Mayor Steven Fulop Last 200 Pages of Emails

Taylor Amarel filed this request with the Jersey City Mayor's Office of Jersey City, NJ.
Tracking #

R003700-121318

Status
Rejected

Communications

From: Taylor Amarel


To Whom It May Concern:

Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:

I would like to obtain the last 200 pages of emails sent to, from, or copied to Mayor Steven Fulop.

You may start with the most recent email (as of the time you receive this request). Convert this email to PDF and then proceed to the immediately prior email until 200 pages of emails have been produced.

I request that you ignore spam, junk mail, or newsletters.

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,

Taylor Amarel

From: Jersey City Mayor's Office

Dear Taylor Amarel:
Thank you for your interest in open public records of Jersey City OPRA Center.  This will serve to acknowledge receipt of your Open Public Records Act (OPRA) request.  Your request was received in this office on 12/13/2018.  Kindly refer to the reference number R003700-121318 when communicating with our office in this regard.  Your request mentioned:

Your request will be forwarded to the relevant City department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question.  PLEASE NOTE: The State Public Information Act does not require a governmental body to create new information, to do legal research, or to answer questions. You can track and monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Jersey City OPRA Center.
Jersey City, NJ

From: Jersey City Mayor's Office

Dear Taylor Amarel,
Thank you for registering with the Jersey City OPRA Center.
Thank You,
Custodian of Records
Jersey City, NJ

From: Jersey City Mayor's Office

--- Please respond above this line ---

RE: OPEN PUBLIC RECORDS REQUEST of December 13, 2018, Reference # R003700-121318

Taylor Amarel:
The City received a public information request from you on December 13, 2018. Your request mentioned:

Reference is made to your OPRA request captioned above.

Please note that two additional weeks are needed for the processing of your request. Thank you for your patience.

Sincerely,
Irene McNulty
Deputy City Clerk
Office of City Clerk

To monitor the progress or update this request please log into the Jersey City OPRA Center. (https://jerseycity.mycusthelp.com/WEBAPP/_rs/supporthome.aspx)

From: Jersey City Mayor's Office

--- Please respond above this line ---

RE: OPEN PUBLIC RECORDS REQUEST of December 13, 2018, Reference # R003700-121318
Taylor Amarel:

The City received a public information request from you on December 13, 2018. Your request mentioned:

Your request is denied as overly broad pursuant to Elcavage v. West Milford Twp, GRC Complaint Number 2009-07 (April 8 ,2010), MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div. 2005) and New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390  N.J.Super.  166 (App.  Div.  2007).

The New Jersey Superior Court has held that "[w]hile OPRA provides an alternative means of access to government documents not otherwise exempted from its reach, it is not intended as a research tool litigants may use to force government officials to identify and siphon useful information. Rather, OPRA simply operates to make identifiable government records ‘readily accessible for inspection, copying, or examination.’ N.J.S.A. 47:1A-1." MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div. 2005).

The Court further held that "[u]nder OPRA, agencies are required to disclose only "identifiable" government records not otherwise exempt ... In short, OPRA does not countenance open-ended searches of an agency's files." Id. at 549.

Furthermore, in Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005), the Superior Court references MAG in that the Court held that a requestor must specifically describe the document sought because OPRA operates to make identifiable government records "accessible." "As such, 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."
Additionally, in New Jersey Builders Association v. New Jersey Council on Affordable Housing,  390  N.J.Super.  166,  180  (App.  Div.  2007)  the  court  cited  MAG  by  stating  that “...when a  request  is ‘complex’ because it fails  to specifically identify the documents sought, then that request is not ‘encompassed’ by OPRA...”

The OPRA Custodian and City employees are only required to search their files to find the identifiable government records listed in an OPRA request. Your request fails  to  seek  specific identifiable  government  records and is, therefore, overly broad and invalid under OPRA. Thus, your request is denied.

Sincerely,
Irene McNulty
Deputy City Clerk
Office of City Clerk

To monitor the progress or update this request please log into the Jersey City OPRA Center. (https://u8387795.ct.sendgrid.net/wf/click?upn=Ow1KccipsoIsnXbuEgm-2FN9nQG2RQwBWfGr-2F-2BMpuFYWnF-2BBr9kfbmhRLyYwzQ9ZHgrbV-2BMYi-2FP5LbXJor4z6y58-2BOID5DdC8aAQKsrdZOuIQ-3D_igTi2xmNdMrp40zhXvVCAHl4a0RcIGQvmey82X2ykOv8p7hnRLu6lK-2BedDAfnvvENetvlzc2tI28Ftxpi9CUiwyY-2FT5XYXLA1vi7sLOQ-2BTA8ToabUg-2BylxJosZVGHkjd3D25AYVP0fNCEjsYvAzIpYs9yk22zIUIuDWvLHHq8X-2BjJKFbOujy8mPgUvI7-2FrgrVIje7G4FKfPpVe07MJsFs-2FP2ARrOVn10Y6NoDWNMHO6HlN4FMLkcK-2Bd4MO3mCV-2BW9tPiesmAnW0pfOimP-2FakXPZQXHwsQQ5FJp3QXhzmQ5AHDBwZdZRY-2Bpw3LZ6GBpT-2Bb1TkzH562ta6YOTXVrsRBY5rAlPpkXlK27pMT70ssZ81nAdmQ1J4PIlTWRc4hAi7WJeMqPtKohcpBVflAr8NrA-3D-3D)

From: Jersey City Mayor's Office

--- Please respond above this line ---

RE: OPEN PUBLIC RECORDS REQUEST of December 13, 2018, Reference # R003700-121318
Taylor Amarel:

The City received a public information request from you on December 13, 2018. Your request mentioned:
Your request is denied as overly broad pursuant to Elcavage v. West Milford Twp, GRC Complaint Number 2009-07 (April 8 ,2010), MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div. 2005) and New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390  N.J.Super.  166 (App.  Div.  2007).
The New Jersey Superior Court has held that "[w]hile OPRA provides an alternative means of access to government documents not otherwise exempted from its reach, it is not intended as a research tool litigants may use to force government officials to identify and siphon useful information. Rather, OPRA simply operates to make identifiable government records ‘readily accessible for inspection, copying, or examination.’ N.J.S.A. 47:1A-1." MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div. 2005). The Court further held that "[u]nder OPRA, agencies are required to disclose only "identifiable" government records not otherwise exempt ... In short, OPRA does not countenance open-ended searches of an agency's files." Id. at 549.
Furthermore, in Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005), the Superior Court references MAG in that the Court held that a requestor must specifically describe the document sought because OPRA operates to make identifiable government records "accessible." "As such, 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."
Additionally, in New Jersey Builders Association v. New Jersey Council on Affordable Housing,  390  N.J.Super.  166,  180  (App.  Div.  2007)  the  court  cited  MAG  by  stating  that “...when a  request  is ‘complex’ because it fails  to specifically identify the documents sought, then that request is not ‘encompassed’ by OPRA...”
The OPRA Custodian and City employees are only required to search their files to find the identifiable government records listed in an OPRA request. Your request fails  to  seek  specific identifiable  government  records and is, therefore, overly broad and invalid under OPRA. Thus, your request is denied.
Sincerely,
Irene McNulty
Deputy City Clerk
Office of City Clerk
To monitor the progress or update this request please log into the Jersey City OPRA Center. (https://u8387795.ct.sendgrid.net/wf/click?upn=Ow1KccipsoIsnXbuEgm-2FN9nQG2RQwBWfGr-2F-2BMpuFYWnF-2BBr9kfbmhRLyYwzQ9ZHgrbV-2BMYi-2FP5LbXJor4z6y58-2BOID5DdC8aAQKsrdZOuIQ-3D_igTi2xmNdMrp40zhXvVCAHl4a0RcIGQvmey82X2ykOv8p7hnRLu6lK-2BedDAfnvvENetvlzc2tI28Ftxpi9CUiwyY-2FT5XYXLA1vi7sLOQ-2BTA8ToabUg-2BylxJosZVGHkjd3D25AYVP0fNCEjsYvAzIpYs9yk22zIUIuDWvLHHq8X-2BjJKFbOujy8mPgUvI7-2FrgrVIje7G4FKfPpVe07MJsFs-2FP2ARrOVn10Y6NoDWNMHO6HlN4FMLkcK-2Bd4MO3mCV-2BW9tPiesmAnW0pfOimP-2FakXPZQXHwsQQ5FJp3QXhzmQ5AHDBwZdZRY-2Bpw3LZ6GBpT-2Bb1TkzH562ta6YOTXVrsRBY5rAlPpkXlK27pMT70ssZ81nAdmQ1J4PIlTWRc4hAi7WJeMqPtKohcpBVflAr8NrA-3D-3D)

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