OPRA Request PD

Union Township (Union) did not have the information requested.

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 copies of all police reports and dispatch logs for landlord-tenant disputes between 01/01/2019 to 5/01/2021.

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

Schulz, Jacqueline, Union Township (Union)

Hi Jack,

This request is being denied because it’s overly broad and not a valid OPRA request. I do not have a way to search my files by landlord-tenant disputes. These types of calls for service are categorized under disputes. This would require me to do research in order to locate landlord-tenants disputes within the main category of disputes in our CAD system. This request fails to identify the specific government record being sought. It fails to provide sufficient identifying information to enable me to locate responsive records and would require me to conduct research in order to determine which records, if any, may be responsive to the requests and therefore this request is invalid under OPRA pursuant to MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005); Bent v. Stafford Police Department, 381 N.J.Super. 30 (App. Div. 2005) and New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J. Super. 166, 180 (App. Div. 2007). Additionally, I would have to search our disputes to locate responsive records to landlord-tenant disputes which would require me to do research. OPRA is not intended as a research tool litigants may use to force government officials to identify and siphon useful information. Rather, OPRA simply operates to make identifiable government records "readily accessible for inspection, copying, or examination." N.J.S.A. 47:1A-1." (Emphasis added.) Mag Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.Super 534, 546 (March 2005). The Court further held that "[u]nder OPRA, agencies are required to disclose only "identifiable" government records not otherwise exempt ... In short, OPRA does not countenance open-ended searches of an agency's files." (Emphasis added.) Id. at 549. Additionally, if there are specific landlord-tenant disputes that you would like me to locate, please provide dates, times or case numbers and I will search my files for those cases. This completes your request.

Regards,
-----Original Message-----
From: Jack Smith [mailto:[OPRA #23298 email]]
Sent: Friday, May 21, 2021 12:43 PM
To: Clerks Office Website <[Union Township (Union) request email]>
Subject: OPRA request - OPRA Request PD

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 copies of all police reports and dispatch logs for landlord-tenant disputes between 01/01/2019 to 5/01/2021.

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

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Dear Schulz, Jacqueline,

Understood, Thank you for your response, it is appreciated.

Yours sincerely,

Jack Smith