Car crash at Kentwood
Dear Brick Township,
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: Police report of motor vehicle accident at Kentwood Apartments on Van Zile Road which took place on April 9. I would like the accident report, the cause of accident and the condition of driver and the status of tenants and if their home is livable at this time.
Yours faithfully,
Alissa Deleo - Journalist The Ocean Star
In response to your below OPRA request:
1. Attached is the report
2. The condition of the driver is exempt citing, Executive Order No. 26 (McGreevey 2002) 4) Information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation.
3. Status of the Tenants and if their home is livable: This is a question and not a specific document/record. Therefore, this is not a valid OPRA request* Please contact the Building Department regarding any questions about the home's condition.
* The New Jersey Government Records Council states that "valid OPRA (Open Public Records Act) request seeks specific, identifiable government records. Valid OPRA requests do not ask questions, do not seek information, and do not require a custodian to conduct any research or create a new record. 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. OPRA is to "search" for a specific, identifiable, existing government record. It is not meant to "research" to see if a record exists. Research should be done prior to completing an OPRA request.
Sincerely,
Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics
Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003