Public Meetings Conduct

The request was partially successful.

Dear Colts Neck Township,
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:

Please send your response in PDF form.

All current bylaws, procedures, rules, resolutions or policies regarding the conduct and/or recording of public meetings.

Please include a Record Index with your response.
*A record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.

Yours faithfully,

ASK NJ Media Co.

Colts Neck Township

Colts Neck Township

Open Public Records Act (OPRA) Request

 

Reference # OPR-2020-00536

Request Type: General

 

Dear ASK NJ Media Co. ASK NJ Media Co.,

 

This email is to formally acknowledge receipt of your request by the
Custodian of Records on 02/06/2020. As such, the seven (7) business day
deadline to respond to your request is 02/18/2020.

 

The request seeks access to the following:

This is a request for public records 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 request:  Please send your
response in PDF form.  All current bylaws, procedures, rules, resolutions
or policies regarding the conduct and/or recording of public meetings.
Please include a Record Index with your response.  *A record index
identifies each record requested and the specific legal basis for a denial
of access (including redactions) to each record.

 

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 Township of Colts Neck 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.

 

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

 

Sincerely,

 

Custodian of Records

 

Colts Neck Township

Colts Neck Township

Open Public Records Act (OPRA) Request

 

Reference # OPR-2020-00536

Request Type: General

 

Dear ASK NJ Media Co. ASK NJ Media Co.,

 

Currently, your request fails to identify with reasonable clarity the
specific government records sought, as is required by Bent v. Stafford
Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). At this time,
we request clarification of the records being requested in order to
continue. Failure to respond within the next seven (7) business days may
result in the closure of your OPRA request.

 

The request seeks access to the following:

This is a request for public records 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 request:  Please send your
response in PDF form.  All current bylaws, procedures, rules, resolutions
or policies regarding the conduct and/or recording of public meetings.
Please include a Record Index with your response.  *A record index
identifies each record requested and the specific legal basis for a denial
of access (including redactions) to each record.

 

Please note the following comment from the Custodian of Records:

This request is overly broad and does not seek specific identifiable
records.  The New Jersey Superior Court has held that `[w]hile OPRA
provides an alternative means of access to government documents not
otherwise exempted from its reach, it 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. `(Emphasis added.) MAG Entertainment, LLC
v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534, 546 (App.
Div. 2005). The Court further held that `[u]nder OPRA, agencies are
required to disclose only ‘identifiable’ government records not otherwise
exempt ... In short, OPRA does not countenance open-ended searches of an
agency`s files.” Id. at 549. Here, your request for “[a]ll current bylaws,
procedures, rules, resolutions or policies regarding the conduct and/or
reco

 

Please "Reply All" to this email to expedite the fulfillment of your
request.

 

Be advised that the seven (7) business day deadline to respond to your
request begins again from the day after the Custodian of Records receives
your clarification.

 

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

 

Sincerely,

 

Custodian of Records

 

Colts Neck Township

Colts Neck Township

Open Public Records Act (OPRA) Request

 

Reference # OPR-2020-00536

Request Type: General

 

Dear ASK NJ Media Co. ASK NJ Media Co.,

 

Please note the following comment made by Trina Lindsey on 02/10/2020:

This request is overly broad and does not seek specific identifiable
records.  The New Jersey Superior Court has held that `[w]hile OPRA
provides an alternative means of access to government documents not
otherwise exempted from its reach, it 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. `(Emphasis added.) MAG Entertainment, LLC
v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534, 546 (App.
Div. 2005). The Court further held that `[u]nder OPRA, agencies are
required to disclose only ‘identifiable’ government records not otherwise
exempt ... In short, OPRA does not countenance open-ended searches of an
agency`s files.” Id. at 549. Here, your request for “[a]ll current bylaws,
procedures, rules, resolutions or policies regarding the conduct and/or
reco

 

The request seeks access to the following:

This is a request for public records 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 request:  Please send your
response in PDF form.  All current bylaws, procedures, rules, resolutions
or policies regarding the conduct and/or recording of public meetings.
Please include a Record Index with your response.  *A record index
identifies each record requested and the specific legal basis for a denial
of access (including redactions) to each record.

 

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

 

Sincerely,

 

Custodian of Records

 

Trina Lindsey, Colts Neck Township

Dear Requestor:

This request is overly broad and does not seek specific identifiable records. The New Jersey Superior Court has held that "[w]hile OPRA provides an alternative means of access to government documents not otherwise exempted from its reach, it 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. "(Emphasis added.) MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534, 546 (App. Div. 2005). The Court further held that "[u]nder OPRA, agencies are required to disclose only ‘identifiable’ government records not otherwise exempt ... In short, OPRA does not countenance open-ended searches of an agency's files.” Id. at 549. Here, your request for “[a]ll current bylaws, procedures, rules, resolutions or policies regarding the conduct and/or recording of public meetings” are not readily identifiable records. However, in an attempt to provide a response to your request, please see attached resolution, dated January 4, 2020, approving the use of Robert’s Rules of Order for Township Committee Meetings.

Thank you,

Trina Lindsey

Trina Lindsey, RMC, QPA, CMR
Municipal Clerk
Colts Neck Township
124 Cedar Drive
Colts Neck, New Jersey 07722
732-462-5470, x 121
[Colts Neck Township request email] / www.coltsneck.org

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Dear Trina Lindsey,

It has been past 7 business days since this OPRA request was filed. Please advise as to the status of this request.

Yours sincerely,

ASK NJ Media Co.

Trina Lindsey, Colts Neck Township

1 Attachment

  • Attachment

    Resolution 2020 22 Roberts Rules of Order.pdf

    133K View Download

We responded to the OPRA Request on February 10, 2020 requesting clarification. You can see that response below. The response was sent via email and was also responded to through our GovPilot system, you should have received both.

Thank you,

Trina Lindsey

Trina Lindsey, RMC, QPA, CMR
Municipal Clerk
Colts Neck Township
124 Cedar Drive
Colts Neck, New Jersey 07722
732-462-5470, x 121
[Colts Neck Township request email] / www.coltsneck.org

show quoted sections

2 Attachments

  • Attachment

    2020064177 OPRA Request ASK NJ Media Co.pdf

    24K View Download

  • Attachment

    2020564973 OPR 2020 00536 response.pdf

    37K View Download

Colts Neck Township

Open Public Records Act (OPRA) Request

 

Reference #: OPR-2020-00536

Request Type: General

 

Dear ASK NJ Media Co. ASK NJ Media Co.,

 

This email is to inform you that your request has been closed. Please find
attached the records requested.

 

The request sought access to the following:

This is a request for public records 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 request:  Please send your
response in PDF form.  All current bylaws, procedures, rules, resolutions
or policies regarding the conduct and/or recording of public meetings.
Please include a Record Index with your response.  *A record index
identifies each record requested and the specific legal basis for a denial
of access (including redactions) to each record.

 

Date Received: 02/06/2020

Date Fulfilled: 02/19/2020

 

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

 

Sincerely,

 

Custodian of Records