Dear Requestor, 
 
Thank you for submitting a Open Public Records Act Request Form on
Thursday, May 23, 2024 at 4:28 PM (Eastern Standard Time). 
 
Your request reference number is [1]Request Number: OPRA-JF2024-62 and
your security key is E0AC8D1E.
 
Use this information to track the status of your request at any time and
to receive responsive documents through the Township of Lakewood JustFOIA
Public Portal here:
[2]https://lakewoodnj.justfoia.com/publicpo...
 
Please have both reference numbers available when communicating with our
staff regarding your request.
 
Thank you, 
[3]Label1
Township of Lakewood, NJ
231 Third Street
Lakewood, NJ 08701
(732) 364 - 2500
 
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Dear Requestor, 
 
The Township of Lakewood received your Open Public Records Act (OPRA)
request on 5/23/2024.   Please note the Township is closed 5/27/2024 in
observance of Memorial Day. As such, the seven (7) business day deadline
to respond to your request is 6/4/2024.  This response to your request is
being provided to you before the 1st business day after the custodian's
receipt of said request.
 
Please be advised that building/architectural plans are exempt from the
release under OPRA pursuant to the following statutes:  N.J.S.A.
47:1A-1.1  Emergency or security information or procedures for any
buildings or facility which, if disclosed, would jeopardize security of
the building or facility or persons therein.   N.J.S.A. 47:1A-9  Upholds
exemptions contained in other State or federal statutes and regulations,
Executive Orders of the Governor, Rules of Court, Constitution of this
State, or judicial case law.  Executive Order No. 21 (Gov. McGreevey 2002)
Records where inspection, examination or copying would substantially
interfere with the State's ability to protect and defend the State and its
citizens against acts of sabotage or terrorism, or which, if disclosed,
would materially increase the risk or consequences of potential acts of
sabotage or terrorism.  N.J.S.A. 47:1A-1 (Legislative Findings)  Privacy
Interest - "a public agency has a responsibility and an obligation to
safeguard from public access a citizen's personal information with which
it has been entrusted when disclosure thereof would violate the citizen's
reasonable expectation of privacy."   Cardillo v. City of Hoboken Zoning
Officer, GRC Complaint No. 2005-158 (December 2006); and Kohn v. Twp. Of
Livingston (Essex)¸ GRC Complaint No. 2007-319 (July 2008).
construction/building plans are not releasable or reviewable under OPRA
because it was deemed that if the construction plans were disclosed it
would jeopardize the security of the building or facility or the persons
therein. If you are the owner of the property, you may make a common law
request by contacting the Construction Department.

Additionally, OPRA is a request for a specific government record.  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 on a given topic.  See Bent
v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div.  2005).
OPRA is not a research tool to force government entities to identify and
siphon off information. See Bent v. Stafford Police Department, 381
N.J.Super. 30, 37 (App. Div.  2005).  Your request does not identify a
specific government record but rather picks a topic and then asks the
Township to research whether or not any of these records exist.    As
such, your request is an invalid OPRA request.  When a request is
"complex" because it fails to specifically identify the documents sought,
then that request is not "encompassed" by OPRA. See New Jersey Builders
Association v. New Jersey Council on Affordable Housing, 390 N.J.Super.
166, 180 (App. Div. 2007). 

In regards to "documents for home being built.." please clarify your
request to identify specifically what record you are seeking.  As
previously noted, Township's are not required to conduct research.  

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 Lakewood 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.

Please note, if a response is not received within 7 business days, your
request will be closed.
 
Thank you, 
[1]Label1
Township of Lakewood, NJ
231 Third Street
Lakewood, New Jersey 08701
(732) 364 - 2500
 
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Dear Requestor, 

The Township received your request 5/23/2024. The Township had requested
clarification of your request on 5/23/2024 with no response. At this time,
your OPRA request is deemed concluded since we did not receive the
requested clarification.

If you are still seeking additional records, please [1]re-submit with the
requested information.

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 Lakewood 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.

Thank you, 
[2]Label1
Township of Lakewood, NJ
231 Third Street
Lakewood, NJ 08701
(732) 364 - 2500
 
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