Charlie Kratovil

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:
1) Documents sufficient to show the date of each active parking enforcement officer's successful completion of a training course conducted or approved by the city of New Brunswick or the New Brunswick Parking Authority as required by 40:11A-22.6.
2) All training materials (including but not limited to written instructions, guidelines, manuals, presentations, videos, and exams/tests) from the above referenced course(s).

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,

Charlie Kratovil

Alexandra Perez, New Brunswick Parking Authority

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

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Charlie Kratovil

Dear Ms. Perez,

Allow me to clarify my request. 40:11A-22.6 requires all parking enforcement officers (PEOs) complete a training course before they commence their duties. I believe the NBPA has less than 10 current active PEOs at the present time. My request was relatively simple. I want some proof that each one of your active PEOs completed the training course, as required by law, and I would like to know the date that they did so (hence, my request for "Documents sufficient to show the date of each active parking enforcement officer's successful completion of a training course conducted or approved by the city of New Brunswick or the New Brunswick Parking Authority as required by 40:11A-22.6.")

Additionally, I am requesting all training materials from said course. I don't know what materials exist, but I would like to see what you all are training these officers to do. Unfortunately, you've wrongly denied both aspects of this request, as well as the other two OPRA requests today (denials which I have already responded to). As stated in my last message, I spoke with counsel Rainone about all three of these denials. I trust that you will be taking my requests to reconsider your denials seriously, and that swiftly provide all of the requested records without the need for costly and onerous litigation.

Should you wish to discuss these matters, or anything else, feel free to call me anytime at 732-993-9697. Have a nice day and a wonderful weekend.

Yours sincerely,

Charlie Kratovil

Alexandra Perez, New Brunswick Parking Authority

Dear Charlie,

We are in receipt of your OPRA request. We are requesting an extension.

Thank you for your understanding.

Sincerely,
Alexandra Perez
Human Resources Manager
(732)545-3118 ext.129

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Thanks,

Please let me know a date when you expect to be able to provide the requested proofs that PEO's completed the training course (and the training materials).

Yours sincerely,

Charlie Kratovil

Alexandra Perez, New Brunswick Parking Authority

10 Attachments

Dear Charlie,

 

See the attached PEOs training courses.

 

 

Sincerely,

Alexandra Perez

Human Resources Manager

(732)545-3118 ext.129

 

 

Dear Ms. Perez,

Thank you for the training checklists. Do you have an Enforcement Field Training Checklist for Parking Enforcement Officer A. Hills? I believe he/she was active at the time I filed my request, but I don't see anything for that officer in the records provided?

Yours sincerely,

Charlie Kratovil

Alexandra Perez, New Brunswick Parking Authority

Dear Mr. Kratovil,

All responsive records were provided.

Sincerely,
Alexandra Perez
Human Resources Manager
(732)545-3118 ext.129

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