Reference # OPR-2020-01677

Dear George C,

The Township of Union has received your Open Public Records Act (OPRA)
request dated 03/02/2020. As such, the seven (7) business day deadline to
respond to your request is 03/11/2020. This response to your request is
being provided to you on business day 1 after custodian's receipt of said
request.

Your OPRA Request sought access to the following:

Please  send me a list of properties with current code violations,
properties with delinquent taxes over $4000, and all properties that are
currently vacant.

Address:

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 Union 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.

Sincerely,

Eileen Birch

Township Clerk

You're welcome.

show quoted sections

Reference # OPR-2020-01677

Dear George C,

This email is to notify you that your request requires clarification. This
response to your request is being provided to you on business day 4 after
custodian's receipt of said request.

Your OPRA request sought access to the following:

Please  send me a list of properties with current code violations,
properties with delinquent taxes over $4000, and all properties that are
currently vacant.

Address:

Department Reviewing: Fire

Comments:

This request does not completely identify specific government records.  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 "any" or "all" information. Custodians are not required
to conduct research or create new records in response to an OPRA request. 
See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 
2005). Wholesale requests for general information to be analyzed, collated
and compiled are 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). 

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 your OPRA request. Please respond in writing and
identify the specific government records sought so that we may process
your request. Failure to provide written clarification of your request
will result in the closure of this OPRA request.

Sincerely,

Eileen Birch

Township Clerk

Reference # OPR-2020-01677

Dear George C,

Please find the below response to your OPRA Request. They are being
transmitted to you via Email as per your requested delivery method.

Additional Notes:

Building Dept:  See attached. Tax Collector:  See attached. Fire
Department:  Clarficiation needed. Are you referring to
residential/commercial, or both? Health Department - clarification needed
for current code violations.

Your OPRA request sought access to the following:

Please  send me a list of properties with current code violations,
properties with delinquent taxes over $4000, and all properties that are
currently vacant.

Address:

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 Union 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.

Sincerely,

Eileen Birch

Township Clerk

Reference # OPR-2020-01677

Dear George C,

This email is to notify you that your request requires clarification. This
response to your request is being provided to you on business day 4 after
custodian's receipt of said request.

Your OPRA request sought access to the following:

Please  send me a list of properties with current code violations,
properties with delinquent taxes over $4000, and all properties that are
currently vacant.

Address:

Department Reviewing: Health

Comments:

This request does not completely identify specific government records.  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 "any" or "all" information. Custodians are not required
to conduct research or create new records in response to an OPRA request. 
See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 
2005). Wholesale requests for general information to be analyzed, collated
and compiled are 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). 

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 your OPRA request. Please respond in writing and
identify the specific government records sought so that we may process
your request. Failure to provide written clarification of your request
will result in the closure of this OPRA request.

Sincerely,

Eileen Birch

Township Clerk

Reference # OPR-2020-01677

Dear George C,

Please find the below response to your OPRA Request. They are being
transmitted to you via Email as per your requested delivery method.

Additional Notes:

Building Dept:  See attached. Tax Collector:  See attached. Fire
Department:  Clarficiation needed. Are you referring to
residential/commercial, or both? Health Department - clarification needed
for current code violations.

Your OPRA request sought access to the following:

Please  send me a list of properties with current code violations,
properties with delinquent taxes over $4000, and all properties that are
currently vacant. *Thank you, to further clarify I was requesting the
residential code violations. Was the list you sent me all of the above? If
that is the case can you resend a new list of just the residential
properties?

Address:

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 Union 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.

Sincerely,

Eileen Birch

Township Clerk

Reference # OPR-2020-01677

Dear George C,

Please find the below response to your OPRA Request. They are being
transmitted to you via Email as per your requested delivery method.

Additional Notes:

Please note Health and Fire changed their answers from clarification
needed. Building Dept:  See attached. Tax Collector:  See attached. Fire
Department:  No records responsive. Health Department - No records.

Your OPRA request sought access to the following:

Please  send me a list of properties with current code violations,
properties with delinquent taxes over $4000, and all properties that are
currently vacant. *Thank you, to further clarify I was requesting the
residential code violations. Was the list you sent me all of the above? If
that is the case can you resend a new list of just the residential
properties?

Address:

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 Union 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.

Sincerely,

Eileen Birch

Township Clerk

You're welcome.

show quoted sections