--- Please respond above this line ---

  [1]GovQA logo
 
 
RE: OPEN PUBLIC RECORDS REQUEST of August 11, 2021, Reference #
B002767-081121

NJ4119:

The City received a public information request from you on August 11,
2021. Your request mentioned:

"All records relating to Andrew Reid and/or his company A.E.R.
Consulting for the last 5 years."

Your request is denied as overly broad pursuant to MAG Entertainment, LLC
v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div.
2005), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div.
2005) and New Jersey Builders Association v. New Jersey Council on
Affordable Housing, 390  N.J.Super.  166 (App.  Div.  2007).   

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." 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.  

Furthermore, in Bent v. Stafford Police Department, 381 N.J. Super. 30, 37
(App. Div. 2005), the Superior Court references MAG in that the Court held
that a requestor must specifically describe the document sought because
OPRA operates to make identifiable government records "accessible." "As
such, 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."

Additionally, in New Jersey Builders Association v. New Jersey Council on
Affordable Housing,  390  N.J.Super.  166,  180  (App.  Div.  2007)  the 
court  cited  MAG  by  stating  that “...when a  request  is ‘complex’
because it fails  to specifically identify the documents sought, then that
request is not ‘encompassed’ by OPRA...”

The OPRA Custodian and City employees are only required to search their
files to find the identifiable government records listed in an OPRA
request. Your request fails  to  seek  specific identifiable  government 
records and is therefore overly broad and invalid under OPRA. Thus, your
request is denied.

Sincerely,

Amanda Bransky

RMC, CMR

Office of City Clerk

 
 
 
 
  To monitor the progress or update this request please log into [3]GovQA
the [2]Jersey City OPRA Center. logo

References

Visible links
2. https://u8387795.ct.sendgrid.net/ls/clic...