Wallington Emergency Squad

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Dear Michael,

This comes in response to your OPRA and Common Law Request, that was
received on January 29^th, for:

“Records requested:

I am requesting the following documents from the Wallington Emergency
Squad:

1. All EMS board of executive officers and line officers’ appointments
with names and titles for the past six years (2021, 2022, 2023, 2024,
2025, 2026)

2. All EMS monthly reports submitted to the fire commissioner for the past
six years (2021, 2022, 2023, 2024, 2025, 2026)

3. Bylaws for the past six years (2021, 2022, 2023, 2024, 2025, 2026)

4. Personnel roster for the past six years (2021, 2022, 2023, 2024, 2025,
2026)

5. Personnel schedule showing daily EMS coverage assignments for the past
six years (2021, 2022, 2023, 2024, 2025, 2026)

6. Detailed worksheets used to calculate LOSAP with personnel signatures
for the past six years (2021, 2022, 2023, 2024, 2025, 2026)

7. LOSAP worksheet records providing names and amounts earned for the past
six years (2021, 2022, 2023, 2024, 2025, 2026)

8. Copies of the back of all call sheets for the past six years (2021,
2022, 2023, 2024, 2025, 2026)

9. All resignations for the past six years (2021, 2022, 2023, 2024, 2025,
2026)

10. Most current exposure control plans

11. Copies of all accident reports involving any EMS vehicle for the past
six years (2021, 2022, 2023, 2024, 2025, 2026)

12. Copies of all police statements and reports involving all EMS members
for the past six years (2021, 2022, 2023, 2024, 2025, 2026)

13. Personnel training records and certifications (copies of actual
certificates) for the past six years (2021, 2022, 2023, 2024, 2025, 2026)

14. All squad meeting minutes for the past six years (2021, 2022, 2023,
2024, 2025, 2026)

15. All squad financial statements for the past six years (2021, 2022,
2023, 2024, 2025, 2026)

16. All squad itemized receipts for the past five years (2021, 2022, 2023,
2024, 2025, 2026) for all squad personnel reimbursements

17. All squad IRS filings for the past six years (2021, 2022, 2023, 2024,
2025, 2026) for all EMS bank accounts

18. Copy of all squad donations received from residents, businesses,
MetLife as well as any others listing date and amount received for the
past six years (2021, 2022, 2023, 2024, 2025, 2026)

19. Copy of all fees and/or charges EMS received as compensation for
rendering services for which a fee was charged (acting as Borough of
Wallington EMS) that was turned over to the Borough for the past six
years (2021, 2022, 2023, 2024, 2025, 2026)

20. Inventory list of all EMS operational equipment for the past six years
(2021, 2022, 2023, 2024, 2025, 2026)

21. Inventory list for all Dive team operational equipment for the past
six years (2021, 2022, 2023, 2024, 2025, 2026)

22. Inventory list for all Bergen County EMS operational equipment for the
past six years (2021, 2022, 2023, 2024, 2025, 2026)

23. All emails between EMS members pertaining to squad matters including
Borough correspondence for the past six years (2021, 2022, 2023, 2024,
2025, 2026)

24. All text messages between EMS members pertaining to squad members
including Borough correspondence for the past six years (2021, 2022, 2023,
2024, 2025, 2026)

25. EMS Borough Ordinance

26. List of all EMS/Dive equipment discarded, given and/or traded to
another Municipality and signed off on by the Borough for the past ten
years (2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026)”

I am the records custodian for the Borough of Wallington and we are
responding within the time required. We are requesting an extension of 7
business days to Thursday, February 19^th, to respond as the Borough is
still searching its files for responsive documents. You can expect a
formal response on or before the aforementioned date.

If your request seeks information or asks questions and does not identify
specific government records, same is not a valid OPRA request. 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. See Bent v. Stafford Police Department, 381
N.J.Super. 30, 37 (App. Div. 2005). Custodians are not required to
conduct research or create new records in response to an OPRA request.

Regards,

Casey Kimmel, RMC

Borough Clerk

Borough of Wallington

(973) 777-0318 ext. 201

[1][email address]

The content of this email is confidential and is intended for the sole use
of the recipient specified in this message and may contain confidential
and/or privileged information. Any unauthorized review, use, disclosure
or distribution is strictly prohibited. If you are not the intended
recipient, please contact the sender via email, phone or fax and destroy
all copies of the original message.

References

Visible links
1. mailto:[email address]

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Dear Michael,

This comes in response to my original email sent on February 9^th.
Responses to your request will be in bold for the following:

“Records requested:

I am requesting the following documents from the Wallington Emergency
Squad:

1. All EMS board of executive officers and line officers’ appointments
with names and titles for the past six years (2021, 2022, 2023, 2024,
2025, 2026) – Please find in the link below all responsive records on file
with the Wallington Emergency Squad

2. All EMS monthly reports submitted to the fire commissioner for the past
six years (2021, 2022, 2023, 2024, 2025, 2026) – Wallington Emergency
Squad has advised that no responsive documents exist

3. Bylaws for the past six years (2021, 2022, 2023, 2024, 2025, 2026) –
Please find in the link below all responsive records on file with the
Wallington Emergency Squad

4. Personnel roster for the past six years (2021, 2022, 2023, 2024, 2025,
2026) – Please find in the link below all responsive records that were
provided by the Wallington Emergency Squad in response to your request

5. Personnel schedule showing daily EMS coverage assignments for the past
six years (2021, 2022, 2023, 2024, 2025, 2026) – Wallington Emergency
Squad has advised that no responsive documents exist

6. Detailed worksheets used to calculate LOSAP with personnel signatures
for the past six years (2021, 2022, 2023, 2024, 2025, 2026) – Please find
in the link below all responsive records that were provided by the
Wallington Emergency Squad in response to your request

7. LOSAP worksheet records providing names and amounts earned for the past
six years (2021, 2022, 2023, 2024, 2025, 2026) – Please find in the link
below all responsive records on file with the Wallington Emergency Squad

8. Copies of the back of all call sheets for the past six years (2021,
2022, 2023, 2024, 2025, 2026) – Wallington Emergency Squad has advised
that no responsive documents exist

9. All resignations for the past six years (2021, 2022, 2023, 2024, 2025,
2026) – Please find in the link below all resignations on file for the
Wallington Emergency Squad from 2024 to the time of your request. The
Wallington Emergency Squad has advised that no other responsive documents
exist

10. Most current exposure control plans – Please find in the link below
the responsive record(s) provided by the Wallington Emergency Squad

11. Copies of all accident reports involving any EMS vehicle for the past
six years (2021, 2022, 2023, 2024, 2025, 2026) – The Wallington Police
Department has advised that your OPRA Request is too broad and voluminous.
The Open Public Records Act deals with requests for readily identifiable
public records. The Custodian of Records is not supposed to perform
research to determine which documents exist, but rather to make available
to a requestor specific record that have been identified by the requestor.
Please clarify your request by providing specific criteria, such as
individual(s) names or license plates, for the Police Department to
conduct a search for any and all responsive records. If clarification is
not received in 7 business days, no later than Monday, March 2^nd, our
office will deem this request as closed.

12. Copies of all police statements and reports involving all EMS members
for the past six years (2021, 2022, 2023, 2024, 2025, 2026) – Please refer
to Point #11

13. Personnel training records and certifications (copies of actual
certificates) for the past six years (2021, 2022, 2023, 2024, 2025, 2026)
– Please find in the link below all responsive records on file with the
Wallington Emergency Squad

14. All squad meeting minutes for the past six years (2021, 2022, 2023,
2024, 2025, 2026) – Please find in the link below all responsive records
on file with the Wallington Emergency Squad

15. All squad financial statements for the past six years (2021, 2022,
2023, 2024, 2025, 2026) – Please find in the link below all responsive
records on file with the Wallington Emergency Squad at the moment. An
additional extension is requested due to the size of responsive records
and time needed to review and apply any necessary redactions under the
Open Public Records Act. You can expect a formal response to this request
on or before Monday, March 2^nd.

16. All squad itemized receipts for the past five years (2021, 2022, 2023,
2024, 2025, 2026) for all squad personnel reimbursements – Please find in
the link below all responsive records on file with the Wallington
Emergency Squad

17. All squad IRS filings for the past six years (2021, 2022, 2023, 2024,
2025, 2026) for all EMS bank accounts- The Wallington Emergency Squad has
advised that there are no responsive records to your request

18. Copy of all squad donations received from residents, businesses,
MetLife as well as any others listing date and amount received for the
past six years (2021, 2022, 2023, 2024, 2025, 2026) - The Wallington
Emergency Squad has advised that a review of the records maintained by the
Squad did not yield any documents responsive to your request.

19. Copy of all fees and/or charges EMS received as compensation for
rendering services for which a fee was charged (acting as Borough of
Wallington EMS) that was turned over to the Borough for the past six
years (2021, 2022, 2023, 2024, 2025, 2026)

20. Inventory list of all EMS operational equipment for the past six years
(2021, 2022, 2023, 2024, 2025, 2026) - Wallington Emergency Squad has
advised that no responsive documents exist

21. Inventory list for all Dive team operational equipment for the past
six years (2021, 2022, 2023, 2024, 2025, 2026) - Wallington Emergency
Squad has advised that no responsive documents exist

22. Inventory list for all Bergen County EMS operational equipment for the
past six years (2021, 2022, 2023, 2024, 2025, 2026) – Please find in the
link below all responsive records on file with the Wallington Emergency
Squad

23. All emails between EMS members pertaining to squad matters including
Borough correspondence for the past six years (2021, 2022, 2023, 2024,
2025, 2026) - Please be advised that your OPRA Request is too broad and
voluminous. The Open Public Records Act deals with requests for readily
identifiable public records. The Custodian of Records is not supposed to
perform research to determine which documents exist, but rather to make
available to a requestor specific records that have been identified by the
requestor.

Per Elcavage v. West Milford Twp. (Passaic), GRC Complaint No. 2009-07
(April 2010): The Government Records Council held that “an OPRA request
for an e-mail or e-mails shall therefore focus upon the following four (4)
characteristics: Content and/ or subject, specific date or range of
dates, sender, and recipient. In accord with MAG, supra, and its progeny
in order to specifically identify an e-mail, OPRA requests must contain:
(1) the content and/or subject of the e-mail, (2) the specific date range
or range of dates during which the e-mail was transmitted and (3) a valid
e-mail request identify the sender and/or the recipient thereof.: ID. At
5. See also Armenti v. Robbinsville Bd. Of Educ. (Mercer), GRC Complaint
No. 2009-154 (Interim Order dated May 24, 2011) (applying the Elcavage,
factors to other forms of written correspondence).

If clarification is not received in 7 business days, no later than Monday,
March 2^nd, our office will deem this request as closed.

24. All text messages between EMS members pertaining to squad members
including Borough correspondence for the past six years (2021, 2022, 2023,
2024, 2025, 2026) - The Wallington Emergency Squad has advised that no
documents responsive to your request exist

25. EMS Borough Ordinance – Please find the link to our ecode regarding
The Wallington Emergency Squad Ordinance: [1]Borough of Wallington, NJ
Emergency Squad

26. List of all EMS/Dive equipment discarded, given and/or traded to
another Municipality and signed off on by the Borough for the past ten
years (2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026) -
The Wallington Emergency Squad has advised that no documents responsive to
your request exist”

Due to the size and quantity of the responsive records (148.3MB), please
see the link below to WETransfer so these documents can be provided to you
via email.

The link below is available for 30 days, and will expire on Saturday,
March 21^st, 2026

WeTransfer: [2]https://we.tl/t-lwrxlyIHmR

Please let me know if you have any trouble accessing the documents. As
these documents are being emailed to you there is no cost for duplication
under the Open Public Records Act.

If your request seeks information or asks questions and does not identify
specific government records, same is not a valid OPRA request. 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. See Bent v. Stafford Police Department, 381
N.J.Super. 30, 37 (App. Div. 2005). Custodians are not required to
conduct research or create new records in response to an OPRA request.