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Open Government Advocacy Project:
Dunellen Parking Authority -- lack of 2008 records

Issue Detail:

Please accept this as my request for government records in accordance with the Open Public Records Act (OPRA) and the common law right of access. Please respond and send all responsive documents to me via e-mail at paff@pobox.com. If e-mail is not possible, please fax responses and responsive records to me at 908-325-0129. Also, I would appreciate it if you would acknowledge your receipt of this e-mail. Background: At the link below is an August 30, 2010 letter from the Dunellen Parking Authority\'s auditor, which I just received a copy of today. Relevant is the following paragraph which is on the first page of that letter: \"Because of the inadequacy of accounting system and records for the year ended December 31, 2008, we are unable to form an opinion regarding the amounts at which accounts receivable, accounts payable and deferred parking permit revenues are recorded/not recorded on the balance sheet or accompanying financial statements. The respective amounts are unknown.\" This passage strikes me as being significant because it says, in essence, that the Parking Authority, which reported $631,305 in net assets and had $124,798 in cash and equivalents on hand as of December 31, 2009, didn\'t keep proper financial records during 2008. N.J.A.C. § 5:31-7.7 provides that whenever \"an illegal act, shortage or irregularity\" is detected \"the Division shall be notified at once by means of a special confidential report.\" This \"confidential report\" is apparently intended to be filed by the auditor. While I don\'t have any evidence that anything \"illegal\" occurred, the failure of the Authority to keep proper financial records during 2008 seems to at least be an \"irregularity\" that should have been reported by the auditor to the Division. I realize that the Division will probably take the position that the \"confidential report\" is not discloseable under the Open Public Records Act. But, even it it is exempt under OPRA, the common law gives citizens a right to records where the public interest in disclosure exceeds the government\'s interest in confidentiality. It seems to me that knowing whether this \"irregularity\" was reported to the Division, and the Division\'s response to it is of vital public interest. Without this information, the public might lose confidence in the Division\'s and auditor\'s willingness to report and act upon financial irregularities involving public money. Records Requested: 1. Any report the Division received regarding the Dunellen Parking Authority\'s apparent lack of financial records during 2008. 2. Any \"supplements or preliminary reports\" filed in this matter, as required by N.J.A.C. § 5:31-7.7(b)(2) 3. All records related to the disposition of this matter.




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New Jersey Libertarian Party Open Government Advocacy Project: Dunellen Parking Authority -- lack of 2008 records. October 17, 2011.
URL: http://ogtf.lpcnj.org/2011289UU/
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