Dear Mr. Grimes 

The Borough of Madison received your Open Public Records Act (OPRA)
request on January 25, 2023. The official Records Custodian, Elizabeth
Osborne, received your OPRA request on January 25, 2023.  As such, the
seven (7) business day deadline to respond to your request is February 3,
2023.  This response to your request is being provided to you on the -0-
business day after the custodian’s receipt of said request. 

Your OPRA request sought access to the following: 

             All emails concerning wheelchair access, handicap entrance. 

This request seeks information or asks questions and does not identify
specific government records.  Requests must be as specific as possible
identifying type of records, dates, parties to correspondences, subject
matter, etc.

As such, your request is an invalid OPRA request and is denied.  When a
request is “complex” because it fails to specifically identify the
documents sought, then that request is not “encompassed” by OPRA. See New
Jersey Builders Association v. New Jersey Council on Affordable Housing,
390 N.J.Super. 166, 180 (App. Div. 2007).  A proper request under OPRA
must identify with reasonable clarity those documents that are desired,
and a party cannot satisfy this requirement by simply requesting all of an
agency's documents.  See Bent v. Stafford Police Department, 381
N.J.Super. 30, 37 (App. Div.  2005). Custodians are not required to
conduct research or create new records in response to an OPRA request.   

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Borough of Madison to deny access.
At your option, you may either institute a proceeding in the Superior
Court of New Jersey or file a complaint with the Government Records
Council (GRC) by completing the Denial of Access Complaint Form.  You may
contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O.
Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their
web site at www.state.nj.us/grc. The GRC can also answer other questions
about the law.  All questions regarding complaints filed in Superior Court
should be directed to the Court Clerk in your County. 

Sincerely,  

Elizabeth Osborne 

Borough Clerk 

[Madison Borough request email] 

973-593-3041 

══════════════════════════════════════════════════════════════════════════

From: Edward Grimes <[OPRA #39564 email]>
Sent: Tuesday, January 24, 2023 10:24 PM
To: Elizabeth Osborne <[email address]>
Subject: OPRA request - All emails containing wheelchair, handicap
entrance
 
CAUTION: This email has originated from outside of the organization. Do
not click links or open attachments unless you recognize the sender and
know the content is safe.

Dear Madison Borough,

This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
  Records requested:

All emails concerning wheelchair access, handicap entrance.

Yours faithfully,

Edward Grimes
SativaCross.org 501c3
9086160682

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Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #39564 email]

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