Dear Monmouth County Sheriff's Office,

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:

Any & all CAD/Call reports from the years 2019, 2020 & 2021 wherein 'Neptune Township Fire Department' was requested to respond. This request should include all calls both within the Township of Neptune and from surrounding municipalities as well as incidents in which a request for the 'Neptune Township Fire Department' to respond in a mutual aid capacity was denied by the township.

Yours faithfully,

David Firman

Dear Monmouth County Sheriff's Office,

I am inquiring as to the status of this request, by state law a response to this request was due no later than Friday, January 7th 2022.

Yours faithfully,

David Firman

OPRA Requests, Monmouth County Sheriff's Office

Good Afternoon,

The Monmouth County Sheriff's Office is in receipt of your request. However, please be advised that your request, as currently written, is denied, as it is not a request for specific identifiable government records. I direct your attention to the GRC opinion re: Complaint No. 2008-51 which provides in relevant part:

“[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.” MAG Entertainment, LLC v. Division of Alcohol 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. Wholesale requests for general information to be analyzed, collated and compiled by the responding government entity are not encompassed therein. In short, OPRA does not countenance open-ended searches of an agency’s files. Emphasis supplied. Page 5.

Furthermore, "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." Page 6. Requests for "any and all documents" which do not provide identifiers other than broad generic descriptions do not satisfy this requirement. Custodians are also not required to conduct research or create new records in response to an OPRA request and are permitted to deny access for such requests.

If you resubmit your request identifying specific documents, the County will make every effort to provide any responsive documents that exist.

Should you have any questions please feel free to reach out.

Regards,
Cynthia Scott

From: David Firman <[OPRA #28446 email]>
Sent: Wednesday, December 29, 2021 7:06 PM
To: OPRA Requests <[email address]>
Subject: OPRA request - CAD/Call reports

EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Dear Monmouth County Sheriff's Office,

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:

Any & all CAD/Call reports from the years 2019, 2020 & 2021 wherein 'Neptune Township Fire Department' was requested to respond. This request should include all calls both within the Township of Neptune and from surrounding municipalities as well as incidents in which a request for the 'Neptune Township Fire Department' to respond in a mutual aid capacity was denied by the township.

Yours faithfully,

David Firman

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