Use of municipal owned property
Dear Clark 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:
As required in Chapter 240 Article II Section 5, please provide the permit application(s) and certificate(s) of insurance for usage of the Brewer Recreation Facility, the adjoining lands (parking lots, tennis courts and basketball courts) and any other township owned property located at 430 Westfield Ave Clark NJ 07066 for the following dates
- 10/10/19, 10/11/2019, 10/12/2019 and 10/13/2019;
and
- 10/7/21, 10/8/2021, 10/9/2021 and 10/10/2021
Yours faithfully,
Public Records
Your request has been received and will be processed in accordance with the Open Public Records Act.
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
To: Public Records <[OPRA #31614 email]>
From: Edith L. Merkel, Township Clerk, Township of Clark
Re: OPRA - Use of municipal owned property
Date: May 11, 2022
The Township of Clark received your Open Public Records Act (OPRA) request on Sunday, May 08, 2022 12:32 PM. The official Records Custodian, Edith Merkel, received your OPRA request on May 9, 2022. As such, the seven (7) business day deadline to respond to your request is May 18, 2022. This response to your request is being provided to you on the 2nd business day after the custodian’s receipt of said request.
Your OPRA request (below) sought access to: "permit application(s) and certificate(s) of insurance for usage of the Brewer Recreation Facility, the adjoining lands (parking lots, tennis courts and basketball courts)" "10/10/19, 10/11/2019, 10/12/2019 and 10/13/2019; and - 10/7/21, 10/8/2021, 10/9/2021 and 10/10/2021"
2019 and 2021 Applications - not on file
2019 and 2021 Certificates of Insurance attached
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 Clark 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.
Dear Clerk's Dept.,
The Township of Clark was not able to produce the requested records, specifically the permit applications, due to not being on file, therefore I seek the following clarification:
- Were applications for the usage of the Township property listed in my original request 1) submitted but the Township failed to keep said records as required, or 2) the applications were not submitted as required in Section 240-5 A.
- Since the applications permits are "not on file", please provide any records with or information of the "applicants name/organization", "address", "Name of Person Filing" "rec center/park/court location", "type of activity" and "rental Cost" for the same Township property and dates listed in the original request. All listed info was required to be provided by all other applicants for the usage of the same facilities via the Application for Rec Center/Park/ Court Permit used by the Clark Recreation Department.
Yours sincerely,
Public Records
Your request has been received and will be processed in accordance with the Open Public Records Act.
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
To: Public Records <[email address]>
Public Records <[OPRA #31614 email]>
From: Edith Merkel, Township Clerk, Township of Clark
Re: OPRA - Use of municipal owned property and OPRA request - Fees and costs for usage of Township's property (original request and two follow up requests reprinted below)
Date: May 16, 2022
The Township of Clark received your Open Public Records Act (OPRA) request on May 12, 2022. The official Records Custodian, Edith Merkel, received your OPRA request on May 12, 2022. As such, the seven (7) business day deadline to respond to your request is May 23, 2022. This response to your request is being provided to you on the 2nd business day after the custodian's receipt of said request.
The response from the Recreation Director is as follows and attached:
Dear Clerk's Dept.,
Be advised the response you provided is not in reference to this this specific request. Upon review of the email thread, it appears either you or the Director of Recreation copied and pasted another emailed request into this one, therefore leaving this request unanswered. In order to assist you I copied the original request below:
- Were applications for the usage of the Township property listed in my original request 1) submitted but the Township failed to keep said records as required, or 2) the applications were not submitted as required in Section 240-5 A.
- Since the applications permits are "not on file", please provide any records with or information of the "applicants name/organization", "address", "Name of Person Filing" "rec center/park/court location", "type of activity" and "rental Cost" for the same Township property and dates listed in the original request. All listed info was required to be provided by all other applicants for the usage of the same facilities via the Application for Rec Center/Park/ Court Permit used by the Clark Recreation Department.
Yours sincerely,
Public Records
Your request has been received and will be processed in accordance with the Open Public Records Act.
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
Your request has been forwarded to Robert Varady, Esq. who has been retained by the Township of Clark with regard to OPRA requests. You may correspond directly with Mr. Varady at <[email address]>
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
Dear Clerk's Dept.,
As of this writing, we have not received a response to the request for records dated 5/8/22 and clarification dated 5/12/22. Instead of providing the mentioned records and clarification, on 5/16/21 your office copied, pasted and sent us a response in reference to another request.
Based on the above timeline, your response is delayed. We request that you look into this matter and advise us accordingly of what will be done to correct this.
Yours sincerely,
Public Records
Dear Clark Township,
Please pass this on to the person who conducts Open Public Records Act reviews.
I am writing to request an internal review of Clark Township's handling of my OPRA request 'Use of municipal owned property'.
As of this writing, we have not received a response to the request for records dated 5/8/22 and clarification dated 5/12/22. Instead of providing the mentioned records and clarification, on 5/16/21 your office copied, pasted and sent us a response in reference to another request.
Based on the above timeline, your response is delayed. We request that you look into this matter and advise us accordingly of what will be done to correct this.
A full history of my OPRA request and all correspondence is available on the Internet at this address:
https://opramachine.com/request/use_of_m...
Yours faithfully,
Public Records
Dear Public Records,
Please see the attached in connection with the above referenced matter.
Very truly yours,
Miriam Stone
Paralegal
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
Tel: (908) 810-0500
Fax: (908) 810-0513
[1][email address]
References
Visible links
1. mailto:[email address]
Dear Public Records,
Please see the attached in connection with the above referenced matter.
Very truly yours,
Miriam Stone
Paralegal
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
Tel: (908) 810-0500
Fax: (908) 810-0513
[1][email address]
References
Visible links
1. mailto:[email address]