Brian Kubiel
Dear Toms River FD1,
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:
Please forward the salary of Brian Kubiel
Please forward any additional items that are at the expense of the taxpayers. (Ie. car, cell phone.) issued to Brian Kubiel
Please forward all training records for Brian Kubiel while he has been a member of all district one fire departments and as administrator of Toms River Fire District 1
Yours faithfully,
Anonymous12345
Dear Anonymous12345,
Toms River Fire District #1 received your OPRA request dated March 28, 2021 on March 29, 2021 seeking the following:
1. The salary of Brian Kubiel
2. Any additional items that are at the expense of the taxpayers (ie car, cell phone.) issued to Brian Kubiel
3. All training records for Brian Kubiel while he has been a member of all district one fire departments and as administrator of Toms River Fire District 1.
This request is overly broad. OPRA is not intended as a research tool to force government officials to identify and siphon useful information. Rather, OPRA operates to make identifiable government records readily accessible for inspection, copying or examination. OPRA does not countenance open-ended searches of an agency's files. MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App. Div. 2005)
Furthermore, a requestor must specifically describe the document sought. Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005). "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." Currently, your request fails to identify with reasonable clarity the specific government records sought, as is required by Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005).
Your OPRA request seeks information, not identifiable documents.
1. "The salary of Brian Kubiel" is a request for information. Please clarify your request identifying the specific record sought.
2. "Any additional items that are at the expense of taxpayers" is a request for information. Please clarify your request identifying the specific record sought.
3. "All training records" is overly broad. Please specify with particularity the training records sought. Please be advised that only training records that are required as a condition of employment may be provided, any other training records may be exempt from access under OPRA.
Please respond in writing and identify the specific government records sought so that we may process your request. Failure to provide written clarification of your request will result in the closure of this OPRA request.