Opinion
DOCKET NO. A-1404-14T2
06-29-2016
BRIAN KILLION, Appellant, v. HAMMONTON POLICE DEPARTMENT (ATLANTIC), Respondent.
Brian Killion, appellant pro se. Brian G. Howell, attorney for respondent Hammonton Police Department. Christopher S. Porrino, Acting Attorney General, attorney for respondent Government Records Council (Debra A. Allen, Deputy Attorney General, on the statement in lieu of brief).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Before Judges Fisher and Fasciale. On appeal from the Government Records Council, Complaint No. 2013-228. Brian Killion, appellant pro se. Brian G. Howell, attorney for respondent Hammonton Police Department. Christopher S. Porrino, Acting Attorney General, attorney for respondent Government Records Council (Debra A. Allen, Deputy Attorney General, on the statement in lieu of brief). PER CURIAM
Brian Killion appeals the Government Records Council's final decision, which held that OPRA did not require the Hammonton Police Department to turnover public documents he requested, arguing:
The Open Public Records Act, N.J.S.A. 47:1A-1 to -13. --------
I. DENIAL OF ACCESS WAS NOT PROVEN TO BE AUTHORIZED BY LAW THUS DENYING MR. KILLION LEGAL ACCESS TO RECORDS AS PROVIDED FOR BY OPRA:
A. Improperly Denying Mr. Killion Access To Public Records When No Record Of A Conviction Of An Indictable Offense Existed.
B. Citing The Criminal Investigatory Records Exemption On Non-Exempt Records.
We find insufficient merit in these arguments to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We add only the following brief comments.
II. THE GRC ERRED BY NOT PROCEEDING IN AN EXPEDITED AND SUMMARY MANNER THUS DENYING MR. KILLION A LAWFUL PROCEEDING AS PROVIDED FOR IN N.J.S.A. 47:1A-6 AND 47:1A-7E.
III. CUSTODIAN WILLFULLY AND KNOWINGLY VIOLATED OPRA THUS DENYING MR. KILLION IMMEDIATE ACCESS TO REQUESTED RECORDS AND A SUMMARY PROCEEDING.
The record on appeal discloses that Killion was convicted of multiple sexual assault charges and sentenced to a lengthy prison term. In its opinion, the GRC referred to N.J.S.A. 47:1A-2.2, which permits the denial of a convicted person's request for public records "containing personal information pertaining to the person's victim or the victim's family." Although, as the GRC noted, Killion was not convicted until after serving his OPRA request, the GRC, in applying its expertise in such matters, concluded that the privacy interests of the victim and the victim's family presented a valid ground for denial of Killion's request. Killion has provided us with no principled reason to second-guess the GRC.
Affirmed. I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION