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Highlands Borough Public Records
Hi there
Your first Highlands Borough record request (request
number #21-13) has been submitted. It is currently
unpublished and is not available for the general public
to view.

[1]View Request 21-13

http://highlandsboroughnj.nextrequest.co...

As the requester, you can always see the status of your
request by signing into the Highlands Borough Public
Records portal [2]here.

If you haven't already activated your account, [3]click
here to get started. Once your account is activated,
your request will be visible at the following link:
[4]Request #21-13.
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Questions about your request? Reply to this email or sign in to contact
staff at Highlands Borough.

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Highlands Borough Public Records
Hi there
A document has been released to you for record request
#21-13:

• [1]21-13 OPRA.pdf

[2]View Request 21-13

http://highlandsboroughnj.nextrequest.co...

Document links are valid for one month. After February
26, you will need to sign in to view the document(s).
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Questions about your request? Reply to this email or sign in to contact
staff at Highlands Borough.

Technical support: See our [4]help page

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Highlands Borough Public Records
Hi there
Record request #21-13 has been closed. The closure
reason supplied was:

Your records requested have been uploaded to our OPRA
Portal for your review. Please logon on at:

[1]https://highlandsboroughnj.nextrequest.com

Please be advised that your request for “All email,
telephone, text, and paper records related to the
application for a Business Certificate of Occupancy for
the first floor of 196 Bay Ave and Highlands Cowork” is
denied to the extent that it fails to specifically
identify government records. In order to properly
identify email or other correspondence in an OPRA
request, a requestor must provide “1) [the] content
and/or subject of the email; 2) the specific date or
range of dates during which the email was transmitted or
the emails were transmitted; and 3) [the] identity [of]
the sender and/or recipient of said emails.”  Elcavage
v. West Milford Township, GRC Complaint No. 2009-07
(April 2010); see also Serringer v. Office of Governor
of State, A-0837-15T2, 2017 WL 2610646 (App. Div. June
16, 2017)).  Your request fails to provide the
sender/recipient and the date or range of dates of the
email sought and accordingly warrants a denial.

Notwithstanding the above technical denial, the Borough
has identified the attached email correspondence in an
effort to be responsive to your request. Redactions have
been made to unlisted telephone numbers throughout the
response pursuant to N.J.S.A. 47:1A-1.1.  Redactions
have been made to private email addresses throughout the
response pursuant to N.J.S.A. 47:1A-1. See also Wolosky
v. Somerset Cty., 2017 WL 1179852 (App. Div. Mar. 30,
2017); D’Andrea v. NJ Civil Service Commission, GRC
Complaint No. 2014-153 (April 2015). 

Please be further advised that your subsequent requests
for “All records produced by [various officials] related
to the application for a Business Certificate of
Occupancy for the first floor of 196 Bay Ave and
Highlands Cowork” are denied as they fail to
specifically identify government records and instead
amount to a request for research. “[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.” Bent v. Stafford Police Department, 381 N.J.
Super. 30, 37 (App. Div. 2005).  OPRA requests are
properly denied when they amount to a “blanket request
for a class of various documents rather than a request
for specific government records.” Morgano v. Essex
County Prosecutor’s Office, GRC Complaint No. 2007-156
(February 25, 2009); see also Murphy v. NJ Department of
Corrections, GRC Complaint No. 2015-340 (April 25,
2017).  Furthermore, the request is also denied as is
amounts to a request for research through all records of
the municipality.   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).  “Pursuant to [MAG],
the Custodian is obligated to search her files to find
the identifiable government records listed in the
Complainant’s OPRA request . . . .  However, the
Custodian is not required to research her files to
figure out which records, if any, might be responsive to
a broad or unclear OPRA request.” Donato v. Township of
Union, GRC Complaint No. 2005-182 (February 2007).

Statement:

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 Borough of Highlands 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 [2][email address], or at their web site
at [3]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.

[4]View Request 21-13

http://highlandsboroughnj.nextrequest.co...
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Questions about your request? Reply to this email or sign in to contact
staff at Highlands Borough.

Technical support: See our [6]help page

References

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