Dear Hudson Arts & Science Charter School,

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:
A copy of all Whatsapp messages (sent to school related Whatsapp groups or to individuals) from principal Eljasa Jashar for the last three school years.

Yours faithfully,

Bertilda

Dear Mustafa Coban,

"The means of submitting a request form (mail, in-person, Internet) will not affect which records will or will not be available for access. "

Please have your legal counsel check the reference below:

"How do I submit an OPRA request?
A request for access to a government record must be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian. A records request under OPRA cannot be made verbally.
Some public agencies have created systems that will permit a citizen to fill out an online request form and file it with the custodian over the Internet. The means of submitting a request form (mail, in-person, Internet) will not affect which records will or will not be available for access. "

https://www.nj.gov/grc/public/faqs/#3

Yours sincerely,

Bertilda

Dear Mustafa Coban,

The regulation your counsel is referring has been reversed in the Court:
The decision is "Accordingly, we conclude that the form should be used, but no request for information should be rejected if such form is not used."

Please see below:

"We reverse the judgment of the Law Division and remand for the entry of an order consistent with this opinion.

Both the GRC and the New Jersey Press Association (NJPA) were granted leave to appear as amicus curiae.

We note that appropriate deference should be given to the GRC's Advisory Opinions since it is an administrative agency created under OPRA and is the agency charged with the enforcement of the statute. See Espina v. Bd. of Review, 402 N.J. Super. 87, 92 (App. Div. 2008). However, the Legislature has also granted the Superior Court concurrent jurisdiction, N.J.S.A. 47:1A-6, and the statute specifically states that "a decision of the [GRC] shall not have value as a precedent for any case initiated in the Superior Court pursuant to . . . [N.J.S.A.] 47:1A-6." N.J.S.A. 47:1A-7(e). When the issue on appeal involves the agency's interpretation of the law, our review is de novo. See Utley v. Board of Review, Dep't of Labor, 194 N.J. 534, 551 (2008) (noting that appellate courts are "in no way bound by the agency's interpretation of a statute or its determination of a strictly legal issue" (internal quotations omitted))."

These policies can be harmonized. This requires a balancing of the need for specificity for the custodian and the overarching objective of OPRA to insure public access to records. See Burnett, supra, ___ N.J. at ___ (slip op. at 3) (noting that fulfilling the aims of "OPRA[] ... require[s] a careful balancing of the interests at stake"). While we conclude that the Legislature did not mandate that written requests for records be made on an official form, we likewise recognize the salutary benefit served by use of a form that insures uniformity of request and response. Ultimately, the primary objective of the statutory construct is that the requester set forth in writing, and in a cogent and clear manner, the nature of the request and the other information required by N.J.S.A. 47:1A-5(f). The custodian must have before it sufficient information to make the threshold determination as to the nature of the request and whether it falls within the scope of OPRA. Accordingly, we conclude that the form should be used, but no request for information should be rejected if such form is not used.

https://law.justia.com/cases/new-jersey/...

Yours sincerely,

Bertilda

Dear Mustafa Coban,

Please have your legal Counsel to refer to the Renna v. County of Union decision which provides

" We hold that all requests for OPRA records must be in writing;  that such requests shall utilize the forms provided by the custodian of the records;  however, no custodian shall withhold such records if the written request for such records, not presented on the official form, contains the requisite information prescribed in N.J.S.A. 47:1A-5(f)."

https://caselaw.findlaw.com/nj-superior-...

Yours sincerely,

Bertilda

Dear Mustafa Coban,

I shared our conversation with the NJ Government Records Council and asked clarification on this matter.

Below is their response. Please share this with your legal counsel.

------- Original Message -------
On Wednesday, March 23rd, 2022 at 3:53 PM, Government Records Council [DCA] <[email address]> wrote:

Good afternoon,

Thank you for contacting the NJ Government Records Council ("GRC"). The information provided by the GRC is guidance and does not constitute legal advice or a final decision of the GRC regarding whether a particular record is exempt from disclosure or not since the provisions of the Open Public Records Act ("OPRA") are applied to the specific facts of the request and/or complaint. Specifically, the GRC adjudicates denial of access complaints filed against state and local government records custodians.

The GRC first notes that OPRA is one means by which an individual can gain access to records in the State of New Jersey (informal, common law or discovery are some other methods). Thus, it is not the only method an individual may use when seeking information from New Jersey public agencies. Further, the requestor is the only individual capable of invoking OPRA either by submitting the his/her request on the agency’s official OPRA request form or by citing to OPRA in an equivalent writing. If an individual chooses to invoke OPRA in a request, then the statutory provisions will apply. However, some agencies have adopted policies requiring an individual to submit an OPRA request for records. Such a policy is at the agency’s prerogative and not statutorily required by OPRA, nor a GRC directive. Based on the foregoing, it is never ”necessary” for anyone to file an OPRA request to obtain any type of government record (unless agency policy dictates such).

Regarding the filing of an OPRA request, while many requestors should and still elect to use the form, other requestors submit their OPRA requests in another written form such as a letter, fax or email. These otherwise written requests are acceptable as long as they clearly mention OPRA. If the written requests clearly mention OPRA, they are to be considered valid OPRA requests. If the otherwise written request makes no mention of OPRA, it is not a valid OPRA request. See Renna v. Cnty. of Union, 407 N.J. Super. 230 (App. Div. 2009). The GRC released an OPRA Alert regarding this case which can be reviewed at http://www.state.nj.us/grc/home/rules/pd....

If you make an official OPRA request of a records custodian in New Jersey and you believe you are unlawfully denied access to government records, you may file an action in Superior Court and pay the court filing fee or file a denial of access complaint with our agency (the Government Records Council). Please note that filing in court may result in your complaint being resolved more quickly than filing with the GRC. Additionally, the court can assess your common law right of access whereas the GRC cannot. Should you choose to file a complaint in Superior Court, you must contact the Court Clerk for the county in which you plan to file. Should you choose to file a complaint with the GRC, you must download a Denial of Access Complaint form from our website (http://www.nj.gov/grc/register/), fill it out and send it to our agency.

All Denial of Access Complaints must be submitted to the following:

Government Records Council

101 South Broad Street

PO Box 819

Trenton NJ 08625-0819

or

(609) 633-6337 Fax

or

[email address]

Sincerely,

Samuel A. Rosado, Esq.

Government Records Council

Staff Attorney

Tel: (609) 777-0507 | Fax: (609) 633-6337

http://www.state.nj.us/grc/

______________________________________________________

This correspondence contains advisory, consultative and deliberative

material and is intended solely for the person(s) shown as recipient(s).

______________________________________________________

Yours sincerely,

Bertilda

Dear Mustafa Coban,

OPRA doesn't require requestors to provide personal information.

"Who may file an OPRA request?
Anyone! Although OPRA specifically references “citizens of this State,” (N.J.S.A. 47:1A-1) the
Attorney General’s Office advises that OPRA does not prohibit access to residents of other
states. Also, requestors may file OPRA requests anonymously without providing any personal
contact information, even though space for that information appears on the form; thus
anonymous requests are permitted. "

https://www.nj.gov/grc/public/docs/Citiz...

Yours sincerely,

Bertilda