Feedback/communications from Pompton Lakes
Dear Bloomingdale Borough,
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:
This OPRA seeks any communications, performance feedback (positive or negative), on the vehicle maintenance contract between Pompton Lakes and Bloomingdale, for years 2019 to present, between the borough of Pompton Lakes and Bloomingdale. This may include contract feedback during the 2019-2024 years and agreements, or feedback on the current shortened contract ending at the end of 2025, or any first-half 2025 work performance.
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,
Alexis Moore
Alexis Moore,
Please be advised that your request is overbroad under OPRA because it fails to adequately identify specific documents and would require the custodian to use discretion in determining what is responsive to the request. A valid OPRA request must “identify with . . . specificity or particularity the government records sought.” MAG Entm’t, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div. 2005). Interpretation and research by the custodian are not required. Elcavage v. W. Milford Twp., GRC Complaint No. 2006-64 (May 2008) (“[T]he Custodian had no legal duty to conduct research to locate records potentially responsive to the Complainant’s request.”).
Further note that broad language such as “any and all,” “without limitation,” “any individual or entity concerning any aspect of,” and “any and all employees, agents, representatives” is invalid under OPRA. At minimum, requests for correspondence must provide the sender and/or recipient by name or title, a date range, and subject, so that the custodian can search electronically for documents.
I am seeking clarification of your OPRA request.
Please identify the specific government records sought so that we may process your request. Failure to provide clarification of your request will result in the closure of this OPRA request.
Sincerely,
BREEANNA SMITH
Municipal Clerk / Registrar
Borough of Bloomingdale
101 Hamburg Turnpike
Bloomingdale, NJ 07403
(973)-838-0778 Ext. 239
[email address]
Borough email may be used for official business purposes only. Borough staff members may not use their personal email for Borough Business. All Borough email is archived and subject to the Open Public Records Act. This e-mail (including all attachments) is intended for the exclusive use of the individual to whom it is addressed. This e-mail may be proprietary, confidential, privileged and exempt from disclosure under applicable law. If the reader of this e-mail is not the intended recipient or agent responsible for delivering the message to the intended recipient, the reader is hereby put on notice that any use, dissemination, distribution or copying of this communication or any of its contents is strictly prohibited. If you have received this communication in error, please immediately notify the sender by telephone or e-mail and delete the original e-mail and all copies of it from your computer system.
Dear Breeanna Smith,
Thank you for your message. Here is clarification on what this OPRA seeks:
1. Copies of any written performance evaluations, feedback reports, or correspondence (emails, letters, or memos) from Borough of Pompton Lakes officials (including but not limited to the Borough Administrator, Police Chief, DPW Director, or Clerk) to or from Bloomingdale officials concerning the contract, from January 1, 2019 through September 17, 2025.
2. Copies of any contractor performance review documents or internal memos evaluating the service provided under the vehicle maintenance contract during the 2019–2024 contract period and the current shortened contract ending December 31, 2025.
3. Any complaints or commendations received by the Borough of Pompton Lakes regarding Bloomingdale’s performance under this contract during the above time period.
Yours sincerely,
Alexis Moore
Dear Requestor,
Broad language such as “any and all,” & “without limitation,” is invalid
under OPRA. See Shipyard Assoc.’s v. City of Hoboken, 2015 WL 10352982,
*5 (App. Div. Sept. 15, 2015) (noting that the use of “any and all” and
“not limited to” is improper under OPRA. The requests as worded would
require the custodian to exercise discretion and undertake research,
neither of which is contemplated by OPRA. See Elcavage v. W. Milford Twp.,
GRC Complaint No. 2006-64 (May 2008) (“[T]he Custodian had no legal duty
to conduct research to locate records potentially responsive to the
Complainant’s request.”).
Sincerely,
As noted for #1: At minimum, requests for correspondence must provide the
sender and/or recipient by name or title, a date range, and subject, so
that the custodian can search electronically for documents. Just staing
Borough officials is not acceptable. You must also provide me with the
subject to search for or are you staing you want me to initate an
electronic search where the subject is “contract”?
BREEANNA SMITH
Municipal Clerk / Registrar
Borough of Bloomingdale
101 Hamburg Turnpike
Bloomingdale, NJ 07403
(973)-838-0778 Ext. 239
Borough email may be used for official business purposes only. Borough
staff members may not use their personal email for Borough Business. All
Borough email is archived and subject to the Open Public Records Act. This
e-mail (including all attachments) is intended for the exclusive use of
the individual to whom it is addressed. This e-mail may be proprietary,
confidential, privileged and exempt from disclosure under applicable law.
If the reader of this e-mail is not the intended recipient or agent
responsible for delivering the message to the intended recipient, the
reader is hereby put on notice that any use, dissemination, distribution
or copying of this communication or any of its contents is strictly
prohibited. If you have received this communication in error, please
immediately notify the sender by telephone or e-mail and delete the
original e-mail and all copies of it from your computer system.
Dear Breeanna Smith,
Thank you for the reply and your time. The officials include Pompton Lakes Borough Administrator Mr. Michael Carelli and/or his predecessor, to the officials Bloomingdale Business Administrator Mr. Michael Sondermeyer (and/or his predecessor) and the DPW @ bloomingdalenj.net email address recipients. The subject keywords requested are contract, feedback, performance, police vehicles, Pompton Lakes agreement, service. The dates remain as stated in the original OPRA request.
Thank you,
Alexis Moore
Alexis - please provide Michael Carrelli's predecessor
Sincerely,
BREEANNA SMITH
Municipal Clerk / Registrar
Borough of Bloomingdale
101 Hamburg Turnpike
Bloomingdale, NJ 07403
(973)-838-0778 Ext. 239
[1][email address]
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From: Alexis Moore <[OPRA #80831 email]>
Sent: Wednesday, September 17, 2025 8:27 PM
To: Breeanna Smith <[email address]>
Subject: RE: OPRA 2025-277
CAUTION: This email originated from outside of the Borough of
Bloomingdale.
Do not click links or open attachments unless you recognize the sender and
know the content is safe.
Dear Breeanna Smith,
Thank you for the reply and your time. The officials include Pompton Lakes
Borough Administrator Mr. Michael Carelli and/or his predecessor, to the
officials Bloomingdale Business Administrator Mr. Michael Sondermeyer
(and/or his predecessor) and the DPW @ bloomingdalenj.net email address
recipients. The subject keywords requested are contract, feedback,
performance, police vehicles, Pompton Lakes agreement, service. The dates
remain as stated in the original OPRA request.
Thank you,
Alexis Moore
Dear Breeanna Smith,
The name is Paula Cozzarelli. Thanks again for your time.
Yours sincerely,
Alexis Moore
Dear Alexis Moore,
Please see attached notice regarding a special service charge to fulfill
this request.
Sincerely,
BREEANNA SMITH
Municipal Clerk / Registrar
Borough of Bloomingdale
101 Hamburg Turnpike
Bloomingdale, NJ 07403
(973)-838-0778 Ext. 239
[1][email address]
Borough email may be used for official business purposes only. Borough
staff members may not use their personal email for Borough Business. All
Borough email is archived and subject to the Open Public Records Act. This
e-mail (including all attachments) is intended for the exclusive use of
the individual to whom it is addressed. This e-mail may be proprietary,
confidential, privileged and exempt from disclosure under applicable law.
If the reader of this e-mail is not the intended recipient or agent
responsible for delivering the message to the intended recipient, the
reader is hereby put on notice that any use, dissemination, distribution
or copying of this communication or any of its contents is strictly
prohibited. If you have received this communication in error, please
immediately notify the sender by telephone or e-mail and delete the
original e-mail and all copies of it from your computer system.
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