ALEC - AGs Request (New Jersey)

Alex Richardson filed this request with the Office of the Attorney General - New Jersey of New Jersey.

It is a clone of this request.

Due May 22, 2015
Est. Completion None
Status
Awaiting Response

Communications

From: Alex Richardson

To Whom It May Concern:

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

- All communications between members of this office and employees or representatives of the American Legislative Exchange Council.
- All communications containing the keywords "ALEC" or "American Legislative Exchange Council".
- Any files or documents attached to the above communications.

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 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,

Alex Richardson

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 May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Kristi Golden

June 12, 2015

Mr. Richardson,

Please see the below response that I sent to you dated May 28, 2015. OPRA requests cannot be accepted via email. Please use the appropriate form to file your request. Thank you

From: Alex Richardson

This request was resubmitted via online form.

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 May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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 May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Bruce Solomon

Dear Mr. Richardson:

In the past few days, the Office of the Attorney General - Citizens Services has received a number of e-mails from you in which you may be seeking to request access to government records under the New Jersey Open Public Records Act (OPRA) from one or more divisions in the Department of Law and Public Safety (L&PS).

Please be advised that pursuant to regulation, N.J.A.C. 13:1E-2, and long-standing L&PS policy and practice, submission of OPRA requests by facsimile transmission or e-mail is not permitted.

N.J.A.C. 13:1E-2.4(a) states: "Written Open Public Records Act (OPRA) requests shall be hand-delivered during normal business hours of the public agency, mailed or submitted electronically to the appropriate division or agency custodian of records over the Internet by means of a web-enabled OPRA request form, which can be found on the Department of Law and Public Safety OPRA website, www.state.nj.us/lps/opra<http://www.state.nj.us/lps/opra>. Submission of requests by facsimile transmission or e-mail is not permitted."

N.J.A.C. 13:1E-2.4(b) provides, in part: "Only the appropriate division or agency custodian of the record requested is authorized to accept receipt of an OPRA request on behalf of that division or agency."

This restriction is supported by New Jersey case law. In 2009, the Appellate Division stated in Renna v. County of Union, 407 N.J. Super. 230 (App. Div. 2009), "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)." On the same day, the Appellate Division held in Paff v. City of East Orange, 407 N.J. Super. 221 (App. Div. 2009):

"We conclude that the authority N.J.S.A. 47:1A-5 (f) (1) confers upon a custodian of government records to adopt a form for requesting access to a government record, which includes 'specific directions and procedures for requesting a record,' authorizes a custodian to direct that a request for a government record must be transmitted only by methods specified in the form, which need not include every method of transmission mentioned in N.J.S.A. 47:1A-5(g)."

The records request form for the Department of Law and Public Safety, in relevant part, states:

1. State Law requires that in order to request access to government records, you must complete, sign and date a written request for access and deliver it in person or by mail during regular business hours to the appropriate custodian of the record requested. You may also complete and submit a web enabled version of this request form at www.nj.gov/opra<http://www.nj.gov/opra>. L&PS will not accept submission of a written request for access by fax or email. Your request is not considered filed until the written request has been received by the appropriate custodian of the record requested.

2. If you 1) submit a request for access to government records to someone other than the appropriate custodian; or 2) do not complete a written request containing the information required in this form; or 3) make a request for access by telephone, email or fax, the Open Public Records Act and its deadlines, restrictions and remedies will not apply to your request.

For these reasons, I am not able to accept your recent e-mails as valid OPRA requests.

You can file OPRA requests on-line with the Division of State Police, the Division of Law, the Office of the Attorney General and most other Executive Branch departments and agencies in New Jersey. Log onto www.state.nj.us/lps/opra<http://www.state.nj.us/lps/opra> to get to the Department of Law and Public Safety OPRA website. Once you are logged onto that page, look at the left-hand column and click on the third item "Online Request Form". That will take you to a pull-up menu of State departments; if, for example, you wish to file an OPRA request with one of the divisions of L&PS, the Office of the Attorney General, click on "Law and Public Safety". That will take you to a pull-up menu of L&PS divisions; click on "Office of the Attorney General ". That will take you to the online OPRA Request Form for the Office of the Attorney General. Fill in the information on that form (the aqua boxes are mandatory fields) and when you click "Submit", three things will happen: 1. Your request will be entered into the State's OPRA Tracking System; 2. You will receive an acknowledgment with a tracking number for your request; and 3. An e-mail notice regarding your OPRA request will be sent to the Records Custodian for the Office of the Attorney General.

To submit a second request with another L&PS division, such as the Division of State Police, follow the process spelled out above, but when you get to the pull-up menu for L&PS divisions, click on "Division of State Police".

The online OPRA request process was designed for the ease and convenience of requesters. You are not required to submit an OPRA request by using the online or paper OPRA request form. However, you are required to submit OPRA requests in writing. Should you choose to submit written OPRA requests, please be sure to mail them individually to the appropriate division records custodians.

Sincerely,
Bruce Solomon

Bruce J. Solomon
Deputy Attorney General
L&PS Custodian of Records
State of New Jersey
Office of the Attorney General
P.O. Box 081
Trenton, New Jersey 08625-0081
Phone: (609) 984-6112
Fax: (609) 984-5949
bruce.solomon@lps.state.nj.us<mailto:bruce.solomon@lps.state.nj.us>

CONFIDENTIALITY NOTICE

The information contained in this communication from the
Office of the New Jersey Attorney General is privileged
and confidential and is intended for the sole use of the
persons or entities who are the addressees. If you are not
an intended recipient of this e-mail, the dissemination,
distribution, copying or use of the information it contains
is strictly prohibited. If you have received this communication
in error, please immediately contact the Office of the Attorney
General at (609) 292-4925 to arrange for the return of this information.

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 May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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 May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

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 May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Bruce Solomon

Dear Mr. Richardson:

You do not have an open or pending OPRA request with the Office of the Attorney General (OAG). As I explained at length in my e-mail to you dated July 21, 2015, regulations, long-standing policy and sound practical reasons do not permit the Department of Law and Public Safety (L&PS) to accept the submission of OPRA requests by e-mail or fax. My July 21, 2015 e-mail also provided you with step-by-step instructions describing how you can file an OPRA request on-line with any of the divisions or agencies of L&PS. For your convenience, I have reprinted my July 21, 2015 e-mail below.

It seems to me that you have a number of choices. You can continue to send an automatically generated e-mail tickler every few weeks, but that does not change either L&PS policy or the fact that you do not presently have an OPRA request filed or pending with OAG. Alternatively, you can follow the instructions below to file an OPRA request with OAG. As always, the choice remains yours.

Sincerely,

Bruce J. Solomon
Deputy Attorney General
L&PS Custodian of Records
State of New Jersey
Office of the Attorney General
P.O. Box 081
Trenton, New Jersey 08625-0081
Phone: (609) 984-6112
Fax: (609) 984-5949
bruce.solomon@lps.state.nj.us<mailto:bruce.solomon@lps.state.nj.us>

From July 21, 2015:

Dear Mr. Richardson:

In the past few days, the Office of the Attorney General – Citizens Services has received a number of e-mails from you in which you may be seeking to request access to government records under the New Jersey Open Public Records Act (OPRA) from one or more divisions in the Department of Law and Public Safety (L&PS).

Please be advised that pursuant to regulation, N.J.A.C. 13:1E-2, and long-standing L&PS policy and practice, submission of OPRA requests by facsimile transmission or e-mail is not permitted.

N.J.A.C. 13:1E-2.4(a) states: “Written Open Public Records Act (OPRA) requests shall be hand-delivered during normal business hours of the public agency, mailed or submitted electronically to the appropriate division or agency custodian of records over the Internet by means of a web-enabled OPRA request form, which can be found on the Department of Law and Public Safety OPRA website, www.state.nj.us/lps/opra<http://www.state.nj.us/lps/opra>. Submission of requests by facsimile transmission or e-mail is not permitted.”

N.J.A.C. 13:1E-2.4(b) provides, in part: “Only the appropriate division or agency custodian of the record requested is authorized to accept receipt of an OPRA request on behalf of that division or agency.”

This restriction is supported by New Jersey case law. In 2009, the Appellate Division stated in Renna v. County of Union, 407 N.J. Super. 230 (App. Div. 2009), “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).” On the same day, the Appellate Division held in Paff v. City of East Orange, 407 N.J. Super. 221 (App. Div. 2009):

“We conclude that the authority N.J.S.A. 47:1A-5 (f) (1) confers upon a custodian of government records to adopt a form for requesting access to a government record, which includes ‘specific directions and procedures for requesting a record,’ authorizes a custodian to direct that a request for a government record must be transmitted only by methods specified in the form, which need not include every method of transmission mentioned in N.J.S.A. 47:1A-5(g).”

The records request form for the Department of Law and Public Safety, in relevant part, states:

1. State Law requires that in order to request access to government records, you must complete, sign and date a written request for access and deliver it in person or by mail during regular business hours to the appropriate custodian of the record requested. You may also complete and submit a web enabled version of this request form at www.nj.gov/opra<http://www.nj.gov/opra>. L&PS will not accept submission of a written request for access by fax or email. Your request is not considered filed until the written request has been received by the appropriate custodian of the record requested.

2. If you 1) submit a request for access to government records to someone other than the appropriate custodian; or 2) do not complete a written request containing the information required in this form; or 3) make a request for access by telephone, email or fax, the Open Public Records Act and its deadlines, restrictions and remedies will not apply to your request.

For these reasons, I am not able to accept your recent e-mails as valid OPRA requests.

You can file OPRA requests on-line with the Division of State Police, the Division of Law, the Office of the Attorney General and most other Executive Branch departments and agencies in New Jersey. Log onto www.state.nj.us/lps/opra<http://www.state.nj.us/lps/opra> to get to the Department of Law and Public Safety OPRA website. Once you are logged onto that page, look at the left-hand column and click on the third item "Online Request Form". That will take you to a pull-up menu of State departments; if, for example, you wish to file an OPRA request with one of the divisions of L&PS, the Office of the Attorney General, click on "Law and Public Safety". That will take you to a pull-up menu of L&PS divisions; click on "Office of the Attorney General ". That will take you to the online OPRA Request Form for the Office of the Attorney General. Fill in the information on that form (the aqua boxes are mandatory fields) and when you click "Submit", three things will happen: 1. Your request will be entered into the State's OPRA Tracking System; 2. You will receive an acknowledgment with a tracking number for your request; and 3. An e-mail notice regarding your OPRA request will be sent to the Records Custodian for the Office of the Attorney General.

To submit a second request with another L&PS division, such as the Division of State Police, follow the process spelled out above, but when you get to the pull-up menu for L&PS divisions, click on "Division of State Police".

The online OPRA request process was designed for the ease and convenience of requesters. You are not required to submit an OPRA request by using the online or paper OPRA request form. However, you are required to submit OPRA requests in writing. Should you choose to submit written OPRA requests, please be sure to mail them individually to the appropriate division records custodians.

Sincerely,
Bruce Solomon

Bruce J. Solomon
Deputy Attorney General
L&PS Custodian of Records
State of New Jersey
Office of the Attorney General
P.O. Box 081
Trenton, New Jersey 08625-0081
Phone: (609) 984-6112
Fax: (609) 984-5949
bruce.solomon@lps.state.nj.us<mailto:bruce.solomon@lps.state.nj.us>

From: MuckRock

Hello Mr. Solomon,

This request was submitted using the appropriate channels. Please see the attached confirmation of submission.

Thank you.

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 May 13, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

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