Dear Atlantic County Prosecutor's Office,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:
1) Complete list of employees including their date of hire, badge number and current position

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference. Thank you for your time and cooperation.

Yours Truly,
Erin

Dear JAMES (JIM) LEEDS,

May 13, 2024 another individual OPRA requested a list of your prosecutors and received it. The date of hire was not on the list but a list of names and badge numbers were provided. County Employees are not kept confidential from the public unless their hired in that capacity. Surely, your office keeps a RECORD of its employees as there is ALWAYS a list of employees and their positions. So to refine my request for records, please provide a current list of your 2025 employees and their titles. Every other Prosecutor's office keeps a list of their EMPLOYEES and provides a list when requested. So, although my RECORDS requested are INFORMATION, they are still RECORDS and the public has a right to know who the employees are in your office. I would appreciate your cooperation. Furthermore, OPRA request DO NOT have to be made on your ACPO OPRA Request Form. Your information is outdated and denying people under these grounds would be unlawful and would subject your department to fees associated with litigating the matter.

****PLEASE KEEP THIS INFORMATION IN MIND BEFORE RESPONDING BACK TO ME****
Definition of Government Records (N.J.S.A. 47:1A-1.1):OPRA defines "government record" broadly as any document, data, or information made, maintained, or received in the course of official business by a public agency, including the Atlantic County Prosecutor's Office. This includes employee lists with details like names, hire dates, badge numbers, and job titles, unless specifically exempted.

Common Law Right to Know: Beyond OPRA, New Jersey’s common law right of access to public records, as recognized in cases like Mason v. City of Hoboken, 196 N.J. 51 (2008), allows citizens to access records in the public interest if the need for access outweighs any governmental interest in confidentiality.

The common law right requires a balancing test, as articulated in Loigman v. Kimmelman, 102 N.J. 98 (1986), where the requester’s interest in disclosure is weighed against the agency’s interest in nondisclosure.

Penalties for Unlawful Denial (N.J.S.A. 47:1A-11): If a custodian knowingly and willfully denies access without a lawful basis, N.J.S.A. 47:1A-11 imposes civil penalties ($1,000 for a first violation, $2,500 for a second, $5,000 for a third within 10 years). This reinforces the public’s right to hold agencies accountable for improper denials.

Public Agency Obligations (N.J.S.A. 47:1A-5):N.J.S.A. 47:1A-5(g) requires the custodian of records to respond within seven business days, either granting access, denying access with specific reasons, or requesting clarification if the request is vague or overly broad.

I hope you will be willing to resolve this request as restated. Thank you for your time and anticipated cooperation.

Yours Truly,
Erin

Dear OPRA,
I would like to add to my last response to JAMES (JIM) LEEDS. He had stated that the public needs to use the ACPO form to make requests which is incorrect information. However, I wanted to provide him with more information relating to that:
N.J.S.A. 47:1A-5(f): OPRA states that 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." There is no statutory requirement that a request must use an agency’s specific form. The law only requires that the request be in writing, identify the records sought with reasonable clarity, and be directed to the agency’s custodian.

Government Records Council (GRC) Guidance: The GRC, which oversees OPRA compliance, has consistently clarified that while agencies may provide forms for convenience, requesters are not obligated to use them. The GRC’s OPRA FAQ (available at www.nj.gov/grc) states: "A request need not be made on an official form, although a public agency may provide a form to facilitate requests."

Case Law Support: In Renna v. County of Union, 407 N.J. Super. 230 (App. Div. 2009), the court affirmed that OPRA requests must be in writing but do not require a specific format or form. The key is that the request clearly identifies the records sought to avoid being deemed overly broad or vague.

Please be guided accordingly.

Yours Truly,
ERIN SAMARITANO

Dear OPRA,

Thank you, Jim. I look forward to hearing back from you with the list. You are appreciated.

Yours Truly,
Erin

Dear Jim,

Thank you very much for your time.

Yours Truly,
Erin Samaritano