OPRA request: police payroll records 2012-2019
Dear Mountainside Borough,
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:
For all employees who worked in the police department at any point of time from 2012-2019:
Please provide the name, hire date, current status (whether active or separated), and date of separation.
Yours faithfully,
Necon
Hello Necon,
Your OPRA request has been denied please see the below information.
This request seeks that the custodian conduct research and generate documents, and does not identify specific government records. As such, your request is an invalid OPRA request and is denied. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J. Super. 166, 180 (App. Div. 2007). Custodians are not required to conduct research in response to an OPRA request. 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." MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534, 546 (App. Div. 2005). "A records request must be well defined so that the custodian knows precisely what records are sought. The request should not require the records custodian to undertake a subjective analysis to understand the nature of the request. Seeking particular information from the custodian is permissible; expecting the custodian to do research is not." Paff v. Galloway Tp., 229 N.J. 340, 355 (2017)
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of Mountainside to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by 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 https://linkprotect.cudasvc.com/url?a=ht... The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.
Should you have any questions or concerns regarding any of the redactions, please contact the Borough Attorney, John N. Post, Esq., who will address and attempt to resolve any questions or concerns.
Hi Necon,
Please disregard my previous response the your request has been denied we are in the process of researching your request.
My apologies for the confusion.
Regards,
Sue
Hello Necon,
Do to the State of Emergency we are requesting a one week extension till 6/18/2020 to complete this request.
Please let me know if this is acceptable.
Regards,
Sue DiFrancesco
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Hello Necon,
Attached are three pages to complete your request.
Regards,
Sue
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