Curent Litigation
Dear Bergenfield 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:
A list of all ongoing litigation either against the Borough or initiated by the Borough.
Yours faithfully,
Emma Alvarado
Dear Ms. Alvarado,
The official Records Custodian, Marie Quinones, received your OPRA request on October 26, 2020. As such, the seven (7) business day deadline to respond to your request is on November 4, 2020. This response to your request is being provided to you on the fifth (5th) business day after the custodian’s request for said extension.
Your OPRA request sought access to the following:
“A list of all ongoing litigation either against the Borough or initiated by the Borough.”
Your request requires an extension to fulfill due to the review that is required by all officials to confirm whether there are records available for release. OPRA allows custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, “the requestor shall be advised by the custodian when the record can be made available. If the record is not made available by that time, access shall be deemed denied.”
Your request requires an extension of time until November 16, 2020.
If your request for access to a government record has been denied or unfulfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of Bergenfield 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 website 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.
Thank you for your understanding and please stay safe.
Sincerely,
Marie
Marie J. Quiñones-Wilson
Borough Clerk
Borough of Bergenfield
198 N. Washington Avenue
Bergenfield, NJ 07621
[Bergenfield Borough request email]
201-387-4055 ext. 6
-----Original Message-----
From: Emma Alvarado <[OPRA #18117 email]>
Sent: Monday, October 26, 2020 9:38 AM
To: Marie Quinones <[Bergenfield Borough request email]>
Subject: OPRA request - Curent Litigation
Dear Bergenfield 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:
A list of all ongoing litigation either against the Borough or initiated by the Borough.
Yours faithfully,
Emma Alvarado
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Good morning Ms. Alvarado,
I received your recent OPRA request on October 26, 2020 for the following
information:
“A list of all ongoing litigation either against the Borough or initiated
by the Borough.”
As such, the seven (7) business day deadline to respond to your request
was on November 4, 2020. On November 2, 2020, an extension of time was
requested until November 16, 2020. This response is being provided to you
on the fifth (5^th) business day of the custodian’s request for said
extension.
The following records are being provided in their entirety and are
responsive to your request:
1. Litigation Discussed in Closed Session List (1 page)
Please be advised, under Librizzi v. Twp. of Verona Police Dep’t, GRC
Complaint No. 2009-213 (August 2010): The Council held that the custodian
was under no obligation to create a record in response to the
complainant’s OPRA request. Furthermore, the “all ongoing litigation”
portion of your request seeks information or asks questions and does not
identify specific government records. Custodians are not required to
conduct research or create new records in response to an OPRA request.
However, several litigation matters have been listed on meeting agendas to
be discussed in closed session, and as such, stored electronically.
Therefore, we were able to compile information and create a list from
electronic records.
For more information, please see the following case law for your
reference:
New Jersey Builders Association v. New Jersey Council on Affordable
Housing, 390 N.J.Super. 166, 180 (App. Div. 2007).
Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div.
2005).
Paff v. Galloway Twp., 229 N.J. 340 (2017).
Valentin v. Borough of Penn Grove, No. A-0834-15T2, 2018 N.J. (App. Div.
May 2, 2018)
Pursuant to N.J.S.A. 47:1A-5.b, there is no cost associated with this
request as the documents are being transmitted to you electronically.
If your request for access to a government record has been denied or
unfulfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Borough of Bergenfield 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 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.
Sincerely,
Marie
Marie J. Quiñones-Wilson
Borough Clerk
Borough of Bergenfield
198 N. Washington Avenue
Bergenfield, NJ 07621
[3][Bergenfield Borough request email]
201-387-4055 ext. 6
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. mailto:[Bergenfield Borough request email]