Mr. Gavin Rozzi

Rozzi Media Group

P.O. Box 32

Lanoka Harbor, NJ 08734 

 

Re: OPRA Request Dated November 15, 2017

 

Dear Mr. Rozzi:

 

The Office of the State Comptroller (OSC) received your Open Public
Records Act (OPRA) request by email on November 15, 2017. As such, the
seven (7) business day deadline to respond to your request is November 27,
2017. This response is being provided to you on November 20, 2017, the
third business day after the custodian’s receipt of said request.

 

Your OPRA request sought access to the following documents:

 

“Please provide copies of all executed settlement and mutual release
agreements received by the New Jersey State Comptroller's Office as a part

of the Ocean County Recipient Voluntary Disclosure program from August
1st, 2017 to November 15th, 2017.”

 

The Office of the State Comptroller is granted broad power under its
enabling legislation, N.J.S.A. 52:15B-1 et seq., to conduct investigations
independently or jointly with other agencies, relating to the fraud,
waste, abuse or mismanagement of State funds.  The State Comptroller’s
authority also extends to investigating fraud, waste and abuse within the
Medicaid program.  See N.J.S.A. 30:4D-54.  Further, pursuant to N.J.S.A.
30:4D-57, the State Comptroller is authorized “to coordinate activities to
prevent, detect, and investigate Medicaid fraud and abuse” among various
government agencies.  When conducting an investigation, the State
Comptroller is required to maintain the confidentiality of even the
existence of the investigation.  See, e.g., N.J.S.A. 52:15B-9, -12, -13. 
OPRA provides a mechanism for maintaining the confidentiality of
investigations in progress, N.J.S.A. 47:1A-3, and specifically recognizes
confidentiality provisions contained in any other statute, such as the
Comptroller statute referenced above, N.J.S.A. 47:1A-9.  For these
reasons, the Office of the State Comptroller is unable to affirm or deny
the existence of any investigation.  Thus, even if records responsive to
your request did exist, these records would be confidential and exempt
from production under OPRA.  For these reasons, your request is denied. 

 

 

Very truly yours,

 

Robert Shane

Records Custodian

 

 

The information contained in this communication (e-mail message and/or
attachments) from the Office of the State Comptroller may be legally
privileged and/or confidential. If you are not the intended recipient of
this transmission and have received this communication in error, do not
review, transmit, copy, convert, use, disseminate or distribute the
information in this e-mail or any attachments. Instead, please delete this
transmission and notify the Office of the State Comptroller immediately by
phone at (609) 984-2888.

 

 

 

 

 

Dear New Jersey State Comptroller's Office,

 

This is a request for public records made under OPRA and the common law
right of access. I certify under penalty of NJSA 2C:28-3 that I have not
been convicted of an indictable offense. Please acknowledge receipt of
this message.

  Records requested:

 

Please provide copies of all executed settlement and mutual release
agreements received by the New Jersey State Comptroller's Office as a part
of the Ocean County Recipient Voluntary Disclosure program from August
1st, 2017 to November 15th, 2017.

 

Yours faithfully,

 

Gavin Rozzi

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[1][OPRA #88 email]

 

Is [2][OSC request email] the wrong address for Open Public Records Act
requests to New Jersey State Comptroller's Office? If so, please contact
us using this form:

[3]https://urldefense.proofpoint.com/v2/url...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]https://urldefense.proofpoint.com/v2/url...

 

If you find this service useful as an OPRA officer, please ask your web
manager to link to us from your organisation's OPRA page.

 

 

-------------------------------------------------------------------

 

 

References

Visible links
1. mailto:[OPRA #88 email]
2. mailto:[OSC request email]
3. https://urldefense.proofpoint.com/v2/url...
4. https://urldefense.proofpoint.com/v2/url...

Dear Mr. Rozzi:

 

Please allow this email to supplement my below response.  Your OPRA
Request also sought records pursuant to the common law right of access. 
However, because the OSC’s interest in protecting confidential records
from disclosure outweighs the requestor’s interest in accessing such
records, your request for access under the common law is also denied.

 

Thank you,

 

Robert Shane   

Records Custodian

 

From: Shane, Robert
Sent: Monday, November 20, 2017 11:23 AM
To: '[email address]' <[email address]>; 'Gavin Rozzi'
<[OPRA #88 email]>
Subject: OPRA Request Dated November 15, 2017
Importance: High

 

Mr. Gavin Rozzi

Rozzi Media Group

P.O. Box 32

Lanoka Harbor, NJ 08734 

 

Re: OPRA Request Dated November 15, 2017

 

Dear Mr. Rozzi:

 

The Office of the State Comptroller (OSC) received your Open Public
Records Act (OPRA) request by email on November 15, 2017. As such, the
seven (7) business day deadline to respond to your request is November 27,
2017. This response is being provided to you on November 20, 2017, the
third business day after the custodian’s receipt of said request.

 

Your OPRA request sought access to the following documents:

 

“Please provide copies of all executed settlement and mutual release
agreements received by the New Jersey State Comptroller's Office as a part

of the Ocean County Recipient Voluntary Disclosure program from August
1st, 2017 to November 15th, 2017.”

 

The Office of the State Comptroller is granted broad power under its
enabling legislation, N.J.S.A. 52:15B-1 et seq., to conduct investigations
independently or jointly with other agencies, relating to the fraud,
waste, abuse or mismanagement of State funds.  The State Comptroller’s
authority also extends to investigating fraud, waste and abuse within the
Medicaid program.  See N.J.S.A. 30:4D-54.  Further, pursuant to N.J.S.A.
30:4D-57, the State Comptroller is authorized “to coordinate activities to
prevent, detect, and investigate Medicaid fraud and abuse” among various
government agencies.  When conducting an investigation, the State
Comptroller is required to maintain the confidentiality of even the
existence of the investigation.  See, e.g., N.J.S.A. 52:15B-9, -12, -13. 
OPRA provides a mechanism for maintaining the confidentiality of
investigations in progress, N.J.S.A. 47:1A-3, and specifically recognizes
confidentiality provisions contained in any other statute, such as the
Comptroller statute referenced above, N.J.S.A. 47:1A-9.  For these
reasons, the Office of the State Comptroller is unable to affirm or deny
the existence of any investigation.  Thus, even if records responsive to
your request did exist, these records would be confidential and exempt
from production under OPRA.  For these reasons, your request is denied. 

 

 

Very truly yours,

 

Robert Shane

Records Custodian

 

 

The information contained in this communication (e-mail message and/or
attachments) from the Office of the State Comptroller may be legally
privileged and/or confidential. If you are not the intended recipient of
this transmission and have received this communication in error, do not
review, transmit, copy, convert, use, disseminate or distribute the
information in this e-mail or any attachments. Instead, please delete this
transmission and notify the Office of the State Comptroller immediately by
phone at (609) 984-2888.

 

 

 

 

 

Dear New Jersey State Comptroller's Office,

 

This is a request for public records made under OPRA and the common law
right of access. I certify under penalty of NJSA 2C:28-3 that I have not
been convicted of an indictable offense. Please acknowledge receipt of
this message.

  Records requested:

 

Please provide copies of all executed settlement and mutual release
agreements received by the New Jersey State Comptroller's Office as a part
of the Ocean County Recipient Voluntary Disclosure program from August
1st, 2017 to November 15th, 2017.

 

Yours faithfully,

 

Gavin Rozzi

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[1][OPRA #88 email]

 

Is [2][OSC request email] the wrong address for Open Public Records Act
requests to New Jersey State Comptroller's Office? If so, please contact
us using this form:

[3]https://urldefense.proofpoint.com/v2/url...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[4]https://urldefense.proofpoint.com/v2/url...

 

If you find this service useful as an OPRA officer, please ask your web
manager to link to us from your organisation's OPRA page.

 

 

-------------------------------------------------------------------

 

 

References

Visible links
1. mailto:[OPRA #88 email]
2. mailto:[OSC request email]
3. https://urldefense.proofpoint.com/v2/url...
4. https://urldefense.proofpoint.com/v2/url...