Good Morning,

I am in receipt of your OPRA request below dated April 11, 2024 asking for information on Resolution No. 2024-R-78 Appointment of Fire Chief and Deputy Fire Chief.

1. Who will be considered for the appointment of the positions?
2. What would be the application Processed and where will it be posted?
3. What will be the over all salaries of the positions?

Your request does not identify the specific records you are requesting; it is a request for information and therefore, is not a valid request under OPRA. A request pursuant to the Open Public Records Act, NJSA 47:1a-1 et. seq. (“OPRA”) must identify the records sought with specificity. Bart v. Passaic County Pub. Hous. Agency, 406 N.J. Super. 445, 451 (App. Div. 2009) “Wholesale requests for general information to be analyzed, collated and compiled by the responding government entity are not encompassed” within the Open Public Records Act. OPRA “is not intended as a research tool litigants may use to force government officials to identify and siphon useful information.” In other words, a records custodian is not required “to conduct research among its records…and correlate data from various government records in the custodian’s possession.” To qualify under OPRA then, the request must reasonably identify a record and not general data, information, or statistics. Bent v. Stafford Twp. Police Dept., 381 N.J. Super. 30, 37-39 (App. Div. 2005)
If you can identify the specific documents you are seeking with a timeframe of the record requested, the Township can respond to your request. Once the Township receives your response, it will provide the documents requested.
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 [insert name of agency] 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.

That being said, please see the attached resolution adopted at last night's council meeting.

Thank you
Teri McVeigh, RMC
Maple Shade Township

-----Original Message-----
From: Michael Denutts <[OPRA #60604 email]>
Sent: Thursday, April 11, 2024 4:57 PM
To: Teri Mcveigh <[email address]>
Subject: OPRA request - Resolution No. 2024-R-78

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Dear Maple Shade Township,

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 am requesting information on Resolution No. 2024-R-78 Appointment of Fire Chief and Deputy Fire Chief.

1. Who will be considered for the appointment of the positions?
2. What would be the application Processed and where will it be posted?
3. What will be the over all salaries of the positions?

Yours faithfully,

Michael Denutts

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