Settlement agreements

Response to this request is long overdue. By law, under all circumstances, Brick Township should have responded by now (details). You can complain by requesting an internal review.

Dear Brick 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:

The NJ Supreme Court ruled on 3/7/22 that settlement agreements are public record. Please send copies of all settlement agreements from January 1, 2019-Present.

Yours faithfully,

JerseyShoreMan

Jessica Larney, Brick Township

In response to your below OPRA request:
Your request is too broad and does not name a specific government record. You are requesting us to perform research to see which documents exist which is not covered under the OPRA statute. OPRA is for copies of specific documents and is not to be used as a research tool.
 The New Jersey Government Records Council states that "valid OPRA (Open Public Records Act) request seeks specific, identifiable government records. Valid OPRA requests do not ask questions, do not seek information, and do not require a custodian to conduct any research or create a new record. When a request is "complex" because it fails to specifically identify the documents sought, then that request is 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). 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. OPRA is to "search" for a specific, identifiable, existing government record. It is not meant to "research" to see if a record exists. Research should be done prior to completing an OPRA request.
Please state which settlement agreement you wish to obtain.

Sincerely,

Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics

Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003

-----Original Message-----
From: Lynnette Iannarone
Sent: Friday, March 11, 2022 4:57 PM
To: Jessica Larney <[email address]>
Subject: FW: OPRA request - Settlement agreements
Importance: High

________________________________________
From: JerseyShoreMan
Sent: Friday, March 11, 2022 4:57:21 PM (UTC-05:00) Eastern Time (US & Canada)
To: Lynnette Iannarone
Subject: OPRA request - Settlement agreements

Dear Brick 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:

The NJ Supreme Court ruled on 3/7/22 that settlement agreements are public record. Please send copies of all settlement agreements from January 1, 2019-Present.

Yours faithfully,

JerseyShoreMan

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