Good morning,
received. Going forward please submit your OPRA requests to
[1][email address]
Thank you for your cooperation.

 
 
Roxanne Landy R.M.C. / C.M.R.
Municipal Clerk/Registrar
Township of Sparta
65 Main Street
Sparta, New Jersey 07871
973-729-4493
973/726-3664 - fax
 
CONFIDENTIALITY NOTICE: This electronic message contains information from
the Township of Sparta, New Jersey. This email and any files attached may
contain confidential information that is legally privileged. If you are
not the intended recipient or a person/firm responsible for delivering it,
you are hereby notified that any disclosure, copying, distribution, or use
of any of the information contained in or attached to this transmission is
strictly prohibited. If you have received this transmission in error,
please forward same to sender and destroy the original transmission and
its attachments without reading or saving it in any manner. Thank you.
>>> Ivan Kryuchkov <[OPRA #73936 email]>
3/23/2025 9:46 AM >>>
Dear Sparta Township,

Please accept this electronic request for public records made under OPRA
and the common law right of access.  I am not required to fill out an
official form or use a particular software platform to submit my request
per NJSA 47:1A-6(f), which states that an email from a requestor including
all of the information required on the adopted form shall suffice in place
of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New
Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

Part 1:
Copies of all incoming emails to [email address] and copies of
all outgoing emails from [email address] during the timeframe of
2/1/2025 and 3/15/2025. The incoming and outgoing emails requested are
INTERNAL and/or EXTERNAL to Sparta Township.

Part 2:
Phone records of all incoming and outgoing calls to Neill Clark on a) his
office phone and b) his township issued cell phone during the timeframe of
2/1/2025 and 3/15/2025.

Part 3:
All text messages incoming and outgoing to Neill Clark on his township
issued cell phone during the timeframe of 2/1/2025 and 3/15/2025.

My preferred delivery method for response(s) to this request is by E-mail
as attachments.  Please confirm you have received this request.  If you
are not the custodian of records, please forward my request to that person
and provide their email address to me for future reference.

Yours faithfully,

Ivan Kryuchkov

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Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #73936 email]

Is [Sparta Township request email] the wrong address for OPRA requests to
Sparta Township? If so, please contact us using this form:
[2]https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://opramachine.com/help/officers

View this OPRA request & responses online:
[4]https://opramachine.com/request/neill_cl...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

"OPRAmachine’s mission is to give people easy and affordable access to New
Jersey public records.
For more information, contact us at: ‪(732) 707-1628‬ or PO Box 3180, New
Brunswick, NJ 08903."

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References

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Good morning

I am respectfully requesting a 7 day extension to process your OPRA
request. 

Thank you for your consideration and patience.

CONFIDENTIALITY NOTICE: This electronic message contains information from
the Township of Sparta, New Jersey. This email and any files attached may
contain confidential information that is legally privileged. If you are
not the intended recipient or a person/firm responsible for delivering it,
you are hereby notified that any disclosure, copying, distribution, or use
of any of the information contained in or attached to this transmission is
strictly prohibited. If you have received this transmission in error,
please forward same to sender and destroy the original transmission and
its attachments without reading or saving it in any manner. Thank you.

Dear Mr. Kryuchkov:

Please be advised that under the Open Public Records Act (“OPRA”),
agencies such as the Township of Sparta are required to disclose only
“identifiable” governmental records not otherwise exempt.  Wholesale
requests for general information to be analyzed, collated and compiled by
the responding government entity are not encompassed therein.  In short,
OPRA does not countenance open-ended searches of an agency's files.  See,
MAG Ent., LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534,
549 (App. Div. 2005).  OPRA operates to make identifiable government
records “readily accessible for inspection, copying, or examination.”
N.J.S.A. 47:1A–1. Even then, inspection is subject to reasonable controls,
and courts have inherent power to prevent abuse and protect the public
officials involved. See DeLia v. Kiernan, 119 N.J. Super. 581, 585
(App.Div.), certif. denied, 62 N.J. 74, 299 A.2d 72 (1972).  In fact, if a
request would substantially disrupt agency operations, the custodian may
deny it and attempt to reach a reasonable solution that accommodates the
interests of the requestor and the agency. N.J.S.A. 47:1A–5(g).

At this time, we view your request for “copies of all incoming emails to
[email address] and copies of all outgoing emails from
[email address] during the timeframe of 2/1/2025 and 3/15” to be
an overbroad and wholesale request for general information to be analyzed,
collated and compiled.  Due to the voluminous number of e-mails
encompassed by your request, estimated by the Township to number over
2,000, we may deny your request under the “substantial disruption”
provision of OPRA.  See Gannett N.J. Partners v. Middlesex, 379 N.J.
Super. 205, 217 (App. Div. 2005).  However, before we deny your request on
the basis of substantial disruption, we have an obligation to propose a
“reasonable solution” designed to accommodate the interests of both the
Township and you, as requestor. 

As a “reasonable solution” to your request, we are proposing that you
narrow the scope of your request to identify with particularity the
subject matter of the e-mails which you are seeking.   We ask that you
advise of your response to this proposal promptly.  In the meantime, we
are reserving all rights under OPRA to, among other things, ultimately
deny your request on grounds of substantial disruption or other permitted
grounds, if a reasonable solution cannot be reached.

Regarding Part 2 of your request for “phone records of all incoming and
outgoing calls to Neill Clark on a) his office phone and b) his township
issued cell phone during the timeframe of 2/1/2025 to 3/15/2025,” please
be advised that this request is denied because no such records exists as
the Township does not maintain an office phone for Mr. Clark and Mr. Clark
does not have a township issued cell phone.  For these same reasons, your
request (Part 3) for “All text messages incoming and outgoing to Neill
Clark on his township issued cell phone during the timeframe of 2/1/2025
and 3/15/2025” is denied because these records do not exist as Mr. Clark
is not issued a township cell phone.  Further, our denial on these grounds
does not constitute a waiver of our right to deny this request on
additional lawful grounds, including, but not limited to confidentiality
and privilege, should our rights in this regard be further implicated.  

We await your reply as to the first part of your request and thank you for
your anticipated cooperation.    

CONFIDENTIALITY NOTICE: This electronic message contains information from
the Township of Sparta, New Jersey. This email and any files attached may
contain confidential information that is legally privileged. If you are
not the intended recipient or a person/firm responsible for delivering it,
you are hereby notified that any disclosure, copying, distribution, or use
of any of the information contained in or attached to this transmission is
strictly prohibited. If you have received this transmission in error,
please forward same to sender and destroy the original transmission and
its attachments without reading or saving it in any manner. Thank you.