Committee Communication
Dear Plumsted 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:
Any correspondence (Email/Text ect) between any resident, township employee, or official and Committeeman Hammerstone between the period of 12/21/2023 until current date.
Any correspondence (Email/Text ect ) between any resident, township employee, or official and Committeeman/Mayor Cuozzo between the period of 12/21/2023 until current date.
Any correspondence (Email/Text ect) between any past or current Environmental Committee member and any township committee member between the dates of 1/1/2023 until current date.
Any current township policy, SOP or form of guidance regarding OPRA request information shall be obtained. Essentially what I am looking for is in reference to emails. Does an IT person retrieve this information or is it basically an "Honor System" whereas the individual has the responsibility to in good faith provide all requested information.
Yours faithfully,
Steve Turner
Please be advised that I will be out of the office starting Thursday,
February 8, 2024. I will return to the office on Monday March 11, 2024 at
9:00 am. In my absence, please contact Jennifer Witham at
[1][email address]. Thank you.
References
Visible links
1. mailto:[Plumsted Township request email]
Plumsted Township is in receipt of your OPRA request. At this time, we request clarification of your OPRA request for the following:
“Any correspondence (Email/Text ect) between any resident, township employee, or official and Committeeman Hammerstone between the period of 12/21/2023 until current date."
"Any correspondence (Email/Text ect ) between any resident, township employee, or official and Committeeman/Mayor Cuozzo between the period of 12/21/2023 until current date."
"Any correspondence (Email/Text ect) between any past or current Environmental Committee member and any township committee member between the dates of 1/1/2023 until current date."
Please respond in writing and identify the subject matter for your request.
Susan
Susan P. Smith
Records Clerk
Plumsted Township
Dear Susan Smith,
Good afternoon. I am not sure what clarification is needed as my request is pretty straight forward. I am requesting-
“Any correspondence (Email/Text ect) between any resident, township employee, or official and Committeeman Hammerstone between the period of 12/21/2023 until current date."
"Any correspondence (Email/Text ect ) between any resident, township employee, or official and Committeeman/Mayor Cuozzo between the period of 12/21/2023 until current date."
"Any correspondence (Email/Text ect) between any past or current Environmental Committee member and any township committee member between the dates of 1/1/2023 until current date."
Yours sincerely,
Steve Turner
Dear requestor:
This request as written is overly broad. A proper request for correspondence under OPRA requires:
(1) A specific sender and recipient
(2) A specific date range; and
(3) The subject matter of the correspondence.
Elcavage v. West Milford Township, GRC Complaint Nos. 2009-07 and 2009-08 (March, 2010).
Government records subject to disclosure under OPRA are defined by N.J.S.A. 47:1A-1.1 as:
[A]ny paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof…
It is proper for a custodian to require clarification “when a request is too broad in scope and a reasonable basis exists to seek said clarification.” Leibel v. Manalapan Englishtown Regional Board of Education, GRC Complaint No. 2004-51 (September 2004).
In light of these established principles, please clarify your OPRA request, utilizing the above standards for any requests of written correspondence. The request must include the subject matter of the requested correspondence.
Dear Susan Smith,
I will try this again.
“Any correspondence (Email/Text ect) between any resident, township employee, or official and Committeeman Hammerstone between the period of 12/21/2023 until current date."
"Any correspondence (Email/Text ect ) between any resident, township employee, or official and Committeeman/Mayor Cuozzo between the period of 12/21/2023 until current date."
I have removed the request related to the environmental committee.
(1) A specific sender and recipient - Myself and you
(2) A specific date range; - Date ranges clearly listed above
(3) The subject matter of the correspondence. - clearly listed above -committeeman Hammerstone and Mayor Cuozzo
Please note the above information has been clearly listed since the very first request. By law this information is required to be provided to me in a timely manner.
Yours sincerely,
Steve Turner
Dear Mr. Turner,
The correspondence clarification fields are for the correspondence you are requesting, not the OPRA request itself.
This is your request:
“Any correspondence (Email/Text ect) between any resident, township employee, or official and Committeeman Hammerstone between the period of 12/21/2023 until current date."
"Any correspondence (Email/Text ect ) between any resident, township employee, or official and Committeeman/Mayor Cuozzo between the period of 12/21/2023 until current date."
(1) A specific sender and recipient - "any resident, township employee, or official and Committeeman/Mayor Cuozzo" and " any resident, township employee, or official and Committeeman Hammerstone"
(2) A specific date range; - "between the period of 12/21/2023 until current date."
(3) The subject matter of the correspondence. – Please provide the subject matter of the correspondence you are requesting.
Dear Susan Smith,
The subject matter I am requesting is any emails from both municipal email addresses and any other email addresses, as well as any text messages that discuss official municipal business that is not protected by an exemption under the law in specific to the following requested personnel and time frames-
“Any correspondence (Email/Text ect) between any resident, township employee, or official and Committeeman Hammerstone between the period of 12/21/2023 until current date."
"Any correspondence (Email/Text ect ) between any resident, township employee, or official and Committeeman/Mayor Cuozzo between the period of 12/21/2023 until current date."
Yours sincerely,
Steve Turner
Dear Requestor,
Please accept this correspondence on behalf of the Township of Plumsted. The Township received your OPRA request on February 29, 2024 seeking: “Any correspondence (Email/Text ect) between any resident, township employee, or official and Committeeman Hammerstone between the period of 12/21/2023 until current date." "Any correspondence (Email/Text ect ) between any resident, township employee, or official and Committeeman/Mayor Cuozzo between the period of 12/21/2023 until current date."
The Township has requested clarification of your request on three separate occasions, noting each time that your request failed to specify a particular document as required under OPRA. An OPRA requestor is required to specifically describe the document sought, OPRA is not intended as a research tool 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 Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div. 2005). A proper request for correspondence under OPRA requires the specification of (1) the identity of the sender or recipient (2) the subject matter and (3) a date range. Elcavage v. West Milford Township, GRC Complaint No. 2009-07.
OPRA is not intended to be used as a fishing expedition or as a research tool to compile unknown documents. Because you have failed to specify the documents you are seeking, your request does not comply with the requirements of an OPRA request and is denied.