Arrest reports of incident case #22-180616
Dear Jersey City,
I am writing to request access to and copies of records Freedom of Information I am seeking information related to an arrest that occurred on 05-09-2022 associated with the Incident case 22-180616.
Please include all relevant documents, reports, and any other information pertaining to this arrest. If there are any fees for searching or copying these records, please inform me, However, I would like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding of the operations or activities of the government
Respectfully Submitted
Pamelina Manna
[1]GovQA logo
Dear Pamelina Manna,
Thank you for registering with the Jersey City OPRA Center. Below you will
find your login and password information. Please log in to the [2]Open
Public Records Center to update any contact or password information and to
track the progress of your requests.
Login: [OPRA #62298 email]
Password: [3]Update Password
If you are a first time user and did not submit your request through the
open public records portal but are receiving this e-mail, an account has
been created for you where you can access, track and receive any documents
in response to your request.
Thank You,
Custodian of Records
Jersey City, NJ
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References
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Dear Pamelina Manna:
Thank you for your interest in open public records of Jersey City OPRA
Center. This will serve to acknowledge receipt of your Open Public
Records Act (OPRA) request. Your request was received in this office on
5/31/2024. Kindly refer to the reference number E002414-053124 when
communicating with our office in this regard. Your request mentioned:
OPRA request - Arrest reports of incident case #22-180616 Dear Jersey
City, I am writing to request access to and copies of records Freedom
of Information I am seeking information related to an arrest that
occurred on 05-09-2022 associated with the Incident case 22-180616.
Please include all relevant documents, reports, and any other
information pertaining to this arrest. If there are any fees for
searching or copying these records, please inform me, However, I would
like to request a waiver of all fees in that the disclosure of the
requested information is in the public interest and will contribute
significantly to the public's understanding of the operations or
activities of the government Respectfully Submitted Pamelina Manna
Your request will be forwarded to the relevant City department(s) to
locate the information you seek and to determine the volume and any costs
associated with satisfying your request. You will be contacted about the
availability and/or provided with copies of the records in question.
PLEASE NOTE: The State Public Information Act does not require a
governmental body to create new information, to do legal research, or to
answer questions.
You can track and monitor the progress of your request at the link below
and you'll receive an email when your request has been completed. Again,
thank you for using the Jersey City OPRA Center.
Jersey City, NJ
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To monitor the progress or update this request please log into
the [1]Jersey City OPRA Center.
References
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--- Please respond above this line ---
[1]GovQA logo
RE: OPEN PUBLIC RECORDS REQUEST of May 31, 2024, Reference #
E002414-053124
Ms. Pamelina Manna:
The City received a public information request from you on May 31, 2024.
Your request mentioned:
"OPRA request - Arrest reports of incident case #22-180616
Dear Jersey City,
I am writing to request access to and copies of records Freedom of
Information I am seeking information related to an arrest that
occurred on 05-09-2022 associated with the Incident case 22-180616.
Please include all relevant documents, reports, and any other
information pertaining to this arrest. If there are any fees for
searching or copying these records, please inform me, However, I would
like to request a waiver of all fees in that the disclosure of the
requested information is in the public interest and will contribute
significantly to the public's understanding of the operations or
activities of the government
Respectfully Submitted
Pamelina Manna"
Your request is denied as overly broad pursuant to MAG Entertainment, LLC
v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div.
2005), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div.
2005) and New Jersey Builders Association v. New Jersey Council on
Affordable Housing, 390 N.J.Super. 166 (App. Div. 2007).
The New Jersey Superior Court has held 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." 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." Id. at 549.
Furthermore, in Bent v. Stafford Police Department, 381 N.J. Super. 30, 37
(App. Div. 2005), the Superior Court references MAG in that the Court held
that a requestor must specifically describe the document sought because
OPRA operates to make identifiable government records "accessible." "As
such, 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."
Additionally, in New Jersey Builders Association v. New Jersey Council on
Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007) the
court cited MAG by stating that “...when a request is ‘complex’
because it fails to specifically identify the documents sought, then that
request is not ‘encompassed’ by OPRA...”
The OPRA Custodian and City employees are only required to search their
files to find the identifiable government records listed in an OPRA
request. Your request fails to seek specific identifiable government
records and is therefore overly broad and invalid under OPRA. Thus, your
request is denied.
Sincerely,
Hjordys D. Espinal
Office of City Clerk
To monitor the progress or update this request please log into [3]GovQA
the [2]Jersey City OPRA Center. logo
References
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