2023-1747
Date Received: 12/8/2023
Status: Received
Applicant: David Kreiswirth
Information Requested: Dear Lakewood Township,

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:
1. Please provide all communications via email, memorandums, or
letters/notes between Lakewood Townsh ip staff and the Lakewood
Township Committee and Planning Board Members regarding sp2487
(block 284.06 lot 18).
2. Please also provide all documentation on sp2487 (block 284.06
lot 18).

Yours faithfully,
David Kreiswirth

Response: The Township of Lakewood received your Open Public
Records Act (OPRA) request on 12/8/2023. As such, the seven (7)
business day deadline to respond to your request is 12/19/2023.
This response to your request is being provided to you before the
1st business day after the custodian's receipt of said request.

In accordance with Elcavage v. West Milford Twp (Passaic) your
request "1. Please provide all communications via email,
memorandums, or letters/notes between Lakewood Township staff and
the Lakewood Township Committee and Planning Board Members
regarding sp2487 (block 284.06 lot 18)." is invalid. In order to
specifically identify the record please specify the following
characteristics:

(1) the sp ecific date or range of dates during which
correspondence was transmitted or the correspondence were
transmitted
(2) must identify the sender (by name or Title)
(3) must identify the recipient (by name or Title)

Please identify the name and or title of the individuals when you
refer to "Lakewood Township staff".

In regards to request item #2, OPRA is a request for a specific
government record. 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 on a given topic. See Bent v. Stafford Police
Department, 381 N.J.Super. 30, 37 (App. Div. 2005). OPRA is not a
research tool to force government entities to identify and siphon
off information.See Bent v. Stafford Police Department, 381
N.J.Super. 30, 37 (App. Div. 2005). Your request does not identify
a specific government records but rather picks a topic and then
ask s the Township to research whether or not any of these records
exist. As such, your request is an invalid OPRA request. When a
request is "complex" because it fails to specifically identify the
documents sought, then that request is not "encompassed" by OPRA.
See New Jersey Builders Association v. New Jersey Council on
Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007).

In regards to " Please also provide all documentation on sp2487
(block 284.06 lot 18)" please clarify your request to identify
specifically what record you are seeking. As previously noted,
Township's are not required to conduct research. Please note
requests for "any and all" records are not valid. Please see MAG
Entm't LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super.
534 (App. Div. 2005).

[1]SDL Portal page for OPRA Request
Spatial Data Logic 2021

References

Visible links
1. https://u131632.ct.sendgrid.net/ls/click...

2023-1747
Date Received: 12/8/2023
Status: Received
Applicant: David Kreiswirth
Information Requested: Dear Lakewood Township,

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:
1. Please provide all communications via email, memorandums, or
letters/notes between Lakewood Townsh ip staff and the Lakewood
Township Committee and Planning Board Members regarding sp2487
(block 284.06 lot 18).
2. Please also provide all documentation on sp2487 (block 284.06
lot 18).

Yours faithfully,
David Kreiswirth

Assignments
The Township had requested clarification of your request on
12/8/2023 with no response. At this time, your OPRA request is
deemed concluded since we did not receive the requested
clarification.

If you are still seeking additional records, please re-submit with
the requested information.
Spatial Data Logic 2021