Mr. Duff:

Please accept this response to your email dated February 4, 2022, at 3:42 pm.

As you know, on January 28, 2022, the Commission responded to your OPRA request, in part by denying the request as overly broad, and also by offering an accommodation, along with government records, and a privilege log, for those government records that appeared to be responsive to the subject matter of your request, which was not stated.

As a follow up, by email date Wednesday, February 2, 2022, at 9:37 PM you stated that:

"I actually want ALL emails that were sent to or from Andl during that 8 day timeframe. My request is valid and does not require any research. All you need to do is search for all emails during that 8-day time period and produce the ones that are subject to OPRA and state the basis for denying access to those that are not. I also need all sender and receivers emails addresses to be visible. Please show Mr. Andl's emails address."

In response, please note that your original OPRA request remains improper and is denied, and to the extent that your follow-up request restates your original request, and which makes clear that you seek "ALL emails" sent during a time period, and without regard to the content and/or the subject of the emails, this will confirm that your request is denied.

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).

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]

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Mr. Duff:

Please accept this response to your OPRA request dated February 14, 2022 at 10:31 a.m., wherein you stated "I do not believe that 8 days of emails is to much to ask for but if that is your position please provide me with the emails to and from Joe Andl, along with any attachments, from 1-11-22 through 1-15-22.

By way of background, except for a shorter time period for the requested emails, that request is the same as your request dated February 2, 2022 at 9:37 pm, wherein you stated "I actually want ALL emails that were sent to or from Andl during that 8 day timeframe. My request is valid and does not require any research. All you need to do is search for all emails during that 8-day time period and produce the ones that are subject to OPRA and state the basis for denying access to those that are not. I also need all sender and receivers emails addresses to be visible. Please show Mr. Andl's emails address."

In response, your OPRA request dated February 14, 2022 at 10:31 a.m. remains improper and is denied, and to the extent that your follow-up request restates your original request, but only seeks a shorter time period involving the requested emails, your request nevertheless makes clear that you seek "ALL emails" sent during a time period, and without regard to the content and/or the subject of the emails. For the reasons stated previously, this will confirm that your request is denied.

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]

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