Dear Mr. Aboosmara,

The Borough of Flemington’s official Records Custodian, Michael Humphrey
received your Open Public Records Act (OPRA) request on Monday. August 1,
2022. As such, the seven (7) business day deadline to respond to your
request is August 8, 2022 This response to your request is being provided
to you on the 3rd business day after the custodian’s receipt of said
request.

We are responding to your request for the following:

• All summons or citations issued in Flemington Borough for Ordinance
9-4.8 (Violation of Occupancy Requirements, Inspections, Enforcement)
from 1/1/2002 to present

We are denying your request for two reasons:

 1. The request is invalid because it requires research rather than a
search. A records custodian has no legal duty to research their files,
or cause research, to locate records potentially responsive to the
request. MAG Entm’t, LLC v. Div. of ABC, 375 N.J. Super. 534, 546
(App. Div. 2005); Bent v. Stafford Police Dep’t, 381 N.J. Super. 30,
37 (App. Div. 2005); Donato v. Twp. Of Union, GRC Complaint No.
2005-182 (February 2007); Valdes v. Union City Bd. of Educ. (Hudson),
GRC Complaint Nos. 2011-147, 2011-157, 2011-172, and 2011-181 (July
2012).

 2. Through a search of our email records, paper and online records, and
through inquiries to other Borough officials, no responsive records
were found.

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 Flemington 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 www.state.nj.us/grc. 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.

Stay Awesome,

Michael Humphrey

Business Administrator | Acting Clerk | Registrar

Borough of Flemington

38 Park Avenue, Flemington, NJ  08822-1321

(p) 908.782.8840 x222      (m) 908.399.0698

(w) www.historicflemington.com

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