Public Records
X (Devon Tyler of the Barber-Materio Family) made this OPRA request to Atlantic County This request has been closed to new correspondence. Contact us if you think it should be reopened.
To Whom It May Concern at the County of Atlantic in Atlantic County, New Jersey State:
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:
I request copies of the oaths of office for all government employees operating within Atlantic County, New Jersey. This includes commissioners, mayors, deputy mayors, the highest-ranking officials in the Sheriff's office, and all judges and court administrators within the Judicial Branch. By providing these oaths, you affirm the commitment of these officials to uphold the Constitution and maintain the high standards of governance expected in their respective roles across the Executive, Legislative, and Judicial branches.
Yours faithfully,
X (Devon Tyler of the Barber-Materio Family)
CUSTODIAN CLARIFICATION REQUEST TO OPRA REQUEST 380-2024
May 13, 2024
Your request: I request copies of the oaths of office for all government
employees operating within Atlantic County, New Jersey. This includes
commissioners, mayors, deputy mayors, the highest-ranking officials in the
Sheriff's office, and all judges and court administrators within the
Judicial Branch. By providing these oaths, you affirm the commitment of
these officials to uphold the Constitution and maintain the high standards
of governance expected in their respective roles across the Executive,
Legislative, and Judicial branches.
At this time, your request is overly broad and unclear, and I am therefore
requesting clarification. Your request is overly broad, unclear and fails
to specify the documents you are seeking with particularity and would
require the custodian to research which documents are responsive.
Currently, your request is for a class of various documents rather than a
request for a specific identifiable government record and OPRA does not
require custodians to research files to discern which records may be
responsive to a request. The request you have submitted 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). The New Jersey Superior Court has held that “OPRA … 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.” MAG
Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.
Super. 534, 546 (App. Div. 2005). In short, OPRA does not countenance
open-ended searches of an agency’s files.” (Emphasis added.) Id. at
549. Further, in Bent, the Appellate Division held that 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 of an agency’s documents.” Please identify with reasonable clarity
the documents that you are seeking on or before May 22, 2024.
Sincerely,
Kat Imberti
Atlantic County Dept. of Law
County Counsel Office
1333 Atlantic Avenue., 8th Floor
Atlantic City, New Jersey 08401
Phone: (609) 345-6700, ext. 2279
Fax: (609) 343-2373
Email: [email address]
Dear Imberti_Katarzyna,
Thank you for your reply.
I am specifically seeking the oaths of office for the Township of Hamilton Police Department Officer with the Surname Boyd.
Yours sincerely,
X (Devon Tyler of the Barber-Materio Family)
CUSTODIAN RESPONSE TO OPRA REQUEST 380-2024
May 14, 2024
You have submitted an Open Public Records Request and have indicated your preferred method of delivery is email.
Your request: I am specifically seeking the oaths of office for the Township of Hamilton Police Department Officer with the Surname Boyd.
Please be advised that the County of Atlantic does not create/maintain the records you are requesting. The records you are requesting are likely maintained by the municipality. As such, your request should be submitted to the Township of Hamilton. Ms. Martino should be able to assist you.
Rita Martino
Township Clerk
6101 13th Street
Mays Landing, NJ 08330
Office: 609-625-1511
Fax: 609-928-0921
Sincerely,
Kat Imberti
Atlantic County Dept. of Law
County Counsel Office
1333 Atlantic Avenue., 8th Floor
Atlantic City, New Jersey 08401
Phone: (609) 345-6700, ext. 2279
Fax: (609) 343-2373
Email: [email address]
-----Original Message-----
From: X (Devon Tyler of the Barber-Materio Family) <[OPRA #61524 email]>
Sent: Monday, May 13, 2024 4:34 PM
To: Imberti_Katarzyna <[email address]>
Subject: Re: OPRA Request 380-2024
** WARNING: This email originated from outside of the Atlantic County Government Email System. DO NOT CLICK links or open attachments unless you recognize the sender and are expecting the email. Please make sure the actual sending email address is what you are expecting not just sender name. **
Dear Imberti_Katarzyna,
Thank you for your reply.
I am specifically seeking the oaths of office for the Township of Hamilton Police Department Officer with the Surname Boyd.
Yours sincerely,
X (Devon Tyler of the Barber-Materio Family)
-----Original Message-----
CUSTODIAN CLARIFICATION REQUEST TO OPRA REQUEST 380-2024
May 13, 2024
Your request: I request copies of the oaths of office for all government
employees operating within Atlantic County, New Jersey. This includes
commissioners, mayors, deputy mayors, the highest-ranking officials in the
Sheriff's office, and all judges and court administrators within the
Judicial Branch. By providing these oaths, you affirm the commitment of
these officials to uphold the Constitution and maintain the high standards
of governance expected in their respective roles across the Executive,
Legislative, and Judicial branches.
At this time, your request is overly broad and unclear, and I am therefore
requesting clarification. Your request is overly broad, unclear and fails
to specify the documents you are seeking with particularity and would
require the custodian to research which documents are responsive.
Currently, your request is for a class of various documents rather than a
request for a specific identifiable government record and OPRA does not
require custodians to research files to discern which records may be
responsive to a request. The request you have submitted 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). The New Jersey Superior Court has held that “OPRA … 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.” MAG
Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.
Super. 534, 546 (App. Div. 2005). In short, OPRA does not countenance
open-ended searches of an agency’s files.” (Emphasis added.) Id. at
549. Further, in Bent, the Appellate Division held that 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 of an agency’s documents.” Please identify with reasonable clarity
the documents that you are seeking on or before May 22, 2024.
Sincerely,
Kat Imberti
Atlantic County Dept. of Law
County Counsel Office
1333 Atlantic Avenue., 8th Floor
Atlantic City, New Jersey 08401
Phone: (609) 345-6700, ext. 2279
Fax: (609) 343-2373
Email: [email address]
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