Dear PburgAdvocate,

The following are responses to various Open Public Records Act requests
received between 8/25/2023 and 8/31/2023: 

• Regarding the request dated 8/26/2023, please see the attached
document containing the requested phone records for calls and data
usage to the extent provided by the wireless provider.  Please be
advised that the portion of the request pertaining to all text
messages is denied on the grounds of being an overly broad and/or
unclear request. 
• Regarding the request dated 8/27/2023 pertaining to an independent
investigation report, the request is denied pursuant to N.J.S.A.
47:1A-10 as the requested report constitutes a personnel record. 
• Regarding the request dated 8/27/2023 pertaining to fuel usage, please
see the attached documents to the extent available from the fuel
management system. 
• Regarding the request dated 8/29/2023 please see the attached document
containing the requested expense documents related to expenses. 
Please note that the CFO’s signature has been redacted for security
purposes. 
• Regarding the requests dated 8/30/2023 pertaining to mobile
applications and web browser history, the request is denied as this
request 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. 
• With regard to the request dated 8/30/2023 pertaining to GPS reports,
please see the attached documents containing the reports to available
to extent provided by the GPS system.
• Regarding the request dated 8/31/2023 pertaining to electronic and
written work and appointment calendars the request is denied pursuant
to 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. 
• Regarding the request dated 8/31/2023 pertaining to iPhone location
data, the request is denied pursuant to 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. 

Best,

Matthew C. Hall, MPA

Clerk/Business Administrator

120 Filmore Street

Phone: 908-454-5500

Fax: 908-454-6511

[1]www.phillipsburgnj.org

References

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1. http://www.phillipsburgnj.org/