Dear Mr. Duff:

Please accept this response to your OPRA request dated February 10, 2022, at 9:42 a.m., wherein you requested "[a]ll emails sent or received by any employee of official of the Bridge Commission with [email address] from 10-15-21 through Today."

In response, please note that your request is denied, particularly where it requests all emails from any employee or official of the Commission, and no employee or official in particular, and without regard to the content and/or the subject matter of the emails.

In particular, it is well-settled that an OPRA requestor "must specifically describe the document sought ... and 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." Elcavage v. West Milford Township, NJGRC Complaint No. 2009-07, (April 8, 2010 decision). "Under OPRA, agencies are required to disclose only 'identifiable' government records not otherwise exempt ... In short, OPRA does not countenance open-ended searched of an agency's files." Elcavage, at page 4, citing MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super 534, 546 (App. Div. 2005).

The records sought must therefore be specifically identifiable government records, and in accordance with law, "in order to specifically identify an email, OPRA requests must contain (1) the content and/or subject of the email, (2), the specific date or range of dates during which the email was transmitted or the emails were transmitted, and (3) a valid e-mail request must identify the sender and/or the recipient thereof." Elcavage, at page 5. (emphasis added).

For your information, the Government Records Council also explained in the Elcavage decision that "[w]hile OPRA provides an alternative means of access to government documents not otherwise exempted from its reach, it is not intended as a research tool litigants may use to force government officials to identify and siphon useful information. Rather, OPRA simply operates to make identifiable government records 'readily accessible for inspection, copying, or examination.' N.J.S.A. 47:1A-1." (Emphasis added.) MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534, 546 (App. Div. 2005). The Court further held that "[u]nder OPRA, agencies are required to disclose only 'identifiable' government records not otherwise exempt ... In short, OPRA does not countenance open-ended searches of an agency's files." (Emphasis added.) Id. at 54.

For the above reasons, your request is denied. Accordingly, the Commission has concluded its response to your request, and considers this matter closed.

Very truly yours,

Kathleen M. Wiseman
Secretary/Office Manager/ Mgr of Records
Burlington County Bridge Commission
1300 Route 73 North
P.O. Box 6
Palmyra, NJ 08065
856-829-1900 ext. 1229
856-829-5205 (fax)
[email address]

show quoted sections