The Monmouth County Society for the Prevention of Cruelty to Animals
(“MSPCA”) is in receipt of your record request pursuant to the New Jersey
Open Public Records Act (“OPRA”) and common law’s Right of Access. Please
be advised that the Monmouth SPCA is no longer considered a “public
agency” since the passage of New Jersey Senate Bill No. 3558 in 2018 and,
therefore, not obligated under the New Jersey Open Public Records Act to
provide any records. Pursuant to Senate Bill No. 3558, entitled “Revises
animal cruelty law enforcement in NJ,” the provisions of Title 4 of the
New Jersey Revised Statutes related to the administration, authority, and
duties of the NJSPCA and county SPCA were repealed.

Furthermore, record requests made under common law’s Right of Access are
only applicable to “public records,” which has to be “a written memorial,
that it be made by a public officer, and that the officer is authorized by
law to make it.” Josefowicz v. Porter, 32 N.J.Super. 585, 5918 (App. Div.
1954). As stated above, any statutory construction, control, and
authorization over the NJSPCA and county SPCA has been repealed since the
2018 amendment.

Should you have any questions, concerns, or comments, please direct all
correspondences to [1][email address] or call 732-542-0040.
Thank you for your professional courtesy and consideration.

--
Ross Licitra
Executive Director
Monmouth County SPCA 
732-542-0040

References

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1. mailto:[email address]