Parking Enforcement Officer A. Hills Appointment Documentation
Charlie Kratovil made this OPRA request to New Brunswick Parking Authority Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear New Brunswick Parking Authority,
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-5(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 seeking records in connection with a legal proceeding: ticket #1214 P06 255576
Records requested:
Copy of the resolution or ordinance appointing/designating PEO A. HILLS as required by the NBPA to exercise the power and authority described in paragraph (d) of subsection (3) of section 22 of P.L. 1948, c. 198 (C. 40:11A-22(3)(d)).
My preferred delivery method for response(s) to this request is by E-mail as an attachment. 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,
Charlie Kratovil
Please be advised that pursuant to N.J.S.A. 47:1A-1 et seq., your request does not constitute a valid OPRA request. OPRA operates to make identifiable government records "readily accessible for inspection, copying, or examination." Bent v. Twp. of Stafford Police Dep't, Custodian of Records, 381 N.J. Super. 30, 37 (App. Div. 2005). As such, a proper request under OPRA must identify with reasonable clarity those documents that are desired. Id. 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).
Further, a request for “any and all” documents or open-ended demands “for every document a public agency has on file” has been held to be an improper OPRA request. Gannett N.J. Partners L.P. v. County of Middlesex, 379 N.J. Super. 205 (App. Div. 2005). OPRA does not "'authorize a party to make a blanket request for every document' a public agency has on file. . . . Rather, a party requesting access to a public record under OPRA must specifically describe the document sought." Bent v. Twp. of Stafford Police Dep't, 381 N.J. Super. 30, 37 (App. Div. 2005) (quoting Gannett N.J. Partners, LP v. Cnty. of Middlesex, 379 N.J. Super. 205, 213, (App. Div. 2005)). A valid OPRA request requires "a search, not research." Id. As such, 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 an agency's documents. Your OPRA request is invalid, as it is overbroad and encompasses research. Absent being provided more clarifying information to help narrow down the volume of information you seek, we cannot complete your OPRA request. A request for all of the information you have sought, dating back to 1960, is overbroad and voluminous, and would require research.
Sincerely,
Alexandra Perez
Human Resources Manager
(732)545-3118 ext.129
Dear Alexandra Perez,
Dear Ms. Perez,
You must be confused. In this request, I only asked for a single document: the resolution or ordinance appointing/designating PEO A. HILLS as required by the NBPA to exercise the power and authority described in paragraph (d) of subsection (3) of section 22 of P.L. 1948, c. 198 (C. 40:11A-22(3)(d)).
Contrary to your response, my request is valid under the OPRA. Either this document exists or it does not.
As the custodian of records, you must admit whether or not the NBPA has such a record on file. Please clarify if a Parking Enforcement Officer (PEO) named A. Hills was properly appointed to the position, and if so, provide a copy the ordinance or resolution that gives this person the power and authority to be a PEO, consistent with New Jersey law. If no such document exists in NBPA's records, please confirm that for me.
Yours sincerely,
Charlie Kratovil
Dear Ms. Perez,
After doing some research, it has become clear to me that "Parking Enforcement Officer" A. Hills was never appointed to the position by a resolution of the NBPA Board of Commissioners, and never appointed to the position by a resolution of the New Brunswick City Council. Therefore, no responsive records exist, so I will withdraw this request. Feel free to correct me if I am wrong. I'll look forward to your responses to the other pending requests.
Yours sincerely,
Charlie Kratovil