2013 Collection NJ DEP Government Records Request Forms
| Submitted | June 24, 2014 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to Open Public Records Act ("OPRA"), I hereby request the following records:
The collection of Government Records Request Forms completed in conjunction with records requests submitted to the New Jersey Department of Environmental Protection during the year 2013.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, 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,
Beryl Lipton
From: DEP records
Mr. Lipton:
Attached is a copy of the Government Records Request Form for the above referenced request. In addition, below is the full “Addendum Disposition Notes” that were cut-off due to field size limitations on the form.
Addendum Disposition Notes:
The Appellate Division has recognized that there is an interest of third parties in protecting the confidentiality of their requests for access to public documents under OPRA. Gannett NJ Partners, LP v. Cnty of Middlesex, 379 N.J. Super. 205, 212 (App. Div. 2005). For that reason, “OPRA does not authorize a party to make a blanket request for every document a public agency has provided another party in response to an OPRA request”, nor does it permit requests that would reveal “the nature and scope of a third party’s inquiry to a government agency”. Further, OPRA exempts “information which, if disclosed, would give an advantage to competitors”. N.J.S.A. 47:1A-1.1 and Gannett, supra. The NJDEP receives over 16,000 requests per year. The production of the Government Record Request Forms and the redaction of the Requestor’s and the request information render the NJDEP’s non-confidential response (records available, not available, denied) meaningless. Due to the volume of requests NJDEP receives, the amount of time required to redact the information constitutes a substantial disruption of Agency’s operations, and therefore, this part of the request (i.e. request response) has been denied pursuant to NJSA 47:1A-5.5 & NJSA 47:1A-9.
Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339
From: Beryl Lipton
Hello Mr. Coefer,
Thank you for your response to this request. I understand the disruption that reproducing and redacting every Government Records Request form would cause. A previous request of mine was denied on the grounds that no list of all requests is maintained by the DEP. However, with 16,000 requests a year, I imagine that there is some collective management in place. Could you please send me in a more appropriate direction for the acquisition of the information I am seeking?
Thank you for your help.
Sincerely,
Beryl C.D. Lipton
From: Matt Coefer
Mr. Lipton:
As fully explained in the June 30, 2014 response to your OPRA request, the information you seek is confidential.
Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: DEP records
Mr. Lipton:
As indicated in my July 24th email to you, the Department is currently revisiting your request based on the cited decision and will respond to your email within 7 to 10 days (as of the July 24th). Early next week we will respond to your request.
Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 24, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: Matt Coefer
Mr. Lipton:
The State's Office of the Attorney General has filed a motion for a stay of Judge Jacobson's order in the Scheeler case. As a result, the NJDEP's denial of the request continues pending resolution of the "Scheeler" litigation.
Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339
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