OPRA Request – Police Deployment & Costs Related to I-80 East Exit 34 Sinkhole
Dear New Jersey State Police,
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.
Pursuant to the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), I am requesting access to and copies of the following public records:
1. A copy of any written instruction, directive, or order explaining the reason for police officers being stationed at every traffic light along all detour routes to Interstate 80, specifically in relation to the I-80 East Exit 34 sinkhole.
2. Any documents, reports, or records detailing the total cost associated with stationing police officers at these locations, including but not limited to salaries, overtime, and any other expenses incurred.
My preferred delivery method for response(s) to this request is by E-mail 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.
Yours faithfully,
AMS
Dear New Jersey State Police,
Please confirm receipt of this request and confirm it is being processed.
Thank you,
AMS
Dear New Jersey State Police,
Please direct this to the person who conducts Open Public Records Act reviews.
This request has not been responded to at all and I have not received any response to follow-up emails.
A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/opra_req...
Yours faithfully,
AMS
Your request was received by our office on 3/17/25 and has been assigned
reference number is C231712. You request is being processed and has a
current due date of 3/26/24.
══════════════════════════════════════════════════════════════════════════
From: AMS <[OPRA #73523 email]>
Sent: Tuesday, March 25, 2025 2:25 PM
To: NJSP OPRA <[email address]>
Subject: [EXTERNAL] Internal review of OPRA request - OPRA Request –
Police Deployment & Costs Related to I-80 East Exit 34 Sinkhole
*** 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,
Please direct this to the person who conducts Open Public Records Act
reviews.
This request has not been responded to at all and I have not received any
response to follow-up emails.
A full history of my OPRA request and all correspondence is available on
the Internet at this address:
[1]https://urldefense.com/v3/__https://opra...
Yours faithfully,
AMS
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[OPRA #73523 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://urldefense.com/v3/__https://opra...
View this OPRA request & responses online:
[3]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.
Hello,
The 7th Business Day was actually today, 03/25/25.
I assume the deadline you are giving “3/26/24” should be 3/26/25.
Please fulfill this request by 03/26/25.
Yours sincerely,
AMS
Please see attached...
CONFIDENTIALITY NOTICE The information contained in this communication
from the Office of the New Jersey Attorney General is privileged and
confidential and is intended for the sole use of the persons or entities
who are the addressees. If you are not an intended recipient of this
e-mail, the dissemination, distribution, copying or use of the information
it contains is strictly prohibited. If you have received this
communication in error, please immediately contact the Office of the
Attorney General at (609) 292-4925 to arrange for the return of this
information.
March 26, 2025
Sgt. Christopher Lacher
c/o New Jersey State Police
Division of State Police
State Police HQ, 1040 River Rd, Bldg. 15
West Trenton, NJ 08628
Subject: Appeal of OPRA Request Denial (Request Number: C231712)
Dear Sgt. Christopher Lacher,
I am writing to formally appeal the denial of my Open Public Records Act (OPRA) request dated March 17, 2025, identified as Request Number C231712. My request sought the following records:
1. A copy of any written instruction, directive, or order explaining why police officers were stationed at every traffic light along all detour routes to Interstate 80, specifically in relation to the I-80 East Exit 34 sinkhole.
2. Any documents, reports, or records detailing the total cost associated with stationing officers at these locations, including but not limited to salaries, overtime, and other expenses.
My request was denied as “improper and overbroad,” citing MAG Entertainment, LLC v. Division of Alcohol Beverage Control and Bent v. Township of Stafford Police Department. While I understand requests must be specific, I believe this request was explicitly clear and narrow enough to identify the records I seek.
Specifically, the MAG Entertainment case dealt with a request that was deemed too broad because it sought a general category of records without defining specific documents or parameters. In contrast, my request identifies specific documents (written instructions and financial records) related to a particular event (the I-80 East Exit 34 sinkhole) within a defined timeframe. This should allow for a straightforward search, and the request is not overly general.
Similarly, the Bent v. Township of Stafford Police Department case involved a request that was ruled overly broad because it sought all police department policies and procedures without specifying particular documents or issues. My request is much more focused, asking for records related to a particular deployment of officers, not a wide range of department policies.
Therefore, I believe these cases do not apply to my request, which is sufficiently specific and narrowly tailored to the records I am seeking.
Furthermore, the seven-day delay in issuing the denial, received on March 24 after submission on March 17, seems excessive for such a clear and focused request, raising concerns about its handling. This request explicitly detailed the event, locations, and types of documents sought. I respectfully request reconsideration of this denial. If this appeal is denied as 'improper and overbroad,' I formally request an internal investigation into the management of my request. Please provide a response within seven business days, as required by OPRA, and outline any further appeal options.
Thank you for your time. Please let me know the next steps regarding this appeal.
Sincerely,
AMS
Good morning, AMS,
We have received your request to reconsider the Division’s response to
OPRA Request C231712 seeking: “(1) [a] copy of any written instruction,
directive, or order explaining the reason for police officers being
stationed at every traffic light along all detour routes to Interstate 80,
specifically in relation to the I-80 East Exit 34 sinkhole; (2) any
documents, reports, or records detailing the total cost associated with
stationing police officers at these locations, including but not limited
to salaries, overtime, and any other expenses incurred.” Be advised, we
have revisited your request and maintain our initial determination that
your request is overbroad and improper.
Under OPRA, a "requestor must identify the records sought with
specificity. The request may not be a broad, generic description of
documents that requires the custodian to search the agency's files and
'analyze, compile, and collate' the requested information." Bart v.
Passaic Cnty. Pub. Housing Agency, 406 N.J. Super. 445, 451 (App. Div.
2009) (citations omitted); see also Bent v. Twp. of Stafford Police Dep't,
381 N.J. Super. 30 (App. Div. 2005). OPRA also does not "authorize a party
to make a blanket request for every document a public agency has on file,"
and "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." Id. at 37.
More specifically, OPRA was not created to allow "open-ended searches of
an agency's files" and "is not intended as a research tool litigants may
use to force government officials to identify and siphon useful
information[,]" MAG Entertainment, LLC v. Div. of Alcohol Beverage
Control, 375 N.J. Super. 534, 546-49 (App. Div. 2005); see also Paff v.
Galloway 229 N.J. 340, 355 (2017) (citing MAG, “the request should not
require the records custodian to undertake a subjective analysis to
understand the nature of the request.”)
As an initial note, your request seeks records pertaining to an incident
which required an emergent response from a multitude of agencies.
Regarding item 1 of your request, is it overbroad as it would require the
Division to collect each written instruction, directive or order given and
make a subjective determination as to whether it “explained the reason for
police officers being stationed at every traffic light along all detour
routes to Interstate 80.”
Likewise, part 2 of your request seeking “any documents, reports, or
records” is overbroad as it fails to identify any specific records sought.
Moreover, similar to item 1, it would require the Division to undertake a
subjective analysis of records to determine whether records “detailed the
total cost associated with stationing police officers at locations” that
are unspecified in your request. For these reasons, your request is
overbroad and improper.
Further, please note, the Division received your request on Monday,
3/17/2025. OPRA requires agencies to respond to requests within seven
business days after receiving the request. N.J.S.A. 47:1A-5(i). Because
the Division received your request on 3/17/2025, it timely responded to
your request on 3/26/2025 (the seventh business day following receipt).
To the extent you still wish to challenge the Division’s response to your
request, you may do so by filing a complaint with the Government Records
Council or filing suit in Superior Court.
To file a complaint with the GRC, visit the GRC’s website at
[1]http://www.nj.gov/grc for information and to register your complaint.
In the alternative, you may contact the GRC by telephone at 1-866-850-0511
or by e-mail at [2][email address].
To file a complaint in Superior Court, a requestor may start a summary
(expedited) lawsuit in the Superior Court. A written complaint and order
to show cause must be filed with the court at Government Records Council,
P.O. Box 819, Trenton, New Jersey 08625-0819. The court requires a filing
fee, and you must serve the lawsuit papers on the appropriate parties.
Additionally, important information related to your rights concerning
government records can be found on the last page of the attached Open
Public Records Act Request Form.
Respectfully,
Lieutenant Richard Ashkar
Open Public Records Unit
══════════════════════════════════════════════════════════════════════════
From: AMS <[OPRA #73523 email]>
Sent: Wednesday, March 26, 2025 5:30 PM
To: NJSP OPRA <[email address]>
Subject: [EXTERNAL] Re: C231712-AMS
*** 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].
March 26, 2025
Sgt. Christopher Lacher
c/o New Jersey State Police
Division of State Police
State Police HQ, 1040 River Rd, Bldg. 15
West Trenton, NJ 08628
Subject: Appeal of OPRA Request Denial (Request Number: C231712)
Dear Sgt. Christopher Lacher,
I am writing to formally appeal the denial of my Open Public Records Act
(OPRA) request dated March 17, 2025, identified as Request Number C231712.
My request sought the following records:
1. A copy of any written instruction, directive, or order explaining
why police officers were stationed at every traffic light along all detour
routes to Interstate 80, specifically in relation to the I-80 East Exit 34
sinkhole.
2. Any documents, reports, or records detailing the total cost
associated with stationing officers at these locations, including but not
limited to salaries, overtime, and other expenses.
My request was denied as “improper and overbroad,” citing MAG
Entertainment, LLC v. Division of Alcohol Beverage Control and Bent v.
Township of Stafford Police Department. While I understand requests must
be specific, I believe this request was explicitly clear and narrow enough
to identify the records I seek.
Specifically, the MAG Entertainment case dealt with a request that was
deemed too broad because it sought a general category of records without
defining specific documents or parameters. In contrast, my request
identifies specific documents (written instructions and financial records)
related to a particular event (the I-80 East Exit 34 sinkhole) within a
defined timeframe. This should allow for a straightforward search, and the
request is not overly general.
Similarly, the Bent v. Township of Stafford Police Department case
involved a request that was ruled overly broad because it sought all
police department policies and procedures without specifying particular
documents or issues. My request is much more focused, asking for records
related to a particular deployment of officers, not a wide range of
department policies.
Therefore, I believe these cases do not apply to my request, which is
sufficiently specific and narrowly tailored to the records I am seeking.
Furthermore, the seven-day delay in issuing the denial, received on March
24 after submission on March 17, seems excessive for such a clear and
focused request, raising concerns about its handling. This request
explicitly detailed the event, locations, and types of documents sought. I
respectfully request reconsideration of this denial. If this appeal is
denied as 'improper and overbroad,' I formally request an internal
investigation into the management of my request. Please provide a response
within seven business days, as required by OPRA, and outline any further
appeal options.
Thank you for your time. Please let me know the next steps regarding this
appeal.
Sincerely,
AMS
Please see the attached OPRA request form.
══════════════════════════════════════════════════════════════════════════
From: NJSP OPRA <[email address]>
Sent: Monday, March 31, 2025 11:16 AM
To: AMS <[OPRA #73523 email]>
Subject: Re: [EXTERNAL] Re: C231712-AMS
Good morning, AMS,
We have received your request to reconsider the Division’s response to
OPRA Request C231712 seeking: “(1) [a] copy of any written instruction,
directive, or order explaining the reason for police officers being
stationed at every traffic light along all detour routes to Interstate 80,
specifically in relation to the I-80 East Exit 34 sinkhole; (2) any
documents, reports, or records detailing the total cost associated with
stationing police officers at these locations, including but not limited
to salaries, overtime, and any other expenses incurred.” Be advised, we
have revisited your request and maintain our initial determination that
your request is overbroad and improper.
Under OPRA, a "requestor must identify the records sought with
specificity. The request may not be a broad, generic description of
documents that requires the custodian to search the agency's files and
'analyze, compile, and collate' the requested information." Bart v.
Passaic Cnty. Pub. Housing Agency, 406 N.J. Super. 445, 451 (App. Div.
2009) (citations omitted); see also Bent v. Twp. of Stafford Police Dep't,
381 N.J. Super. 30 (App. Div. 2005). OPRA also does not "authorize a party
to make a blanket request for every document a public agency has on file,"
and "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." Id. at 37.
More specifically, OPRA was not created to allow "open-ended searches of
an agency's files" and "is not intended as a research tool litigants may
use to force government officials to identify and siphon useful
information[,]" MAG Entertainment, LLC v. Div. of Alcohol Beverage
Control, 375 N.J. Super. 534, 546-49 (App. Div. 2005); see also Paff v.
Galloway 229 N.J. 340, 355 (2017) (citing MAG, “the request should not
require the records custodian to undertake a subjective analysis to
understand the nature of the request.”)
As an initial note, your request seeks records pertaining to an incident
which required an emergent response from a multitude of agencies.
Regarding item 1 of your request, is it overbroad as it would require the
Division to collect each written instruction, directive or order given and
make a subjective determination as to whether it “explained the reason for
police officers being stationed at every traffic light along all detour
routes to Interstate 80.”
Likewise, part 2 of your request seeking “any documents, reports, or
records” is overbroad as it fails to identify any specific records sought.
Moreover, similar to item 1, it would require the Division to undertake a
subjective analysis of records to determine whether records “detailed the
total cost associated with stationing police officers at locations” that
are unspecified in your request. For these reasons, your request is
overbroad and improper.
Further, please note, the Division received your request on Monday,
3/17/2025. OPRA requires agencies to respond to requests within seven
business days after receiving the request. N.J.S.A. 47:1A-5(i). Because
the Division received your request on 3/17/2025, it timely responded to
your request on 3/26/2025 (the seventh business day following receipt).
To the extent you still wish to challenge the Division’s response to your
request, you may do so by filing a complaint with the Government Records
Council or filing suit in Superior Court.
To file a complaint with the GRC, visit the GRC’s website at
[1]http://www.nj.gov/grc for information and to register your complaint.
In the alternative, you may contact the GRC by telephone at 1-866-850-0511
or by e-mail at [2][email address].
To file a complaint in Superior Court, a requestor may start a summary
(expedited) lawsuit in the Superior Court. A written complaint and order
to show cause must be filed with the court at Government Records Council,
P.O. Box 819, Trenton, New Jersey 08625-0819. The court requires a filing
fee, and you must serve the lawsuit papers on the appropriate parties.
Additionally, important information related to your rights concerning
government records can be found on the last page of the attached Open
Public Records Act Request Form.
Respectfully,
Lieutenant Richard Ashkar
Open Public Records Unit
══════════════════════════════════════════════════════════════════════════
From: AMS <[OPRA #73523 email]>
Sent: Wednesday, March 26, 2025 5:30 PM
To: NJSP OPRA <[email address]>
Subject: [EXTERNAL] Re: C231712-AMS
*** 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].
March 26, 2025
Sgt. Christopher Lacher
c/o New Jersey State Police
Division of State Police
State Police HQ, 1040 River Rd, Bldg. 15
West Trenton, NJ 08628
Subject: Appeal of OPRA Request Denial (Request Number: C231712)
Dear Sgt. Christopher Lacher,
I am writing to formally appeal the denial of my Open Public Records Act
(OPRA) request dated March 17, 2025, identified as Request Number C231712.
My request sought the following records:
1. A copy of any written instruction, directive, or order explaining
why police officers were stationed at every traffic light along all detour
routes to Interstate 80, specifically in relation to the I-80 East Exit 34
sinkhole.
2. Any documents, reports, or records detailing the total cost
associated with stationing officers at these locations, including but not
limited to salaries, overtime, and other expenses.
My request was denied as “improper and overbroad,” citing MAG
Entertainment, LLC v. Division of Alcohol Beverage Control and Bent v.
Township of Stafford Police Department. While I understand requests must
be specific, I believe this request was explicitly clear and narrow enough
to identify the records I seek.
Specifically, the MAG Entertainment case dealt with a request that was
deemed too broad because it sought a general category of records without
defining specific documents or parameters. In contrast, my request
identifies specific documents (written instructions and financial records)
related to a particular event (the I-80 East Exit 34 sinkhole) within a
defined timeframe. This should allow for a straightforward search, and the
request is not overly general.
Similarly, the Bent v. Township of Stafford Police Department case
involved a request that was ruled overly broad because it sought all
police department policies and procedures without specifying particular
documents or issues. My request is much more focused, asking for records
related to a particular deployment of officers, not a wide range of
department policies.
Therefore, I believe these cases do not apply to my request, which is
sufficiently specific and narrowly tailored to the records I am seeking.
Furthermore, the seven-day delay in issuing the denial, received on March
24 after submission on March 17, seems excessive for such a clear and
focused request, raising concerns about its handling. This request
explicitly detailed the event, locations, and types of documents sought. I
respectfully request reconsideration of this denial. If this appeal is
denied as 'improper and overbroad,' I formally request an internal
investigation into the management of my request. Please provide a response
within seven business days, as required by OPRA, and outline any further
appeal options.
Thank you for your time. Please let me know the next steps regarding this
appeal.
Sincerely,
AMS