Human Resources and County as whole request
Dear Record Custodian,
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.
Since the implementation A.G. Platkin’s Memorandum on the use of Marijuana off duty by Police Officers issued in April of 2022, please provide the following documentation from April 2022 to the present:
The number of Sheriff Officer applicants disqualified from employment for Marijuana use.
The number of any investigations, disciplinary actions, drug tests, terminations, or other actions against Department sworn employee’s for positive Marijuana tests since the above-listed timeframe.
Any new policies, guidance, memorandums, documents, signage, directives, orders, emails or any command issued by any individual employed within the County, specifically the County board of commissioners regarding the use of Marijuana off duty by County Law Enforcement within the above-listed timeframe.
Any records that show the Ocean County Police Academy or Ocean County Sheriff’s Department still tests or does no longer test for Marijuana in Police applicants.
Yours faithfully,
FratLaw
Sir,
This office received your OPRA request on Monday, 11/28/2022 for the
following:
Since the implementation A.G. Platkin’s Memorandum on the use of Marijuana
off duty by Police Officers issued in April of 2022, please provide the
following documentation from April 2022 to the present:
1) The number of Sheriff Officer applicants disqualified from employment
for Marijuana use.
2) The number of any investigations, disciplinary actions, drug tests,
terminations, or other actions against Department sworn employee’s for
positive Marijuana tests since the above-listed timeframe.
3) Any new policies, guidance, memorandums, documents, signage,
directives, orders, emails or any command issued by any individual
employed within the County, specifically the County board of commissioners
regarding the use of Marijuana off duty by County Law Enforcement within
the above-listed timeframe.
4) Any records that show the Ocean County Police Academy or Ocean County
Sheriff’s Department still tests or does no longer test for Marijuana in
Police applicants.
The following is a line by line response to your requested items:
Since the implementation A.G. Platkin’s Memorandum on the use of Marijuana
off duty by Police Officers issued in April of 2022, please provide the
following documentation from April 2022 to the present:
1) The number of Sheriff Officer applicants disqualified from employment
for Marijuana use.
The above requests seeks information or asks questions and does not
identify specific government records. As such, your request is an invalid
OPRA request and is denied. 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).
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. See Bent v. Stafford
Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are
not required to conduct research or create new records in response to an
OPRA request.
The New Jersey Superior Court has held "[w]hile OPRA provides an
alternative means of access to government documents not otherwise exempted
from its reach, it is not intended as a research tool litigants may use to
force government officials to identify and siphon useful information.
Rather, OPRA simply operates to make identifiable government records
‘readily accessible for inspection, copying, or examination.’ N.J.S.A.
47:1A-1." (Emphasis added.) MAG Entertainment, LLC v. Division of
Alcoholic Beverage Control, 375 N.J.Super. 534, 546 (App. Div. 2005). The
Court added that “[u]nder OPRA, agencies are required to disclose only
‘identifiable’ government records not otherwise exempt ... In short, OPRA
does not countenance open-ended searches of an agency’s files.” (Emphasis
added.) Id. at 549.
In Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div.
2005), the Superior Court held a requestor must specifically describe the
document sought because OPRA operates to make identifiable government
records “accessible.” “As such, 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.” supra.
Moreover, in Bart v. Passaic County Public Housing Agency, 406 N.J. Super.
445 (App. Div. 2009) the Appellate Division stated:
“The Act [OPRA] does not, however, require custodians of government
records to undertake research for a requestor. The requestor must identify
the records sought with specificity. The request may not be a broad,
generic description of documents that requires the custodian to search the
agency's files and "analyze, compile and collate" the requested
information.” (citing MAG Entertainment, LLC v. Division of Alcoholic
Beverage Control, 375 N.J.Super. 534 (App. Div. 2005) and Bent v. Stafford
Police Department, 381 N.J.Super. 30 (App. Div. 2005)).
2) The number of any investigations, disciplinary actions, drug tests,
terminations, or other actions against Department sworn employee’s for
positive Marijuana tests since the above-listed timeframe.
The above requests seeks information or asks questions and does not
identify specific government records. As such, your request is an invalid
OPRA request and is denied. 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).
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. See Bent v. Stafford
Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are
not required to conduct research or create new records in response to an
OPRA request.
The New Jersey Superior Court has held "[w]hile OPRA provides an
alternative means of access to government documents not otherwise exempted
from its reach, it is not intended as a research tool litigants may use to
force government officials to identify and siphon useful information.
Rather, OPRA simply operates to make identifiable government records
‘readily accessible for inspection, copying, or examination.’ N.J.S.A.
47:1A-1." (Emphasis added.) MAG Entertainment, LLC v. Division of
Alcoholic Beverage Control, 375 N.J.Super. 534, 546 (App. Div. 2005). The
Court added that “[u]nder OPRA, agencies are required to disclose only
‘identifiable’ government records not otherwise exempt ... In short, OPRA
does not countenance open-ended searches of an agency’s files.” (Emphasis
added.) Id. at 549.
In Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div.
2005), the Superior Court held a requestor must specifically describe the
document sought because OPRA operates to make identifiable government
records “accessible.” “As such, 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.” supra.
Moreover, in Bart v. Passaic County Public Housing Agency, 406 N.J. Super.
445 (App. Div. 2009) the Appellate Division stated:
“The Act [OPRA] does not, however, require custodians of government
records to undertake research for a requestor. The requestor must identify
the records sought with specificity. The request may not be a broad,
generic description of documents that requires the custodian to search the
agency's files and "analyze, compile and collate" the requested
information.” (citing MAG Entertainment, LLC v. Division of Alcoholic
Beverage Control, 375 N.J.Super. 534 (App. Div. 2005) and Bent v. Stafford
Police Department, 381 N.J.Super. 30 (App. Div. 2005)).
3) Any new policies, guidance, memorandums, documents, signage,
directives, orders, emails or any command issued by any individual
employed within the County, specifically the County board of commissioners
regarding the use of Marijuana off duty by County Law Enforcement within
the above-listed timeframe.
Kindly refer to the attached record, as provided by the Director of
Employee Relations.
4) Any records that show the Ocean County Police Academy or Ocean County
Sheriff’s Department still tests or does no longer test for Marijuana in
Police applicants.
The above requests seeks information or asks questions and does not
identify specific government records. As such, your request is an invalid
OPRA request and is denied. 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).
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. See Bent v. Stafford
Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are
not required to conduct research or create new records in response to an
OPRA request.
The New Jersey Superior Court has held "[w]hile OPRA provides an
alternative means of access to government documents not otherwise exempted
from its reach, it is not intended as a research tool litigants may use to
force government officials to identify and siphon useful information.
Rather, OPRA simply operates to make identifiable government records
‘readily accessible for inspection, copying, or examination.’ N.J.S.A.
47:1A-1." (Emphasis added.) MAG Entertainment, LLC v. Division of
Alcoholic Beverage Control, 375 N.J.Super. 534, 546 (App. Div. 2005). The
Court added that “[u]nder OPRA, agencies are required to disclose only
‘identifiable’ government records not otherwise exempt ... In short, OPRA
does not countenance open-ended searches of an agency’s files.” (Emphasis
added.) Id. at 549.
In Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div.
2005), the Superior Court held a requestor must specifically describe the
document sought because OPRA operates to make identifiable government
records “accessible.” “As such, 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.” supra.
Moreover, in Bart v. Passaic County Public Housing Agency, 406 N.J. Super.
445 (App. Div. 2009) the Appellate Division stated:
“The Act [OPRA] does not, however, require custodians of government
records to undertake research for a requestor. The requestor must identify
the records sought with specificity. The request may not be a broad,
generic description of documents that requires the custodian to search the
agency's files and "analyze, compile and collate" the requested
information.” (citing MAG Entertainment, LLC v. Division of Alcoholic
Beverage Control, 375 N.J.Super. 534 (App. Div. 2005) and Bent v. Stafford
Police Department, 381 N.J.Super. 30 (App. Div. 2005)).
Respectfully submitted,
Michelle I. Gunther
Clerk of the Board
Ocean County Board of Commissioners
101 Hooper Avenue, P.O. Box 2191
Toms River, New Jersey 08754-2191
Phone: (732) 929-2005
[1]https://co.ocean.nj.us/frmOpraLaw.aspx
[2]county-seal-sm
OPRA: RIGHT OF APPEAL
If you wish to challenge a decision of the Custodian of Records denying
access to government records, you may:
• Institute a proceeding to challenge the decision by filing an action in
the Superior Court of New Jersey; or
• File a complaint with the Government Records Council in the Department
of Community Affairs. (N.J.S.A. 47:1A-6)
From: MarijuanaMan <[OPRA #36846 email]>
Sent: Monday, November 28, 2022 3:14 PM
To: OPRA <[Ocean County request email]>
Subject: [EXTERNAL] OPRA request - Human Resources and County as whole
request
This message has originated from an External Source. Please use proper
judgment and caution when opening attachments, clicking links, or
responding to this email.
══════════════════════════════════════════════════════════════════════════
Dear Record Custodian,
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.
Since the implementation A.G. Platkin’s Memorandum on the use of Marijuana
off duty by Police Officers issued in April of 2022, please provide the
following documentation from April 2022 to the present:
The number of Sheriff Officer applicants disqualified from employment for
Marijuana use.
The number of any investigations, disciplinary actions, drug tests,
terminations, or other actions against Department sworn employee’s for
positive Marijuana tests since the above-listed timeframe.
Any new policies, guidance, memorandums, documents, signage, directives,
orders, emails or any command issued by any individual employed within the
County, specifically the County board of commissioners regarding the use
of Marijuana off duty by County Law Enforcement within the above-listed
timeframe.
Any records that show the Ocean County Police Academy or Ocean County
Sheriff’s Department still tests or does no longer test for Marijuana in
Police applicants.
Yours faithfully,
FratLaw
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