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Dear Jack Smith,

Thank you for registering with the Jersey City OPRA Center. Below you will
find your login and password information. Please log in to the [2]Open
Public Records Center to update any contact or password information and to
track the progress of your requests.

Please note that, due to the active state of emergency in relation to
COVID-19, the City of Jersey City will not be able to respond to OPRA
requests within seven (7) business days. The City appreciates your
patience during this difficult time.
Login: [OPRA #23065 email]
 
Password:  [3]Update Password
 
If you are a first time user and did not submit your request through the
open public records portal but are receiving this e-mail, an account has
been created for you where you can access, track and receive any documents
in response to your request.
 
Thank You,
 
Custodian of Records
Jersey City, NJ
 
 
 
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References

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Dear Jack Smith:

Thank you for your interest in open public records of Jersey City OPRA
Center.  This will serve to acknowledge receipt of your Open Public
Records Act (OPRA) request.  Your request was received in this office on
5/17/2021.  Kindly refer to the reference number B001716-051721 when
communicating with our office in this regard.  Your request mentioned:

Subject: OPRA request - Open Records Request 0348 Open Records Request
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: Under
the Public Records Act, I am formally requesting to receive a list of
all Residential properties in your city where Water damage or a flood
was reported between 01/01/2019 to 5/01/2021. Please include the date,
address of property, and estimate of damage. Please provide requested
records in Excel format if available. If up-to-date data is not
available, please provide the most recently available information.
Please include a Record Index with your response. *A record index that
identifies each record requested and the specific legal basis for a
denial of access (including redactions) to each record. Thank you,
Jack Smith

Your request will be forwarded to the relevant City department(s) to
locate the information you seek and to determine the volume and any costs
associated with satisfying your request. You will be contacted about the
availability and/or provided with copies of the records in question.
 PLEASE NOTE: The State Public Information Act does not require a
governmental body to create new information, to do legal research, or to
answer questions.

Reference is made to your OPRA request captioned above. Please note that,
due to the state of emergency in relation to COVID-19, the City of Jersey
City will not be able to respond to OPRA requests within seven (7)
business days. Therefore, an additional thirty (30) days are needed for
the processing of your request. The City appreciates your patience during
this difficult time.

You can track and monitor the progress of your request at the link below
and you'll receive an email when your request has been completed. Again,
thank you for using the Jersey City OPRA Center.

Jersey City, NJ

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To monitor the progress or update this request please log into
the [1]Jersey City OPRA Center.

References

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--- Please respond above this line ---

  [1]GovQA logo
 
 
RE: OPEN PUBLIC RECORDS REQUEST of May 17, 2021, Reference #
B001716-051721

Jack Smith:

The City received a public information request from you on May 17, 2021.
Your request mentioned:

Subject: OPRA request - Open Records Request 0348

Open Records Request

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:

Under the Public Records Act, I am formally requesting to receive a
list of all Residential properties in your city where Water damage or
a flood was reported between 01/01/2019 to 5/01/2021. Please include
the date, address of property, and estimate of damage.

Please provide requested records in Excel format if available.

If up-to-date data is not available, please provide the most recently
available information.

Please include a Record Index with your response.
*A record index that identifies each record requested and the specific
legal basis for a denial of access (including redactions) to each
record.

Thank you,
Jack Smith

Under OPRA, agencies 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.” MAG Entertainment, LLC v.
Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App.
Div. 2005). “OPRA only allows requests for records, not request for
information.” Bent v. Stafford Twp., 381 N.J. Super. 30, 37 (App. Div.
2005) Further, “[r]esearch is not among the custodian’s responsibilities.”
Jersey Builders Ass’n v. New Jersey Council on Affordable Housing, 390
N.J. Super. 166, 177 (App. Div. 2007). Thus, requests requiring a
custodian to “collect, evaluate, and compile information” from separate
files, in effect, amount “to an improper demand for research.” MAG
Entertainment, supra. 375 N.J. Super. at 540.

The City does not maintain the records that you seek in this request. To
the extent they could even be compiled from existing data, if at all, such
an undertaking would require collection, evaluation and compilation from
separate sources. It would thus impermissibly require the City to conduct
research and/or create new records on your behalf.

Accordingly, your request is outside of the scope of OPRA and it is denied
in its entirety on this basis.

Sincerely,

Amanda Bransky

RMC, CMR

Office of City Clerk

 
 
 
 
  To monitor the progress or update this request please log into [3]GovQA
the [2]Jersey City OPRA Center. logo

References

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