OPRA Request – City of Atlantic City

Re: Incident reports, including full narratives, pertaining to charges of
obstruction, resisting arrest,

and assault on a police officer spanning the dates January 1, 2022, to
December 31, 2024.

 

Good morning:

 

I am following-up on the response to your OPRA request.

 

Please be advised, as submitted your OPRA request is overbroad. See
N.J.S.A. 47:1A-1 et seq.

 

A party requesting access to a public record under OPRA must specifically
describe the document sought. Bent v. Twp. of Stafford Police Dep't,
Custodian of Records, 381 N.J. Super. 30, 37 (App. Div. 2005); Gannett New
Jersey Partners, LP v. Cty. Of Middlesex, 379 N.J. Super. 205, 213 (App.
Div. 2005); MAG Entm't, LLC v. Div. of Alcoholic Beverage Control, 375
N.J. Super. 534, 546-49 (App. Div. 2005). A proper request under OPRA must
identify with reasonable clarity those documents that are desired.  Bent,
381 N.J. Super. at 37; see also Burke v. Ocean Cty., 2013 WL 6169154, at
*3 (App. Div. Nov. 26, 2013) (differentiating a proper OPRA request from
broad civil discovery).

Additionally, OPRA “is not intended as a research tool ... to force
government officials to identify and siphon useful information.”  See 
Bent v. Twp. of Stafford Police Dep't, Custodian of Records, 381 N.J.
Super. 30, 37 (App. Div. 2005) (quoting MAG Entm't, LLC v. Div. of
Alcoholic Beverage Control, 375 N.J. Super. 534, 546-49 (App. Div. 2005). 
A records custodian is not required “to conduct research among its records
... and correlate data from various government records in the custodian's
possession.”  Id. To qualify under OPRA, the request must reasonably
identify a record and not generally seek data, information or statistics."

 

As drafted, your request would require government officials to research or
analyze information to determine responsiveness and/or identify and siphon
information that is not readily searchable, neither of which is required
by OPRA.  See MAG Entm’t, LLC v. Div. of Alcohol Beverage Control, 375
N.J. Super. 534 (App. Div. 2005); Burke v. Brandes, 429 N.J. Super. 169
(App. Div. 2021) (OPRA does not cover “research or analysis” to identify
responsive documents).

 

Kindly re-submit your request and identify the specific incident reports
that you are seeking.

 

 

Thank you.

 

 

 

Eddie Lax

Keyboarding Clerk 4
City Clerk’s Office

City of Atlantic City

[1]cid:image001.jpg@01D77E21.AEF596B0 1301 Bacharach Blvd – Room #704

Atlantic City, NJ 08401

(609) 347-5510

Email: [2][email address]

[3]twitter  [4]nextdoor  [5]instagram  [6]facebook  [7]yt

 

 

 

 

 

-----Original Message-----
From: Rahkeem <[OPRA #70279 email]>
Sent: Friday, January 3, 2025 12:20 AM
To: City Clerk <[email address]>
Subject: OPRA request - OPRA Request for Incident Reports

 

Dear Atlantic City,

 

 

 

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:

 

Incident reports, including full narratives, pertaining to charges of
obstruction, resisting arrest, and assault on a police officer spanning
the dates January 1, 2022, to December 31, 2024.

 

 

 

My preferred delivery method for response(s) to this request is by email
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.

 

 

 

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Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:

 

[8][OPRA #70279 email]

 

 

 

Is [9][Atlantic City request email] the wrong address for OPRA requests
to Atlantic City? If so, please contact us using this form:

 

[10]https://linkprotect.cudasvc.com/url?a=ht...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

 

[11]https://linkprotect.cudasvc.com/url?a=ht...

 

 

 

View this OPRA request & responses online:

 

[12]https://linkprotect.cudasvc.com/url?a=ht...

 

 

 

 

 

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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8. mailto:[OPRA #70279 email]
9. mailto:[Atlantic City request email]
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