Good evening,

The Borough of Emerson and I, as the Custodian of Records, received your Open Public Records Act (OPRA) request and common law request on May 22, 2025 for:

"*This request is intended for the Building Department or the appropriate custodian of the requested records. If you are not the correct recipient, please forward this request to the appropriate department or individual that holds these records.

*Certificates of Continued Occupancy

*Certificates of Approval

*Certificates of Compliance

*Please provide records for all submissions made within the last 60 days, limited to commercial properties or spaces, in a spreadsheet or CSV format."

As such, the seven (7) business day deadline to respond to your request is June 3, 2025. This response to your request is being provided to you on the 6th business day after receipt of said request.

Please be advised that your request has not been properly submitted under the Open Public Records Act, specifically in accordance with N.J.S.A. 47:1A-5f, and is, therefore, denied.

As you also made a request under the common law right of access, please be further advised that you have not provided me with your legally recognized interest in the subject matter contained in the material being sought, as is required, and therefore, I could not conduct a balancing test, as is also required, to determine whether your interest is valid. Therefore, your request under the common law right of access is also denied.

Please feel free to submit a proper request and we will be happy to process it.

If your request for access to a government record has been denied or unfilled within the seven (7) or fourteen (14) business days required by law, you have a right to challenge the decision by the Borough of Emerson to deny access. At your option, you may either: 1) institute a proceeding in the Superior Court of New Jersey; or 2) file a complaint with the Government Records Council (“GRC”) by completing the Denial of Access Complaint Form. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County. Questions regarding the GRC’s Denial of Access Complaint process can be directed to the GRC 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 Council can answer general inquiries about OPRA.

Sincerely,

Michelle Ryan
Acting Borough Clerk
Borough of Emerson
1 Municipal Place
Emerson, New Jersey 07630
Tel: 201-262-6086 ext. 1200
Email: [Emerson Borough request email]
Website: www.emersonnj.org

-----Original Message-----
From: M. Salem <[OPRA #76420 email]>
Sent: Wednesday, May 21, 2025 5:14 PM
To: Michelle Ryan <[Emerson Borough request email]>
Subject: Re: OPRA request - OPRA Request—Certificates

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders..

Dear Emerson Borough,

I apologize for not including the required disclosures in my original request.

1. I have not been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
2. I intend to use the requested government records for a commercial purpose.
3. I am not seeking these records in connection with a legal proceeding.
4. I am not requesting these records under common law.

Thank you.

Yours faithfully,
Salem

-----Original Message-----
From: M. Salem <[OPRA #76420 email]>
Sent: Wednesday, May 21, 2025 7:19 AM
To: Michelle Ryan <[Emerson Borough request email]>
Subject: OPRA request - OPRA Request—Certificates

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders..

Dear Emerson Borough,

*This request is intended for the Building Department or the appropriate custodian of the requested records. If you are not the correct recipient, please forward this request to the appropriate department or individual that holds these records.

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:

*Certificates of Occupancy

*Certificates of Continued Occupancy

*Certificates of Approval

*Certificates of Compliance

*Please provide records for all submissions made within the last 60 days, limited to commercial properties or spaces, in a spreadsheet or CSV format.

You are the best.

Yours faithfully,

Salem

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