Dear Mr. Armstrong:

 

This is in response to your OPRA request assigned as #C137730 that you
sent to the NJ Department of Community Affairs, Division of Local
Government Services (Division).  I will respond to each section of your
request in turn:

 

 1. Please provide me with payroll records for Chief Henry White; from 1
April of 2017 until 10 October of 2018.

The requested payroll records are not maintained by the Division of
Local Government Services.  We have no government records that are
responsive to this portion of your request.

 

 2. Any and all documents, contracts, memos,addendum's, agreements between
the city of Atlantic City and Police Chief Henry White Sr between 1
April of 2017 and 10 October of 2018 concerning his pay scale and or
contractual obligations.

The requested documents, contracts, memos, addendums, and agreements
between the City of Atlantic City and Police Chief Henry White, Sr.
are not maintained by the Division of Local Government Services.  We
have no government records that are responsive to this portion of your
request.

 3. Any documents which would explain a change in his pay scale between 1
April of 2017 and 10 October of 2018.

This portion of your request is improper and overbroad because you
failed to request an identifiable government record.  Under OPRA
“agencies are only obligated to disclose identifiable government
records." Burke v. Brandes, 429 N.J. Super. 169, 174 (App. Div.
2012)(citing MAG Entm't, LLC v. Div. of Alcoholic Beverage Control,
375 N.J. Super. 534, 549 (App. Div. 2005)).  A records custodian’s
obligation under OPRA has been aptly described as follows: “[T]he
custodian is obligated to search her files to find the identifiable
government records listed in the . . . OPRA request . . . . However,
the Custodian is not required to research her files to figure out
which records, if any, might be responsive to a broad or unclear OPRA
request.”  Burnett v. Cnty. of Gloucester, 415 N.J. Super. 506, 515
(App. Div. 2010).  Nothing in OPRA requires a custodian to conduct
research among its records and correlate data from various government
records in the custodian’s possession.  Lagerkvist v. Office of the
Governor, 440 N.J. Super. 230 (App. Div. 2015).  Thus, an agency does
not have a duty under OPRA to analyze and evaluate information in
order to respond to an OPRA request.  Burke v. Brandes, 429 N.J.
Super. at 175; Bent v. Twp. of Stafford Police Dep’t, 381 N.J. Super.
30, 40 (App. Div. 2005).

For these reasons, this portion of your OPRA request is denied.

This OPRA request is now closed.

Sincerely,

 

Colleen M. Kelly, Records Custodian

Division of Local Government Services

P.O. Box 803

Trenton, NJ 08625-0803

Phone:  609-292-0827

Fax:  609-633-6243

E-Mail:  [1][email address]

 

 

 

-----Original Message-----
From: James Armstrong
<[2][OPRA #2691 email]>
Sent: Wednesday, October 10, 2018 9:34 PM
To: Kelly, Colleen <[3][email address]>
Subject: [EXTERNAL] OPRA request - Payroll/Contracts for AC Police Chief
Henry White

 

Dear New Jersey Department of Community Affairs, Division of Local
Government Services,

 

This is a request for public records made under OPRA and the common law
right of access. Please acknowledge receipt of this message.

  Records requested:

 

Please provide me with payroll records for Chief Henry White; from 1 April
of 2017 until 10 October of 2018.

 

Any and all documents, contracts, memos,addendum's, agreements between the
city of Atlantic City and Police Chief Henry White Sr between 1 April of
2017 and 10 October of 2018 concerning his pay scale and or contractual
obligations.

 

Any documents which would explain a change in his pay scale between 1
April of 2017 and 10 October of 2018.

 

Yours faithfully,

 

James Armstrong

 

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