Memos on Proposed Islamic Center

Waqas Mirza filed this request with the Planning Board of Bernards, NJ.
Status
Rejected

Communications

From: Waqas Mirza

To Whom It May Concern:

Pursuant to Open Public Records Act ("OPRA"), I hereby request the following records:

A copy of all memos to and from the Bernards Township Planning Board concerning the Islamic Center proposed by the Islamic Society of Basking Ridge.

You can limit your search to records created from January 1st, 2012 to the date this request is processed.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Waqas Mirza

From: DENISE SZABO

Mr. Mirza:

This email is in response to your OPRA request received 7/21/16 which is printed in full below.

Your request is denied for two reasons:

1. Your request is broad and unclear. An OPRA request must be sufficiently precise so that the Records Custodian can identify the documents you seek. OPRA allows request for records, not request for information. Bent v. Township of Stafford, 381 N.J. Super. 30, 37 (App. Div. 2005). OPRA is not intended as a research tool requiring a government officials to identify and siphon useful information. MAG Entertainment, LLC v. Division of Alcoholic Beverage Control. 375 N.J.Super 534, 546 (App. Div. 2005). Township officials are not obligated to research township records to ascertain which records, if any, might be responsive to a broad and unclear OPRA request.

2. A non-resident of New Jersey does not have a right under the Open Public Records Act, N.J.S.A. 47:1A-7 to 13 to request government records. See Scheeler v. City of Cape May, (Cape May, CPM-L-444-15, February 19, 2016, Honorable Nelson C. Johnson, J.S.C.)."

Denise Szabo, RMC/MMC
Bernards Township Municipal Clerk/Assistant Administrator
1 Collyer Lane
Basking Ridge, NJ 07920
908-204-3014 (phone)
908-204-3015 (fax)
dszabo@bernards.org<mailto:dszabo@bernards.org>

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