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Borough Clerk emails

Clifton Union made this OPRA request to Englishtown Borough This request has been closed to new correspondence. Contact us if you think it should be reopened.

We're waiting for Clifton Union to read a recent response and update the status.

Clifton Union
Unknown

Dear Englishtown 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 sent and received by the Borough Clerk with full body of text, subject line, and header information including recipients, email addresses, and time stamps, for the time period of January 30, 2022 through June 15, 2022. Please include all known email aliases that redirect to this position, this title, or that the Borough Clerk would have access to.

Yours faithfully,

C.U. 71

Link to this Report
Clerk, Englishtown Borough

The Borough of Englishtown received your Open Public Records Act (OPRA)
request on October 4, 2022.  As such, the seven (7) business day deadline
to respond to your request is October 14, 2022. 

 

Your request sought access to the following:

 

All emails sent and received by the Borough Clerk, with full body of text,
subject line, and header information including recipients, email
addresses, and time stamps, for the time period of January 30, 2022
through June 15, 2022.

 

Pursuant to Elcavage v. West Milford Township (Passaic) the New Jersey
Government Records Council held that “an OPRA request for an email or
emails shall focus upon the following characteristics:

· Content/subject

· Specific date/range of dates

· Sender/Recipient

 

Currently your request does not indicate all of the characteristics
required other than timeframe. This request does not identify specific
government records.  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). 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 Englishtown 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.

 

 

Gretchen McCarthy, RMC, CMR, QPA

Municipal Clerk, RVS

Borough of Englishtown

15 Main Street

Englishtown, NJ 07726

[1]www.englishtownnj.com

 

 

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Link to this Report
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