Sewer back up calls
Dear Carteret Police Department,
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 relating to emergent and non emergent calls for sewer system back ups (or any similar sewer problems) in the city over the past 10 years.
If the department does not have these records, please provide contact information for local authority that provides these records.
Yours faithfully,
Elyssa C
Good afternoon,
In regards to your OPRA Request.
All records relating to emergent and non emergent calls for sewer system back ups (or any similar sewer problems) in the city over the past 10 years.
A request pursuant to the Open Public Records Act, N.J.S.A. 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, (App.Div 2009).The Court affirmed the GRC’s decision (GRC Complaint No. 2004-78) that the complainant’s request was broad and unclear (“any and all”). The Council ruled that the information sought did not amount to an identifiable government record. Bent v. Stafford Police department. 381 N.J. Super. 30 (App. Div. 2005): MAG Entm’t, LLC v. Div. of Alcohol Beverage Control, 375 N.J. Super. 534 (App. Div. 2005): The Court 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.” (emphasis added). 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 (emphasis added).
Please contact the Carteret Sewerage Authority at 732-969-9659.
Respectfully,
Capt. Van Woeart
Dear VanWoeart, Jeffrey,
This request is not open ended. I am requesting information on a specific call type (sewer backups/failures) over a specific time period. In addition, this information is not being requested in association with any type of litigation. I am requesting as a Carteret resident who has been affected by this and would like to ascertain how wide spread and frequent this issue is. As such, your response appears to be a generic message used to deny citizens access to information that should legally be available to them. Please review this request again and provide requested information. Thank you.
Yours sincerely,
Elyssa C
Good morning,
The Carteret Police Department does not have Sewer Back Up's / Failures listed a search option in our report system . This would require me to conduct research which I am not obligated to do under the law. If you would like to provide me with specific dates and times, addresses, locations or names of residents then I could possibly assist you better. You can also contact the Carteret Sewerage Authority.
Respectfully,
Capt. Van Woeart