Fundamental Agency Records
Charlie Kratovil made this OPRA request to New Brunswick Parking Authority as part of a batch sent to 25 authorities This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear New Brunswick Parking Authority,
Under the OPRA and the common law right of access, please provide copies of:
1) the municipal ordinance establishing your agency
2) documentation of all current board member appointments from appointing authorities
3) all current agency bylaws, rules, regulations, and other official policies/procedures
Yours faithfully,
Charlie Kratovil
Dear Mr. Kratovil
The New Brunswick Parking Authority is in receipt of the following Open
Public Records Act (“OPRA”) request, dated January 5, 2024, and made
pursuant to N.J.S.A. § 47:1-1A.1. et. Seq:
1) the municipal ordinance establishing your agency
2) documentation of all current board member appointments from appointing
authorities
3) all current agency bylaws, rules, regulations, and other official
policies/procedures
The Parking Authority is not in possession of documents responsive to
requests 1 & 2.
Please be advised that your request number 3 is hereby denied as it is
vague, overbroad, and lacking sufficient identifiers. OPRA requests must
provide sufficient identifiers such as date ranges and subject matter and
must not require the records clerk to perform research. MAG Entm’t, LLC v.
Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005);
Elcavage v. West Milford Twp., GRC Complaint No. 2009-08 (April 2010);
N.J. Builders Ass’n. v. N.J. Council on Affordable Hous., 390 N.J. Super.
166, 180 (App. Div. 2007).
Please be further advised that requests for “any and all” documents or
open-ended demands “for every document a public agency has on file” has
been held to be an improper OPRA request. Gannett N.J. Partners L.P. v.
County of Middlesex, 379 N.J. Super. 205 (App. Div. 2005). Note that a
custodian may reject a request that is overly broad or vague as to prevent
identification of records sought. New Jersey Builders Ass'n v. New Jersey
Council on Affordable Housing, 390 N.J. Super. 166, 172 (App. Div. 2007).
Sincerely,
Alexandra Perez
Human Resources Manager
(732)545-3118 ext.129
Dear Ms. Perez,
Thanks for your reply. Can you please check again for the records in item #1 and #2. I believe a copy of item #1 is hanging on the wall on the conference room. I would be very surprised if you don't have copies of item #2. How does the NBPA know who has been appointed to the board if there's no documentation?
Also, I would like to revise my request for item #3 to be a request for all of the authority's rules, regulations, and official policy statements deemed relevant by the governing body of the authority to the interests of the residents within the authority's service area or jurisdiction, per NJSA 40A:5A-17.1. (https://law.justia.com/codes/new-jersey/...).
Thanks. Please don't hesitate to call me at 732-993-9697 if you have any questions about this request.
Yours sincerely,
Charlie Kratovil
Dear Ms. Perez,
I'm following up on this OPRA request. Based on my conversation with Mr. Rainone, I was expecting to receive some further response.
Yours sincerely,
Charlie Kratovil
Dear Mr. Kratovil,
As per Mr. Rainone, he advised to send NBPA's Personnel Manual. See attached Personnel Manual for Part 1 and 2, the attachment is too large to send at once.
Sincerely,
Alexandra Perez
Human Resources Manager
(732)545-3118 ext.129
-----Original Message-----
From: Charlie Kratovil
Sent: Tuesday, February 20, 2024 1:29 AM
To: Alexandra Perez <[NBPA request email]>
Subject: Re: OPRA request - Fundamental Agency Records
Dear Ms. Perez,
I'm following up on this OPRA request. Based on my conversation with Mr. Rainone, I was expecting to receive some further response.
Yours sincerely,
Charlie Kratovil
-----Original Message-----
Dear Mr. Kratovil
The New Brunswick Parking Authority is in receipt of the following Open
Public Records Act (“OPRA”) request, dated January 5, 2024, and made
pursuant to N.J.S.A. § 47:1-1A.1. et. Seq:
1) the municipal ordinance establishing your agency
2) documentation of all current board member appointments from appointing
authorities
3) all current agency bylaws, rules, regulations, and other official
policies/procedures
The Parking Authority is not in possession of documents responsive to
requests 1 & 2.
Please be advised that your request number 3 is hereby denied as it is
vague, overbroad, and lacking sufficient identifiers. OPRA requests must
provide sufficient identifiers such as date ranges and subject matter and
must not require the records clerk to perform research. MAG Entm’t, LLC v.
Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005);
Elcavage v. West Milford Twp., GRC Complaint No. 2009-08 (April 2010);
N.J. Builders Ass’n. v. N.J. Council on Affordable Hous., 390 N.J. Super.
166, 180 (App. Div. 2007).
Please be further advised that requests for “any and all” documents or
open-ended demands “for every document a public agency has on file” has
been held to be an improper OPRA request. Gannett N.J. Partners L.P. v.
County of Middlesex, 379 N.J. Super. 205 (App. Div. 2005). Note that a
custodian may reject a request that is overly broad or vague as to prevent
identification of records sought. New Jersey Builders Ass'n v. New Jersey
Council on Affordable Housing, 390 N.J. Super. 166, 172 (App. Div. 2007).
Sincerely,
Alexandra Perez
Human Resources Manager
(732)545-3118 ext.129
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #56800 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/fundamen...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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Dear Mr. Kratovil,
See attached Personnel Manual for Part 3 and 4, the document is too large to send at once.
Sincerely,
Alexandra Perez
Human Resources Manager
(732)545-3118 ext.129
-----Original Message-----
From: Alexandra Perez
Sent: Thursday, February 22, 2024 1:12 PM
To: 'Charlie Kratovil' <[OPRA #56800 email]>
Subject: RE: OPRA request - Fundamental Agency Records
Dear Mr. Kratovil,
As per Mr. Rainone, he advised to send NBPA's Personnel Manual. See attached Personnel Manual for Part 1 and 2, the attachment is too large to send at once.
Sincerely,
Alexandra Perez
Human Resources Manager
(732)545-3118 ext.129
-----Original Message-----
From: Charlie Kratovil
Sent: Tuesday, February 20, 2024 1:29 AM
To: Alexandra Perez <[NBPA request email]>
Subject: Re: OPRA request - Fundamental Agency Records
Dear Ms. Perez,
I'm following up on this OPRA request. Based on my conversation with Mr. Rainone, I was expecting to receive some further response.
Yours sincerely,
Charlie Kratovil
-----Original Message-----
Dear Mr. Kratovil
The New Brunswick Parking Authority is in receipt of the following Open
Public Records Act (“OPRA”) request, dated January 5, 2024, and made
pursuant to N.J.S.A. § 47:1-1A.1. et. Seq:
1) the municipal ordinance establishing your agency
2) documentation of all current board member appointments from appointing
authorities
3) all current agency bylaws, rules, regulations, and other official
policies/procedures
The Parking Authority is not in possession of documents responsive to
requests 1 & 2.
Please be advised that your request number 3 is hereby denied as it is
vague, overbroad, and lacking sufficient identifiers. OPRA requests must
provide sufficient identifiers such as date ranges and subject matter and
must not require the records clerk to perform research. MAG Entm’t, LLC v.
Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005);
Elcavage v. West Milford Twp., GRC Complaint No. 2009-08 (April 2010);
N.J. Builders Ass’n. v. N.J. Council on Affordable Hous., 390 N.J. Super.
166, 180 (App. Div. 2007).
Please be further advised that requests for “any and all” documents or
open-ended demands “for every document a public agency has on file” has
been held to be an improper OPRA request. Gannett N.J. Partners L.P. v.
County of Middlesex, 379 N.J. Super. 205 (App. Div. 2005). Note that a
custodian may reject a request that is overly broad or vague as to prevent
identification of records sought. New Jersey Builders Ass'n v. New Jersey
Council on Affordable Housing, 390 N.J. Super. 166, 172 (App. Div. 2007).
Sincerely,
Alexandra Perez
Human Resources Manager
(732)545-3118 ext.129
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #56800 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/fundamen...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------