CUSTODIAN CLARIFICATION REQUEST TO OPRA REQUEST 153-2024

February 20, 2024

Your request:
I would like copies of the following past and present county employees:

1) Christopher Koos
2) Jill Houck
3) Jonathan Santoliquido
4) John Bond
5) Jason Wertzberger
6) Scott Sherwood
7) Lauren Mussara
8) Nellie Marquez
9) Holly Bitters
10) Luke Wepy
11) Logan Tower
12) Lynn Heyer
13) Mary Linehan

At this time, your request is overly broad and unclear, and I am therefore requesting clarification. Your request is overly broad, unclear and fails to specify the documents you are seeking with particularity and would require the custodian to research which documents are responsive. Currently, your request is for a class of various documents rather than a request for a specific identifiable government record and OPRA does not require custodians to research files to discern which records may be responsive to a request. The request you have submitted 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). The New Jersey Superior Court has held that “OPRA … 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.’ N.J.S.A. § 47:1A-1.” MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div. 2005). In short, OPRA does not countenance open-ended searches of an agency’s files.” (Emphasis added.) Id. at 549. Further, in Bent, the Appellate Division held that 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.” Please identify with reasonable clarity the documents that you are seeking on or before February 29, 2024.

Sincerely,

Kat Imberti
Atlantic County Dept. of Law
County Counsel Office
1333 Atlantic Avenue., 8th Floor
Atlantic City, New Jersey 08401
Phone: (609) 345-6700, ext. 2279
Fax: (609) 343-2373
Email: [email address]

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Thank you.

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CUSTODIAN RESPONSE TO OPRA REQUEST 153-2024

February 20, 2024

You have submitted an Open Public Records Act (OPRA) request and indicated that your preferred delivery method is email.

Your request:

I would like copies of the following past and present county employees:
1) Christopher Koos
2) Jill Houck
3) Jonathan Santoliquido
4) John Bond
5) Jason Wertzberger
6) Scott Sherwood
7) Lauren Mussara
8) Nellie Marquez
9) Holly Bitters
10) Luke Wepy
11) Logan Tower
12) Lynn Heyer
13) Mary Linehan
My apologies, the subject title states copy of resumes. So I am seeking resumes for each of those former or present employees. Thank you.

Please be advised that the County of Atlantic does not create/maintain the records you are requesting. The records you are requesting are likely maintained by the Atlantic County Prosecutor’s Office. They have their own Records Custodian. As such, your request should be submitted to the Prosecutor’s Office.

Custodian:
Courtney Cittadini
Chief Assistant Prosecutor
Phone: (609) 909-7966
Email: [email address]

Kat Imberti
Atlantic County Dept. of Law
County Counsel Office
1333 Atlantic Avenue., 8th Floor
Atlantic City, New Jersey 08401
Phone: (609) 345-6700, ext. 2279
Fax: (609) 343-2373
Email: [email address]

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You're welcome.

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