Open Public Records Act (OPRA)

Reference # OPRA-2021-00037

Date Entered: 2/1/2021 8:57:47 AM

Dear H Kim,

This email is to confirm submission of your Open Public Records Act (OPRA)
request.

Additional emails will be sent upon processing of your request.

The request seeks access to the following records:

Dear Leonia 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:
Dear Leonia 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:
I. records of James Moore and/or Anne Moore phone calls and copy of emails
to Leonia police from January 1, 2021 to January 30, 2021.  This includes
general Leonia police, officer J. Spagnola and Sgt. R. Kennedy
Yours faithfully,
Resident

A copy of the request is attached for your records.

Please do not reply directly to this email; this address is not monitored.
If you have any questions please feel free to contact us.

Sincerely,

Leonia Borough

Open Public Records Act (OPRA)

Reference # OPRA-2021-00037

Date Entered: 2/1/2021 8:57:00 AM

Dear H Kim,

This email is to confirm receipt of your Open Public Records Act (OPRA)
request.

The Custodian of Records received your request on 02/01/2021. As such, the
seven (7) business day deadline to respond to your request is 02/11/2021.

The request seeks access to the following records:

Dear Leonia 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:
Dear Leonia 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:
I. records of James Moore and/or Anne Moore phone calls and copy of emails
to Leonia police from January 1, 2021 to January 30, 2021.  This includes
general Leonia police, officer J. Spagnola and Sgt. R. Kennedy
Yours faithfully,
Resident

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 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.

Please do not reply directly to this email; this address is not monitored.
If you have any questions please feel free to contact us.

Sincerely,

Leonia Borough

Open Public Records Act (OPRA)

Reference # OPRA-2021-00037

Date Entered: 2/1/2021 8:57:00 AM

Dear H Kim,

Please note the following comment by Melina Tineo on 2/10/2021 4:11:00 PM:

Dear Mr./Ms. Kim:
The Borough of Leonia (“Borough”) records custodian received your Open
Public Records Act (“OPRA”) request dated on February 1. 2021.  The seven
day business day deadline to respond to your request is February 10,
2021.  As such, the Borough is timely responding to your OPRA request.
Your OPRA request seeks, “records of James Moore and/or Anne Moore phone
calls and copy of emails to Leonia police from January 1, 2021 to January
30, 2021.  This includes general Leonia police, officer J. Spagnola and
Sgt. R. Kennedy.” 
Please note that with respect to the portion of your request seeking
“phone calls,” the Borough is unable to ascertain any potentially
responsive records without knowing the telephone number that would have
been utilized by Mr. or Ms. Moore (at a minimum).
With respect to your request for e-mails, please note that your request is
invalid because it fails to identify the content and/or subject of
requested e-mails.  In Elcavage v. West Milford Twp., GRC Complaint Nos.
2009-07 & 2009-08 (2010), the Government Records Council held that an OPRA
request for e-mails must contain: (1) the content and/or subject of the
e-mail, (2) the specific date or range of dates during which the e-mail
was transmitted or the e-mails were transmitted, and (3) a valid e-mail
request must identify the sender and/or the recipient thereof.  As such,
the Borough cannot identify and provide any e-mails based upon the
parameters of your OPRA request.  Moreover, this portion of your request
is invalid as an overbroad and blanket request, which improperly requires
the Borough`s records custodian to conduct research to identify responsive
records.  New Jersey courts have consistently held that `OPRA does not
countenance open-ended searches of an agency`s files.`  See MAG Entm`t,
LLC v. Div. of ABC, 275 N.J. Super. 534, 549 (App. Div. 2005). 
Consequently, a proper request under OPRA must identify with reasonably
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. Twp. of Stafford Police Dept., 381 N.J. Super. 30, 37 (App. Div.
2005).  Accordingly, your OPRA request is denied.
Your OPRA request is now deemed answered and closed.  Thank you for your
attention to this matter.
Very truly yours,
Anne Dodd
Assistant Borough Administrator/Borough Clerk

Sincerely,

Leonia Borough

Dear Mr./Ms. Kim: Dear Mr./Ms. Kim:

Open Public Records Act (OPRA)

Reference # OPRA-2021-00037

Date Entered: 2/1/2021 8:57:00 AM

Dear H Kim,

This email is regarding the Open Public Records Act (OPRA) request
received on 02/01/2021.

The request seeks access to the following records:

Dear Leonia 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:
Dear Leonia 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:
I. records of James Moore and/or Anne Moore phone calls and copy of emails
to Leonia police from January 1, 2021 to January 30, 2021.  This includes
general Leonia police, officer J. Spagnola and Sgt. R. Kennedy
Yours faithfully,
Resident

Accordingly, the request has been denied per N.J.S.A. 47:1A-1.1, Executive
Order No. 21, or Executive Order No. 26, or otherwise as listed below:

Department Statute Other

You have a right to challenge the decision 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 [1][email address], or at their web site at
[2]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.

Please do not reply directly to this email; this address is not monitored.
If you have any questions please feel free to contact us.

Sincerely,

Leonia Borough

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc.