Your request for “All records” is not a valid OPRA request as per NJSA 47:1A-1.1 and Appellate Court Division decision Elizabeth Mason v. Hoboken - Docket No. A-0508-06T5, that states specificity is required for a proper OPRA request. The court noted that OPRA was not intended to be used as a fishing expedition or as a research tool to compile unknown documents and that a person must know which records he or she wants and ask for those specific documents. Also, pursuant to MAG Entertainment, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005), "OPRA does not countenance open-ended searches of an agency's files" and requires requested documents to be identified with "reasonable clarity."

With that said, I am aware of one report that is being withheld from disclosure due to attorney-client privilege, an exemption established under N.J.S.A. 47:1A-1.1.

In response to the Common Law request for “[a]ll records regarding either criminal or internal/HR investigation of harassment, sexual harassment, inappropriate behavior, or other investigation into Councilman Ronald C. Witt (Aka Ron Witt, aka Council President), between 2010 and 2024,” there is no responsive record as the investigation report was not made by a public officer and, therefore, is not a public record under the Common Law. (As “public officer” is not defined in the Common Law or case law I am applying the definition of said term as included in N.J.S.A. 40:48-2.4 which is directly relative to municipalities.) The investigation report is also exempt from disclosure under the attorney-client privilege as set forth in O’Boyle v. Borough of Longport, 218 N.J. 168 (2014).

Sincerely,

Michele Seigfried
Municipal Clerk
Robbinsville Township
2298 Route 33
Robbinsville NJ
609-259-3600 x1107
Fax: 609-259-3645

-----Original Message-----
From: NJ Investigative Reporting <[OPRA #64114 email]>
Sent: Monday, July 29, 2024 7:11 PM
To: Michele Seigfried <[email address]>
Subject: OPRA request - Ron Witt

[You don't often get email from [OPRA #64114 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

Dear Robbinsville 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:

All records regarding either criminal or internal/HR investigation of harassment, sexual harassment, inappropriate behavior, or other investigation into Councilman Ronald C. Witt (Aka Ron Witt, aka Council President), between 2010 and 2024.

Yours faithfully,

NJ Investigative Reporting

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