OPRA-Req-23-1575
Date Received: 12/11/2023
Status: Received
Applicant: Old Bridge Watchdog
Information Requested: 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.
Records requested:

Please provide the following documents which demonstrate the
continual misappropriation of taxpayer funds:

Co py of Old Bridge PBA Local 127A Grievance regarding Union
Release Time (2023) Copy of PERC ruling for Union Release Time
(2023) Total invoices and/or bills paid to Robert Merryman Esq for
representing Old Bridge Township in this grievance matter The
invoice to Old Bridge Township for the arbitration hearing (cost
of hearing officer)

Yours faithfully,

Old Bridge Watchdog

Assignments
Clerk Status: Received
   Action:

Extension needed until January 8, 2024.
Spatial Data Logic 2021

OPRA-Req-23-1575
Date Received: 12/11/2023
Status: Received
Applicant: Old Bridge Watchdog
Information Requested: 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.
Records requested:

Please provide the following documents which demonstrate the
continual misappropriation of taxpayer funds:

Co py of Old Bridge PBA Local 127A Grievance regarding Union
Release Time (2023) Copy of PERC ruling for Union Release Time
(2023) Total invoices and/or bills paid to Robert Merryman Esq for
representing Old Bridge Township in this grievance matter The
invoice to Old Bridge Township for the arbitration hearing (cost
of hearing officer)

Yours faithfully,

Old Bridge Watchdog

RESPONSE:

The response for total bills should be requires collating analysis
etc I believe it is the MAG case
The invoice for arbitrator needs to be looked at for redaction

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________________________________________
From: Kathryn Hutchinson <[email address]>
Sent: Tuesday, December 26, 2023 9:50:59 AM
To: Kenneth Lozier <[email address]>; Ken Lozier
(Legal) <[email address]>
Cc: Evelyn Rosario <[email address]>
Subject: OPRA Question

Good Morning Ken,

Please see the below O PRA request from the Watch Dog. I know we
had a similar request regarding bereavement time. What exactly is
Union Release time. Is that specific enough? I was suppose to
bring this to you last week and forgot. I took an extension until
January 8, 2023.

Copy of Old Bridge PBA Local 127A Grievance regarding Union
Release Time (2023) Copy of PERC ruling for Union Release Time
(2023) Total invoices and/or bills paid to Robert Merryman Esq for
representing Old Bridge Township in this grievance matter The
invoice to Old Bridge Township for the arbitration hearing (cost
of hearing officer)

Should I send the same response that was sent to the other similar
request; See below:

Copy of Old Bridge PBA Local 127 Grievance regarding Bereavement
Leave (2023) Copy of PERC ruling for Bereavement Grievance (2023)
Total invoices and/or bills paid to Robert Merryman Esq for
representing Old Bridge Township in this grievance matter The
invoice to Old Bridge Township for the arbitration hearing (cost
of hearing officer)

RESPONSE:

1. PBA 127 Grievance on Bereavement leave is not valid OPRA as it
is exempt pursuant to N.J.S.A. 47:1A-10 personnel records

2. PERC ruling for Bereavement Grievance (2023)- is not valid OPRA
as it is exempt pursuant to N.J.S.A. 47:1A-10 personnel records

3.Total invoices and or bills paid to Robert Merryman Esq. for
representing OBT in this grievance matter A:This OPRA request is
intended to circumvent the discovery process, which is not OPRA's
intent. Additionally, OPRA is not intended as a research tool
litigants may use to force government officials to identify and
siphon useful information. Under OPRA, agencies are required to
disclose only "identifiable" governmental documents not otherwise
exempt. Wholesale requests for general information which have to
be collated, analyzed and compiled by the entity are not required.
This governmental custodian is not required to c onduct research,
analyze, collate, compile and/or correlate data from existing
government records. A blanket request for all documents is not a
document request pursuant to OPRA and existing case law. MAG
Entm't , LLC v. Div of ABC, 375 N.J. Super. 534,546-549 (App. Div.
2005), "under OPRA, agencies are required to disclose only
'identifiable' government records and not otherwise exempt.. In
short, OPRA does not countenance open-ended searches of agency's
files" Id. (emphasis added). Bent v. Stafford Police Dep't. 381
N.J. Super. 30,37 (App. Div. 2005), N.J. Builders Ass'n v. N.J.
Council on Affordable Hous., 390 N.J. Super. 166, 180 (App. Div.
2007); Schuler v. Borough of Bloomsbury, GRC Complaint No.
2007-151 (February 2009).

B:A request for a "file" "all" "any and all" etc. is invalid
because it represents a blanket request for a class of various,
unidentifiable records and constitutes a broad and unclear
request. See Morgano v Essex Cnty. Prosecutors's Office, GRC Co
mplaint No. 2007-190 (February 2008); Nunley v N.J. State Parole
Bd., GRC Complaint No. 2013 -335 (July 2014); Redden v. Cape May
Cnty. Prosecutor's Office GRC Complaint No. 2007-206 (September
2009); Bragg v. N.J. Dep't of Corrections, GRC Complaint No.
2010-145 (March2011); Bradley-Williams v. Atlantic Cnty. Jail, GRC
Complaint No. 2011-232 (December 2012); Torian v. N.J. State
Parole Bd., GRC Complaint No. 2013-245 (June 2014)

3.The invoice to Old Bridge Township for the arbitration hearing
(cost of hearing officer)-Requires review for potential redactions
will follow later.
Spatial Data Logic 2022

OPRA-Req-23-1575
Date Received: 12/11/2023
Status: Received
Applicant: Old Bridge Watchdog
Information Requested: 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.
Records requested:

Please provide the following documents which demonstrate the
continual misappropriation of taxpayer funds:

Co py of Old Bridge PBA Local 127A Grievance regarding Union
Release Time (2023) Copy of PERC ruling for Union Release Time
(2023) Total invoices and/or bills paid to Robert Merryman Esq for
representing Old Bridge Township in this grievance matter The
invoice to Old Bridge Township for the arbitration hearing (cost
of hearing officer)

Yours faithfully,

Old Bridge Watchdog

Assignments
Clerk Status: Received
   Action:

Response:

An extension is required until January 12, 2024

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 Township of Old
Bridge 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
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.
Spatial Data Logic 2021

OPRA-Req-23-1575
Date Received: 12/11/2023
Status: Received
Applicant: Old Bridge Watchdog
Information Requested: 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.
Records requested:

Please provide the following documents which demonstrate the
continual misappropriation of taxpayer funds:

Copy of Old Bridge PBA Local 127A Grievance regarding Union
Release Time (2023) Copy of PERC ruling for Union Release Time
(2023) Total invoices and/or bills paid to Robert Merryman Esq for
representing Old Bridge Township in this grievance matter The
invoice to Old Bridge Township for the arbitration hearing (cost
of hearing officer)

Yours faithfully,

Old Bridge Watchdog

RESPONSE:

Please see the below responses and attached records responsive to
your request
1. Copy of Old Bridge PBA Local 127A Grievance regarding Union
Release Time (2023) is not a valid OPRA as it is exempt pursuant
to N.J.S.A. 47:1A-10 personnel records

2. PERC ruling for Bereavement Grievance (2023)- is not a valid
OPRA as it is exempt pursuant to N.J.S.A. 47:1A-10 personnel
records

3.   Total invoices and or bills paid to Robert Merryman Esq. for
representing OBT in this grievance matter : non-specific

4. The invoice to Old Bridge Township for the arbitration hearing
(cost of hearing officer)-see attached

Under OPRA, agencies are required to disclose only "identifiable"
governmental documents not otherwise exempt. Wholesale requests
for general information which have to be collated, analyzed and
compiled by the entity are not required. This governmental
custodian is not required to conduct research, analyze, collate,
compile and/or correlate data from existing government records. A
blanket request for all documents is not a document request
pursuant to OPRA and existing case law. MAG Entm't , LLC v. Div of
ABC, 375 N.J. Super. 534,546-549 (App. Div. 2005), "under OPRA,
agencies are required to disclose only 'identifiable' government
records and not otherwise exempt.. In short, OPRA does not
countenance open-ended searches of agency's files" Id. (emphasis
added). Bent v. Stafford Police Dep't. 381 N.J. Super. 30,37 (App.
Div. 2005), N.J. Builders Ass'n v. N.J. Council on Affordable
Hous., 390 N.J. Super. 166, 180 (App. Div. 2007); Schuler v.
Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009).
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.
Spatial Data Logic 2022