The New Jersey Department of Transportation (NJDOT) is in receipt of the
above-referenced request for records under the Open Public Records Act
(OPRA). However, this request is overbroad and improper under OPRA and
cannot be processed without further clarification. 

Government agencies are required to disclose only identifiable government
records that are specifically described in the request. Gannett N.J.
Partners v. Middlesex, 379 N.J. Super. 205, 212 (App. Div. 2005). Neither
OPRA nor the common law countenances open-ended searches of agency files,
MAG Entertainment, LLC v. Div. of Alcoholic Bev Control, 375 N.J. Super.
534, 549 (App. Div. 2005), or permits a blanket request for every document
an agency has on file on a topic, Bent v. Twp. of Stafford, 381 N.J.
Super. 30, 37 (App. Div. 2005). OPRA does not require that custodians
conduct research when responding to OPRA requests. See Lagerkvist v.
Office of Governor of State, 443 N.J. Super. 230, 237 (App. Div. 2015)
(citing MAG Entm't, LLC, 375 N.J. Super. at 546-49). "A requestor is
obliged to identify the documents sought with some particularity, thus
enabling government to maintain transparency while completing necessary
day-to-day functions." Ibid. "A records request must be well defined so
that the custodian knows precisely what records are sought. The request
should not require the records custodian to undertake a subjective
analysis to understand the nature of the request. Seeking particular
information from the custodian is permissible; expecting the custodian to
do research is not." Paff v. Galloway Twp., 229 N.J. 340, 355 (2017).

You must identify specific records sought by this request. If unable to
identify records by specific names and titles, please provide description
of the records you are seeking that includes a clear and precise
description of the subject matter contained in each record sought (in
terms of NJDOT projects, activities or functions), the specific types of
records sought (in sufficient detail) and a limited timeframe in which
records you are seeking were produced.

The NJDOT OPRA Unit is unable to process your request until the
clarification described above is received.

Please provide the requested clarification by May 20, 2021 or your request
will be closed as overbroad and improper.

Thank you,

[1]Description: Description:
http://njdotsharepointinsgen.njdot.lan/S...

OPRA Unit

NJDOT Custodian of Records

Office of Inspector General

Phone (609) 963-1950

CONFIDENTIALITY NOTICE: This email message and all attachments transmitted
with it may contain State of New Jersey legally privileged and
confidential information intended solely for the use of the addressee
only. If the reader of this message is not the intended recipient, you are
hereby notified that any reading, dissemination, distribution, copying, or
other use of this message or its attachment(s) is prohibited. If you have
received this message in error, please notify the sender immediately and
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The New Jersey Department of Transportation (NJDOT) has closed
the above-referenced request under the Open Public Records Act (OPRA).  

This request has been denied on the basis that this request is improper
under OPRA, as per the attached official Closure Receipt.  We require
information to be more specific in order to identify the records you are
seeking.  However, this decision is not considered to be a denial of
access to documents. You may submit a new request for documents if
necessary. 

Please be advised that on May 13, 2021, we contacted you via email,
seeking additional information regarding your request that would enable us
to process it. Specifically, we requested that you identify the specific
types of records sought by your request, and that if you were unable to
identify specific names and titles, to please provide a description of the
records you were seeking that included a clear and precise description of
the subject matter contained in each record sought (in terms of NJDOT
projects, activities, or functions), the specific types of records sought
(in sufficient detail), and a limited time frame in which these records
were produced. To date, we have not received a response to this email
seeking clarifying information that would allow us to further process your
request.

Therefore, this request is denied and closed, effective today.

Thank you for the opportunity to be of assistance.  

[1]Description: Description:
http://njdotsharepointinsgen.njdot.lan/S...

OPRA Unit

NJDOT Custodian of Records

Office of Inspector General

Phone (609) 963-1950

CONFIDENTIALITY NOTICE: This email message and all attachments transmitted
with it may contain State of New Jersey legally privileged and
confidential information intended solely for the use of the addressee
only. If the reader of this message is not the intended recipient, you are
hereby notified that any reading, dissemination, distribution, copying, or
other use of this message or its attachment(s) is prohibited. If you have
received this message in error, please notify the sender immediately and
delete this message. If the disclaimer can't be applied, take no action.

References

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