessary criteria set forth above; namely 1) that the GRC's decision is based upon a
"palpably incorrect or irrational basis" or 2) it is obvious that the GRC did not consider
the significance of probative, competent evidence. See Cummings, supra. The
Complainant failed to do so. The Complainant has also failed to show that the GRC acted
arbitrarily, capriciously or unreasonably in adopting the ALJ’s February 6, 2012 Initial
Decision. See D’Atria, supra. Notably, the Complainant submitted documents and
arguments that the Complainant previously provided to both the ALJ and GRC. Further,
the Complainant failed to present any evidence that was not available at the time of the
Council’s adjudication which would change the substance of the Council’s decision.
Therefore, the Complainant’s request for reconsideration should be denied
because the Complainant has failed to establish in his request for reconsideration of the
Council’s April 25, 2012 Final Decision that 1) the GRC's decision is based upon a