All photos, videos, emails and text messages from the day of outrage protest planning and coverge on Feb 28 2015.

Melissa Byrne filed this request with the New Jersey Department of Transportation of New Jersey.

It is a clone of this request.

Tracking # F-2015-02020
Status
Rejected

Communications

From: Melissa Byrne

To Whom It May Concern:

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

I would like all photos, videos, emails and text messages from the day of outrage protest planning and coverage on Feb 28 2015.

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made 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,

Melissa Byrne

From: OPRA, NJDOT

The New Jersey Department of Transportation (NJDOT) is in receipt of the attached request for records under the Open Public Records Act (OPRA).

This request is being forwarded to the appropriate Unit(s) to determine if records responsive to your request exist, and for further review of your request in light of the law governing OPRA requests and the Department of Transportation's document retention policies. If it is determined that any responsive records are located either in storage or in a remote facility, we will be in contact with you to request an extension of time.

If this request involves an extraordinary expenditure of time and effort, we will need to assess a special service fee and you will be advised of such. This will apply regardless of the method you wish to receive the records in addition to the copying cost.

Please address all your communications pertaining to this request directly to this email address. Thank you in advance for your patience, and we will be in contact with you.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

From: OPRA, NJDOT

Upon further review, this request is being denied on the basis that it is improper and over broad under the Open Public Records Act (OPRA) as per the attached official Closure Receipt. We require information to be more specific in order to identify the records you are seeking.

This decision is not considered to be a denial of access to documents. You may submit a new request for documents narrowing the scope, if necessary.

We look forward to assisting you with future requests.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

From: Melissa Byrne

I will narrow my request to all communications between the NJ State Department of Transportation and Bridgeton Police, Cumberland County Sheriff's Department, Vineland Police, Millville Police, and the City Bridgeton regarding and including the day of- the 2/28/15 protest in Bridgeton NJ regarding justice for Jerame Reid. This includes any emails, texts, or phone logs regarding the opening or closing of Route 49.

From: OPRA, NJDOT

The New Jersey Department of Transportation (NJDOT) is in receipt of the attached request for records under the Open Public Records Act (OPRA).

This request is being forwarded to the appropriate Unit(s) to determine if records responsive to your request exist, and for further review of your request in light of the law governing OPRA requests and the Department of Transportation's document retention policies. If it is determined that any responsive records are located either in storage or in a remote facility, we will be in contact with you to request an extension of time.

If this request involves an extraordinary expenditure of time and effort, we will need to assess a special service fee and you will be advised of such. This will apply regardless of the method you wish to receive the records in addition to the copying cost.

Please address all your communications pertaining to this request directly to this email address. Thank you in advance for your patience, and we will be in contact with you.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

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 April 6, 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: OPRA, NJDOT

Ms. Byrne:

In response to your request, we would like to assure you that your request is still in progress. The documents you are requesting have been identified, retrieved, and are under review for records specifically responsive to your request, and also in light of the Open Public Records Act laws and the Department of Transportation's document retention policies.

Therefore, the Department of Transportation requires an additional extension until May 6, 2015.

We will do our best to provide a response to you as quickly as possible. We thank you for your patience and assistance.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

From: OPRA, NJDOT

Ms. Byrne:

In response to your request, we would like to assure you that your request is still in progress. The documents you are requesting are under review for records specifically responsive to your request, and also in light of the Open Public Records Act laws and the Department of Transportation's document retention policies.

Therefore, the Department of Transportation requires an additional extension until May 20, 2015.

We will do our best to provide a response to you as quickly as possible. We thank you for your patience and assistance.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

From: Melissa Byrne

Hello,

Checking in since it is now May 22nd.

Best,

From: OPRA, NJDOT

Ms. Byrne:

We will follow up with you next week.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

From: OPRA, NJDOT

Ms. Byrne:

We will follow up with you next week.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

From: OPRA, NJDOT

Ms. Byrne:

We will follow up with you next week.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

From: OPRA, NJDOT

Ms. Byrne:

We will follow up with you next week.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

From: OPRA, NJDOT

Ms. Byrne:

We will follow up with you next week.

[Description: Description: http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]
OPRA Unit
NJDOT Custodian of Records
Office of Inspector General
Phone (609) 530-8045

From: OPRA, NJDOT

Dear Ms. Byrne:

This office is in receipt of your Open Public Records Act ("OPRA") request C96397 dated April 10, 2015, wherein you seek the disclosure of certain New Jersey Department of Transportation ("NJDOT") record information as follows:

All photos, videos, emails and text messages from the day of outrage protest planning and coverage on Feb 28 2015.

I will narrow my request to all communications between the NJ State Department of Transportation and Bridgeton Police, Cumberland County Sheriff's Department, Vineland Police, Millville Police, and the City Bridgeton regarding and including the date of the 2/28/15 protest in Bridgeton NJ regarding justice for Jerame Reid. This includes any emails, texts, or phone logs regarding the opening or closing of Route 49.

Please be advised that the portion of your request seeking "All photos, videos, emails and text messages from the day of outrage protest planning and coverage on Feb 28 2015" is overly broad and therefore improper under OPRA.

Government agencies are required to disclose only identifiable government records that are specifically described in the request. Gannett N.J. Partners v. Middlesex, 379 N.J. Super. 205, 212 (App. Div. 2005). Neither OPRA nor the common law countenances open ended searches of agency files. MAG Entm't, LLC v. Div. of Alcoholic Bev. Control, 375 N.J. Super. 534, 549 (App. Div. 2005) or permits a blanket request for every document an agency has on file on a topic. Bent v. Twp. of Stafford, 381 N.J. Super.30, 37 (App. Div. 2005). Moreover, OPRA does not require that custodians conduct research when responding to OPRA requests. See MAG Entm't, LLC, supra, 375 N.J. Super. at 546-49.

The NJDOT performed a search based on the more narrow criteria that you provided. There are no records responsive to this request. For the aforementioned reason stated above, your request is denied and is hereby closed, and the official Closure Receipt is attached.

Thank you for the opportunity to be of assistance.

Very truly yours,
Maria C. Jacobi
NJDOT Custodian of Records

From: Melissa Byrne

I'm confused. In your previous communication you said you found the documents and were reviewing them.

From: OPRA, NJDOT

Ms. Byrne:

The documents obtained were thoroughly reviewed, and were not responsive to your request based on the information provided.

Thank you.

From: Melissa Byrne

Okay.

I'd like the names of staff members who communicate with law enforcement agencies in Cumberland County so that way I can resubmit the request so that way it follows your guidelines.

I'm trying to find out at what time exactly and by whom from NJDOT the decision to re open 49 was made. This information does fit into the public domain.

Thank you
Melissa

From: OPRA, NJDOT

Dear Ms. Byrne:

This office is in receipt of your June 1 email following up on Open Public Records Act ("OPRA") request C96397. In your email, you stated:

I'd like the names of staff members who communicate with law enforcement agencies in Cumberland County so that way I can resubmit the request so that way it follows your guidelines.

I'm trying to find out at what time exactly and by whom from NJDOT the decision to re open 49 was made. This information does fit into the public domain.

Please be advised that your request constitutes a general request for information not for a specific identifiable record. "OPRA requires a party requesting access to a public record to specifically describe the document a public agency has on file." Gannett N.J. Partners*, L.P. v. County of Middlesex, 379 N.J. Super. 205, 212 (App. Div. 2005). OPRA does not consider "[w]holesale requests for general information" or general demands for "every document a public agency has on file." See MAG Entm't, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App. Div. 2005).

Notwithstanding this objection, attached are records responsive to the portion of your request regarding Route 49.

Thank you for the opportunity to be of assistance.

Very truly yours,

Maria C. Jacobi
NJDOT Custodian of Records

From: New Jersey Department of Transportation

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

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