All future inquiries should be directed to Trina Lindsey, Municipal Clerk

[Colts Neck Township request email]

Colts Neck Township

Open Public Records Act (OPRA) Request

Reference # OPR-2020-00518

Request Type: General

Dear Anonymous ,

This email is to formally acknowledge receipt of your request by the
Custodian of Records on 01/30/2020. As such, the seven (7) business day
deadline to respond to your request is 02/10/2020.

The request seeks access to the following:

Records requested:  - plans of the new proposed municipal complex
(architectural and site plans) - the estimate cost to build the new
building  (see attachments for original OPRA)

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 Township of Colts Neck 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.

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

Sincerely,

Custodian of Records

Colts Neck Township

Open Public Records Act (OPRA) Request

Reference # OPR-2020-00518

Request Type: General

Dear Anonymous ,

Please note the following comment made by Lisa Cerio on 02/10/2020:

Dear Anonymous,  We respectfully ask for an extension of 7 business days
to provide the requested information.  The new deadline will be February
20, 2020.    Thank you.

The request seeks access to the following:

Records requested:  - plans of the new proposed municipal complex
(architectural and site plans) - the estimate cost to build the new
building  (see attachments for original OPRA)

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

Sincerely,

Custodian of Records

Colts Neck Township

Open Public Records Act (OPRA) Request

Reference # OPR-2020-00518

Request Type: General

Dear Anonymous ,

This email is to notify you that an extension of time until 02/20/2020 is
required to fulfill your request.

The request seeks access to the following:

Records requested:  - plans of the new proposed municipal complex
(architectural and site plans) - the estimate cost to build the new
building  (see attachments for original OPRA)

The Custodian of Records has deemed that additional time beyond the seven
(7) business days is required to fulfill the request. OPRA allows
custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5.i.
Specifically, OPRA states that, "the requestor shall be advised by the
custodian when the record can be made available. If the record is not made
available by that time, access shall be deemed denied."

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

Sincerely,

Custodian of Records

Colts Neck Township

Open Public Records Act (OPRA) Request

Reference #:

Request Type: General

Dear Anonymous ,

This email is to inform you that your request has been closed. Please find
attached the records requested.

The request sought access to the following:

Records requested:  - plans of the new proposed municipal complex
(architectural and site plans) - the estimate cost to build the new
building  (see attachments for original OPRA)

Date Received: 01/30/2020

Date Fulfilled: 02/18/2020

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

Sincerely,

Custodian of Records

Colts Neck Township

Open Public Records Act (OPRA) Request

Reference # OPR-2020-00518

Request Type: General

Dear Anonymous ,

Please note the following comment made by Trina Lindsey on 02/18/2020:

Your OPRA request for “plans of the new proposed municipal complex
(architectural and site plans)” is denied as finalized plans do not exist.
The current plans are drafts and have not been approved, therefore your
request is denied due to OPRA’s deliberative process privilege. See In re
Liquidation of Integrity Ins. Co., 165 N.J. 75, 83 (2000) (permitting “the
government to withhold documents that reflect advisory opinions,
recommendations, and deliberations comprising part of a process by which
governmental decisions and policies are formulated”). As noted by the
Appellate Division in Tractenberg v. Township of West Orange, 416 N.J.
Super. 354, 366 (App. Div. 2010), the deliberative process privilege is
intended to protect “free and open comments” within government agencies,
and “prevents the release of proposed policies before they have been fully
scrutinized and implemented by the governmental agency.” Ibid;

The request seeks access to the following:

Records requested:  - plans of the new proposed municipal complex
(architectural and site plans) - the estimate cost to build the new
building  (see attachments for original OPRA)

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

Sincerely,

Custodian of Records

Colts Neck Township

Open Public Records Act (OPRA) Request

Reference # OPR-2020-00518

Request Type: General

Dear Anonymous ,

Please note the following comment made by Trina Lindsey on 02/18/2020:

see also Correctional Medical Services, Inc. v. State DOC, 426 N.J.Super.
106, 126 (App. Div. 2012) (“The purpose of the deliberative process
privilege is to enhance the quality of agency decisions by protecting open
and frank discussion among those who make them within the Government, not
to further the litigation strategy of counsel.”). The Township has not
approved final designs for the Police Department and/or Courthouse and
proposed designs are still under deliberation. Furthermore, please be
advised that once the architectural and site plans are finalized, they
would be heavily, if not entirely redacted, based upon OPRA safety and
security exemptions. Architectural and site plans may contain sensitive
security information which, if disclosed, would jeopardize security of the
building or facility or persons therein. See N.J.S.A.47:1A-1.1.

The request seeks access to the following:

Records requested:  - plans of the new proposed municipal complex
(architectural and site plans) - the estimate cost to build the new
building  (see attachments for original OPRA)

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

Sincerely,

Custodian of Records

Colts Neck Township

Open Public Records Act (OPRA) Request

Reference # OPR-2020-00518

Request Type: General

Dear Anonymous ,

Please note the following comment made by Trina Lindsey on 02/18/2020:

Your OPRA request for “estimate cost to build the new building” is denied
as this is not a readily identifiable document. A record custodian is not
required to research files to determine which records, if any, might be
responsive to a broad and unclear OPRA request. See Donato v. Township of
Union, GRC Complaint No. 2005-182 (February 2007). However, in an effort
to provide the information you are seeking, I am attaching a press release
that the Township released on  January 30, 2020, which lists the total
estimated cost of the new building.

The request seeks access to the following:

Records requested:  - plans of the new proposed municipal complex
(architectural and site plans) - the estimate cost to build the new
building  (see attachments for original OPRA)

This is an automated email notification, please do not reply. If you have
any questions about this request please contact us at (732) 462-5470 Ext.
100 and quote the reference number above.

Sincerely,

Custodian of Records