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).

In addition, requests for correspondence must identify the individuals or
accounts to be searched and be confined to a discrete and limited subject
matter. Burke v. Brandes, 429 N.J. Super. 169, 176-78 (App. Div. 2012);
see also Elcavage v. West Milford Twp. (Passaic), GRC Complaint No.
2009-08 (Apr. 8, 2010) (stating that a proper request for email
correspondence must contain "(1) the content and/or subject of the e-mail,
(2) the specific date or range of dates during which the e-mail was
transmitted or the emails were transmitted, and (3) a valid e-mail request
must identify the sender and/or the recipient thereof").

Please respond to this e-mail to identify the type(s) of correspondence
records sought by this request and to identify senders and recipients of
the correspondence records sought. In addition, please provide a
description of the subject matter of correspondence records sought that is
far more specific than a mention of the names of two roads (in terms of
specific NJDOT projects, functions or activities). Please also be advised
that neither of the roads listed in this request appear to be under the
jurisdiction of NJDOT.

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

Please provide the requested clarification by March 18, 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
delete this message. If the disclaimer can't be applied, take no action.

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The New Jersey Department of Transportation (NJDOT) has closed the
above-referenced request for records under the Open Public Records Act
(OPRA). 

This request has been denied on the basis that this request is overbroad
and 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 March 11, 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 type(s) of
correspondence records sought by your request and to identify senders and
recipients of the correspondence records sought. Additionally, we asked
that you provide a more specific description of the subject matter of the
correspondence records sought, in terms of specific NJDOT projects,
functions, or activities. At that time, we also advised you that neither
of the roads stated in your request appear to be under the jurisdiction of
the NJDOT. To date, we have not received a response to this email seeking
clarifying information that would allow us to 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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