Dear Mr. Kim,  

The Borough of Madison received your Open Public Records Act (OPRA)
request on August 31, 2023.  The official Records Custodian, Elizabeth
Osborne, received your OPRA request on August 31, 2023.  As such, the
seven (7) business day deadline to respond to your request is September
12, 2023.  This response to your request is being provided to you on the
first business day after the custodian’s receipt of said request. 

Your OPRA request sought access to the following: 

Total number of body camers currently deployed in the police department.

date on which body cameras were deployed to any of the police officers for
the first time (year and month).

all invoices of body cameras purchases (if body cameras were purchased).

Dates of initial body camera assignment for each police officer currently
employed.

Your request requires additional time beyond the seven (7) business days
to fulfill. OPRA allows custodians to seek extensions of time pursuant
to N.J.S.A. 47:1A-5.i.  Specifically, OPRA states that, “the requestor
shall be advised by the custodian when the record can be made available.
If the record is not made available by that time, access shall be deemed
denied.” 

Your request requires an extension of time until September 21, 2023. 

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the [insert name of Agency] to deny
access. At your option, you may either institute a proceeding in the
Superior Court of New Jersey or file a complaint with the Government
Records Council (GRC) by completing the Denial of Access Complaint Form. 
You may contact the GRC by toll-free telephone at 866-850-0511, by mail at
P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at
their web site at [1]www.state.nj.us/grc. The GRC can also answer other
questions about the law.  All questions regarding complaints filed in
Superior Court should be directed to the Court Clerk in your County. 

Sincerely, 

Caridad Reyes

Deputy Borough Clerk

Borough of Madison

[2]cid:image002.jpg@01D5A9F5.CAB15A80 50 Kings Road

Tel: (973) 593-3040 

Fax: (973) 593-0125

[email address]

References

Visible links
1. http://www.state.nj.us/grc

Dear Mr. Kim,
The Borough of Madison received your Open Public Records Act (“OPRA”) and
common law request (“Request”) on August 31, 2023. The seven business day
deadline to respond to your Request is September 12, 2023.  An extension
of time was requested until September 21, 2023.
Your Request seeks the following:
1. Total number of body cameras currently deployed in the police
department.
2. Date on which body cameras were deployed to any of the police officers
for the first time (year and month).
3. All invoices of body cameras purchases (if body cameras were
purchased).
4. Dates of initial body camera assignment for each police officer
currently employed.
Please be advised that items 1, 2, and 4 of your Request constitute
invalid requests for information. Please note that OPRA operates to make
identifiable government records “readily accessible for inspection,
copying, or examination.” N.J.S.A. § 47:1A-1; MAG Entertainment, LLC v.
Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div.
2005). MAG Entertainment, LLC 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 . . . to force government
officials to identify and siphon useful information.” Id. at 547. “Under
OPRA, agencies are required to disclose only ‘identifiable’ government
records not otherwise exempt. Wholesale requests for general information
to be analyzed, collated and compiled by the responding government entity
are not encompassed therein.” Id. at 549; see also Bent v. Stafford Police
Dep’t, 381 N.J. Super. 30, 37 (App. Div. 2005) (holding that OPRA only
allows requests for records as contrasted from information, and to qualify
under OPRA a request must reasonably identify a record and not generally
data, information or statistics). The Appellate Division repeated these
principles in holding:
Agencies are only obligated to disclose identifiable government records.
The statute “only allows requests for records, not requests for
information.” A proper request “must identify with reasonable clarity
those documents that are desired.” “Wholesale requests for general
information to be analyzed, collated and compiled” by the agency are
outside OPRA’s scope.
Burke v. Brandes, 429 N.J. Super. 169, 174 (App. Div. 2012) (citations
omitted); see also Lagerkvist v. Office of Governor of State, 443 N.J.
Super. 230, 237 (App. Div. 2015) (holding
that OPRA does not convert a custodian into a researcher, which would have
been the effect of the request).
In light of the above, items 1, 2, and 4 of your Request seeking
information with respect to the total number of body cameras currently
deployed, the date on which body cameras were initially deployed, and the
dates of initial body camera assignments to particular officers clearly
constitute requests for information that are outside of the scope of OPRA.
You are purportedly asking the Borough to conduct research in order to
analyze, compile, and collate information for you. Such an analysis
clearly exceeds the obligations of a record custodian. Accordingly, the
Borough is not legally obligated to respond to your inquiries.
Moreover, item 3 of your Request is invalid due to the lack of any date
limitation for the records that you are purportedly seeking. See Wares v.
Passaic Cty. Prosecutor’s Office, GRC Complaint No. 2014-330 (June 2015);
Love v. Borough of Spotswood, GRC Complaint No. 2014-223 (Interim Order
March 2015). As such, the Borough is not legally obligated to search for
any potentially responsive records.
To the extent that you have submitted your Request under the common law
right of access, your Request is also denied. In O’Boyle v. Borough of
Longport, 218 N.J. 168, 196 (2014), the Supreme Court of New Jersey held
that the party requesting documents under the common law right of access
must explain why he seeks access to the requested documents. See also
Gannett Satellite Information Network, LLC v. Twp. of Neptune, 254 N.J.
242 (2023) (holding that the person seeking access must establish an
interest in the subject matter of the material). Here, your Request lacks
any explanation with respect to your purported interest in accessing the
information at issue. Notwithstanding, even if you had explained your
precise interest in accessing the information, your Request would still be
deficient for the reason set forth above.
Your request is now deemed answered and closed.
Sincerely,
Elizabeth Osborne
Borough Clerk
Borough of Madison
HDM 50 Kings Road
Madison, NJ 07940
973-593-3041