Correspondence between County Clerk's Office and King Moench law firm
Dear Morris County,
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:
Correspondence between County Clerk's Office and King Moench law firm from 3/25/2024 through 4/2/2024
Thank you for registering with Morris County Public Records Center.
Your Login ID is: [OPRA #60254 email]
If you did not submit your request through the public portal but are
receiving this e-mail, an account has been created for you where you can
track and monitor the status of your request, and receive any documents in
response to your request.
If you have never used this system or cannot remember your password you
may request a temporary password here: [1]Request Temporary Password
Please login to [2]My Request Center to update your account information,
track the status of your request and receive requested records when they
become available.
Thank you for registering with Morris County OPRA Center.
This is an auto-generated email and has originated from an unmonitored
email account. Please DO NOT REPLY.
References
Visible links
1. https://morriscountynj.mycusthelp.com/WE...
2. https://morriscountynj.mycusthelp.com/WE...
Dear Concerned Morris Republicans :
Thank you for your interest in open public records of Morris County OPRA
Center. Your request has been received and is being processed in
accordance with the Open Public Records Act (OPRA). Your request was given
the reference number C008000-040324 for tracking purposes.
Records Requested: Correspondence between County Clerk's Office and King
Moench law firm from 3/25/2024 through 4/2/2024
Your request will be forwarded to the relevant County department(s) to
locate the information you seek and to determine the volume and any costs
associated with satisfying your request. You will be contacted about the
availability and/or provided with copies of the records in question.
PLEASE NOTE: The State Public Information Act does not require a
governmental body to create new information, to do legal research, or to
answer questions.
You can monitor the progress of your request at the link below and you'll
receive an email when your request has been completed. Again, thank you
for using the Morris County OPRA Center.
County of Morris, NJ
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To monitor the progress or update this request please log into
the [1]Morris County OPRA Center.
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of April 03, 2024, Reference # C008000-040324
Dear Concerned Morris Republicans,
The official Records Custodian, Sheila Leary, of the County of Morris
received your Open Public Records Act (OPRA) request on April 03, 2024.
Your OPRA request sought access to the following:
“Correspondence between County Clerk's Office and King Moench law firm
from 3/25/2024 through 4/2/2024”
Currently, your request 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). At this time,
we request clarification of your OPRA request. Specifically, to search for
emails that may exist, it is required that you provided the following:
To: @kingmoench.com
From: @kingmoench.com
Date: 3/25/24 through 4/2/24
Subject:
Please respond in writing within seven (7) days from 04/08/2024 and
identify the specific government records sought so that we may process
your request. Failure to provide written clarification of your request
will result in the closure of this OPRA request.
Upon receipt of your clarification, the County of Morris will further
respond to your Open Public Records Request as required by law, including
providing you with an estimate of costs associated with producing the
requested records.
If you have any questions, please contact my office at (973) 829-8126.
Thank you for your attention.
Sincerely,
Sheila M. Leary, CPM
Administration
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the County of Morris’ interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The County of
Morris reserves the right to raise any other grounds for denial not raised
in this response. Failure of the County of Morris to assert an exemption
or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other than
those advanced by a custodian. See Paff v. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006). If
your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the County of
Morris to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the 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 on its website
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.
══════════════════════════════════════════════════════════════════════════
To monitor the progress or update this request please log into
the [3]Morris County OPRA Center.
References
Visible links
1. mailto:[email address]
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...
Dear Morris County NJ OPRA Center,
Responses to the request for clarification:
a. The correspondence is limited to email and paper (letter/postal) correspondence.
b. Delivery of all responsive documents is requested to be electronic.
c. Timeframe: 3/25/24 through 4/2/24.
d. Subject: any subject or all subjects.
e. For email correspondence, the to/from includes any email address having a domain of "kingmoench.com".
f. For email or paper correspondence, the sender/recipient name(s) include any of the following: Peter King, Matthew Moench, Michael Collins, Roman Hirniak, Krishna Jhaveri, Tiffany Tagarelli, Ryan Windels.
--- Please respond above this line ---
RE: OPEN PUBLIC RECORDS ACT REQUEST of April 03, 2024, Reference #
C008000-040324
Dear Concerned Morris Republicans,
The County of Morris received a request for government records from you on
April 03, 2024. Specifically, you requested the following:
"Correspondence between County Clerk's Office and King Moench law firm
from 3/25/2024 through 4/2/2024"
The County is exercising its rights under N.J.S.A. 47:1A-5(g) allowing for
an extension of the time period in which an OPRA request is due because of
a disruption in agency operations. The County will respond to this request
by no later than the close of business on April 19, 2024. The County
expressly reserves the right to request an additional extension of time,
if necessary.
Thank you for your anticipated cooperation, and if there are any questions
or concerns, I can be reached at 973-829-8126.
Sincerely,
Sheila M. Leary, CPM
Administration
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the County of Morris’ interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The County of
Morris reserves the right to raise any other grounds for denial not raised
in this response. Failure of the County of Morris to assert an exemption
or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other than
those advanced by a custodian. See Paff v. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006). If
your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the County of
Morris to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the 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 on its website
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.
══════════════════════════════════════════════════════════════════════════
To monitor the progress or update this request please log into
the [3]Morris County OPRA Center.
References
Visible links
1. mailto:[email address]
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...
Dear Morris County NJ OPRA Center,
Please conduct an internal review of your response, including the sentence "The County is exercising its rights under N.J.S.A. 47:1A-5(g) allowing for an extension of the time period in which an OPRA request is due because of a disruption in agency operations."
The cited section of state statute is linked and copied below. It does not contain the claimed right to "an extension of the time period in which an OPRA request is due because of a disruption in agency operations."
https://law.justia.com/codes/new-jersey/...
N.J.S.A. 47:1A-5
g. A request for access to a government record shall be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian. A custodian shall promptly comply with a request to inspect, examine, copy, or provide a copy of a government record. If the custodian is unable to comply with a request for access, the custodian shall indicate the specific basis therefor on the request form and promptly return it to the requestor. The custodian shall sign and date the form and provide the requestor with a copy thereof. If the custodian of a government record asserts that part of a particular record is exempt from public access pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented, the custodian shall delete or excise from a copy of the record that portion which the custodian asserts is exempt from access and shall promptly permit access to the remainder of the record. If the government record requested is temporarily unavailable because it is in use or in storage, the custodian shall so advise the requestor and shall make arrangements to promptly make available a copy of the record. If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.
--- Please respond above this line ---
RE: OPRA REQUEST of Reference # C008000-040324
Dear Concerned Morris Republicans:
The County of Morris received a public records request from you on April
03, 2024. Specifically, you requested:
“Correspondence between County Clerk's Office and King Moench law firm
from 3/25/2024 through 4/2/2024
To/From: Morris County Clerk’s Office
To/From: @kingmoench.com
Range of Dates: 3/25/24 – 4/2/24”
The County of Morris has reviewed its files and has determined there are
no responsive documents to your request.
Your OPRA request is now deemed answered and closed. Thank you for your
attention to this matter.
If you have any questions, or wish to discuss this further, you may
contact my office at (973) 829-8126.
Sincerely,
Sheila M. Leary, CPM
Administration
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the County of Morris’ interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The County of
Morris reserves the right to raise any other grounds for denial not raised
in this response. Failure of the County of Morris to assert an exemption
or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other than
those advanced by a custodian. See Paff v. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006). If
your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the County of
Morris to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the 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 on its website
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.
══════════════════════════════════════════════════════════════════════════
To monitor the progress or update this request please log into
the [3]Morris County OPRA Center.
References
Visible links
1. mailto:[email address]
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...