Steven B. Dimian, Esq.

Please be advised that pursuant to regulation, N.J.A.C. 13:1E-2, and
long-standing policy and practice of the Department of Law and Public
Safety (L&PS), submission of OPRA requests by facsimile transmission or
e-mail is not permitted. N.J.A.C. 13:1E-2.4(a) states: “Written Open
Public Records Act (OPRA) requests shall be hand-delivered during normal
business hours of the public agency, mailed or submitted electronically to
the appropriate division or agency custodian of records over the Internet
by means of a web-enabled OPRA request form, which can be found on the
Department of Law and Public Safety OPRA website,
[1]www.state.nj.us/lps/opra. Submission of requests by facsimile
transmission or e-mail is not permitted.” N.J.A.C. 13:1E-2.4(b) provides,
in part: “Only the appropriate division or agency custodian of the record
requested is authorized to accept receipt of an OPRA request on behalf of
that division or agency.” This restriction is supported by New Jersey case
law. In 2009, the Appellate Division stated in Renna v. County of Union,
407 N.J. Super. 230 (App. Div. 2009), “the primary objective of the
statutory construct is that the requester set forth in writing, and in a
cogent and clear manner, the nature of the request and the other
information required by N.J.S.A. 47:1A-5(f).” On the same day, the
Appellate Division held in Paff v. City of East Orange, 407 N.J. Super.
221 (App. Div. 2009): “We conclude that the authority N.J.S.A. 47:1A-5 (f)
(1) confers upon a custodian of government records to adopt a form for
requesting access to a government record, which includes ‘specific
directions and procedures for requesting a record,’ authorizes a custodian
to direct that a request for a government record must be transmitted only
by methods specified in the form, which need not include every method of
transmission mentioned in N.J.S.A. 47:1A-5(g).” 

The records request form for the Department of Law and Public Safety, in
relevant part, states: 1. State Law requires that in order to request
access to government records, you must complete, sign and date a written
request for access and deliver it in person or by mail during regular
business hours to the appropriate custodian of the record requested. You
may also complete and submit a web enabled version of this request form at
[2]www.nj.gov/opra. L&PS will not accept submission of a written request
for access by fax or email. Your request is not considered filed until the
written request has been received by the appropriate custodian of the
record requested.2. If you 1) submit a request for access to government
records to someone other than the appropriate custodian; or 2) do not
complete a written request containing the information required in this
form; or 3) make a request for access by telephone, email or fax, the Open
Public Records Act and its deadlines, restrictions and remedies will not
apply to your request. For these reasons, I am not able to accept your
recent e-mail to the Division of State Police as a valid OPRA request. You
can file an OPRA request on-line with the Division of State Police using
the Online Request Form found at either the State Police website or the
Department of Law and Public Safety OPRA website
[3]www.state.nj.us/lps/opra. or
[4]https://www-njlib.state.nj.us/NJ_OPRA/de...

The online OPRA request process was designed for the ease and convenience
of requesters. You are not required to submit an OPRA request by using the
online or paper OPRA request form. However, you are required to submit
OPRA requests in writing. Should you choose to submit a written OPRA
request, please be sure to mail it to the appropriate division records
custodian.

Sincerely,

Sgt. Matthew Dye

NJSP OPRA Unit

══════════════════════════════════════════════════════════════════════════

From: Karen Doctor <[OPRA #59174 email]>
Sent: Tuesday, March 5, 2024 12:54 PM
To: NJSP OPRA <[email address]>
Subject: [EXTERNAL] OPRA request - OPRA Request for MVA Case NO.:
B130202400394C
 
***  CAUTION  ***  This message came from an EXTERNAL address
([email address]).
DO NOT click on links or attachments unless you know the sender and the
content is safe. New Jersey State Government Employees Should Forward
Messages That May Be Cyber Security Risks To [email address].

Dear New Jersey State Police,

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:

Dear Sir/Madam:

This office represents Christopher Scanlon who was injured on February 5,
2024, during a motor vehicle accident near the intersection of Interstate
Route 78 East at mile marker 53.2.  Please see attached police report
noting case number B130202400394C.

Please forward all documents pertaining to our client, Christopher
Scanlon, including any and all photographs, video recordings, body camera
records, audio recordings, security camera recordings and diagrams related
to the date of loss of February 5, 2024.

Furthermore, please preserve all documents pertaining to our client,
Christopher Scanlon until litigation is concluded on this matter,
including any and all photographs, video recordings, security camera
recordings and diagrams pertaining to Christopher Scanlon on the date of
loss.

Thank you for your anticipated cooperation.

Very truly yours,

Steven B. Dimian, Esq.

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Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #59174 email]

Is [NJSP request email] the wrong address for OPRA requests to New Jersey State
Police? If so, please contact us using this form:
[5]https://urldefense.com/v3/__https://opra...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]https://urldefense.com/v3/__https://opra...

View this OPRA request & responses online:
[7]https://urldefense.com/v3/__https://opra...

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.

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