Opra Request 7 Day response required

John Allen made this OPRA request to Stratford Borough This request has been closed to new correspondence. Contact us if you think it should be reopened.

1 follower

The request was refused by Stratford Borough.

Dear Stratford Borough,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:

All emails sent by Municipal Clerk Ben Angeli to Pamela Pellegrini for the period of 4/1/2018 to 8/30/2018

All emails received by Municipal Clerk Ben Angeli from Pamela Pellegrini for the period of 4/1/2018 to 8/30/2018

All emails sent by Municipal Clerk Ben Angeli to Albert Olizi for the period of 4/1/2018 to 8/30/2018

All emails received by Municipal Clerk Ben Angeli from Albert Olizi for the period of 4/1/2018 to 8/30/2018

All emails sent from Municipal Clerk Ben Angeli to Sharon McCart for the period of 4/1/2018 to 8/30/2018

All emails received by Municipal Clerk Ben Angeli by Sharon McCart for the period of 4/1/2018 to 8/30/2018

We received your Open Public Records Act (OPRA) request on 8-31-18. The official Records Custodian, Ben Angeli, received your OPRA request on 09-05-18. As such, the seven (7) business day deadline to respond to your request is 9-14-18
.
Your OPRA request sought access to the following (I have assigned each a separate OPRA Request # so I can get you your responses ASAP):

All emails sent by Municipal Clerk Ben Angeli to Pamela Pellegrini for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-02

All emails received by Municipal Clerk Ben Angeli from Pamela Pellegrini for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-03

All emails sent by Municipal Clerk Ben Angeli to Albert Olizi for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-04

All emails received by Municipal Clerk Ben Angeli from Albert Olizi for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-05

All emails sent from Municipal Clerk Ben Angeli to Sharon McCart for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-06

All emails received by Municipal Clerk Ben Angeli by Sharon McCart for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-07

Your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request. OPRA allows custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, “the requestor shall be advised by the custodian when the record can be made available. If the record is not made available by that time, access shall be deemed denied.”

Your request requires an extension of time until 9-19-18.

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 [insert name of Agency] 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.

Ben Angeli

Municipal Clerk

Borough of Stratford

307 Union Avenue

Stratford, New Jersey 08084

Phone 856-783-0600

Fax 856-783-7949

________________________________________
From: John Allen [[OPRA #2409 email]]
Sent: Friday, August 31, 2018 6:17 PM
To: Angeli, Ben
Subject: OPRA request - Opra Request 7 Day response required

Dear Stratford Borough,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:

All emails sent by Municipal Clerk Ben Angeli to Pamela Pellegrini for the period of 4/1/2018 to 8/30/2018

All emails received by Municipal Clerk Ben Angeli from Pamela Pellegrini for the period of 4/1/2018 to 8/30/2018

All emails sent by Municipal Clerk Ben Angeli to Albert Olizi for the period of 4/1/2018 to 8/30/2018

All emails received by Municipal Clerk Ben Angeli from Albert Olizi for the period of 4/1/2018 to 8/30/2018

All emails sent from Municipal Clerk Ben Angeli to Sharon McCart for the period of 4/1/2018 to 8/30/2018

All emails received by Municipal Clerk Ben Angeli by Sharon McCart for the period of 4/1/2018 to 8/30/2018

-------------------------------------------------------------------

Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #2409 email]

Is [email address] the wrong address for OPRA requests to Stratford Borough? If so, please contact us using this form:
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:
https://opramachine.com/help/officers

View this OPRA request & responses online:
https://opramachine.com/request/opra_req...

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.

-------------------------------------------------------------------

Your OPRA request sought access to the following:

All emails sent by Municipal Clerk Ben Angeli to Pamela Pellegrini for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-02

All emails received by Municipal Clerk Ben Angeli from Pamela Pellegrini for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-03

All emails sent by Municipal Clerk Ben Angeli to Albert Olizi for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-04

All emails received by Municipal Clerk Ben Angeli from Albert Olizi for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-05

All emails sent from Municipal Clerk Ben Angeli to Sharon McCart for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-06

All emails received by Municipal Clerk Ben Angeli by Sharon McCart for the period of 4/1/2018 to 8/30/2018 - OPRA REQUEST #2018-09-07

I previously requested an extension, but after conferring with our Solicitor, all six of these requests are being denied. These requests are not proper as it is too broad because they do not identify the subject matter of the e-mails.

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.

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 [insert name of agency] 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.