New Jersey FOIA officers
| Submitted | Jan. 4, 2013 |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
Pursuant to Open Public Records Act ("OPRA"), I hereby request the following records:
A list of the names, addresses, phone number, fax numbers, and email addresses of all of New Jersey FOIA/OPRA/open meetings officers.
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,
Shawn Musgrave
From: Caruso, Frank
Mr. Musgrave,
The GRC received your request dated January 4, 2013 on January 7, 2013.
Your request appears to reference the Freedom of Information Act ("FOIA"), a federal law applying only to federal agencies. The GRC also notes that you do mention the Open Public Records Act ("OPRA") in the body of your request.
Thus, the GRC requests that you clarify if you are making your request below pursuant to OPRA.
Sincerely,
Frank F. Caruso
Senior Case Manager
State of New Jersey
Government Records Council
tel: 609-292-7932 | fax: 609-633-6337
This correspondence contains advisory, consultative and deliberative material
and is intended solely for the person(s) shown as recipient(s).
From: Shawn Musgrave
Hello,
Yes, I am making this request pursuant to OPRA.
Thank you for your help.
Best,
Shawn Musgrave
MuckRock
From: Caruso, Frank
Good afternoon,
Thank you for your prompt response. The GRC will thus proceed consistent with the provisions of OPRA.
After reviewing your OPRA request, he GRC is in need of additional clarification. Specifically, please clarify whether you are seeking a list of State agency OPRA custodians or a list of all custodians for all public agencies in the State.
Please further be advised that the GRC has no lists for FOIA custodians or "open meetings officers." Therefore, no records responsive to this portion of the request exist.
Additionally, you have requested any responsive records to be e-mailed to you free of charge. The GRC will attempt to accommodate this method of delivery and further advises that it has previously decided that the cost of transmission of records electronically is likely $0.00. Thus, there will be no charge if the GRC is able to provide you records electronically.
Please reply at your earliest convenience providing clarification.
Sincerely,
Frank F. Caruso
Senior Case Manager
State of New Jersey
Government Records Council
tel: 609-292-7932 | fax: 609-633-6337
This correspondence contains advisory, consultative and deliberative material
and is intended solely for the person(s) shown as recipient(s).
From: Shawn Musgrave
Mr. Caruso:
Thank you for your assistance. I am seeking a list of all custodians for all public agencies in the State.
Best,
Shawn Musgrave
MuckRock
From: Caruso, Frank
Mr. Musgrave,
The GRC is providing you with three (3) records in response to your January 4, 2013 OPRA request.
The first record is the most recent list of State agency custodians. You will note that this list is dated January 10, 2013. Although the GRC is under no obligation to provide a record that came into existence after the date of an OPRA request pursuant to Matthews v. Englewood Public Schools, Board of Education (Bergen), GRC Complaint No. 2008-134 (Interim Order dated September 30, 2009) at pg. 5, the GRC is providing same because its previous list was severely outdated.
The second record is a 2012 list of custodians for each individual division within the NJ Dept. of Treasury.
The third and final list is a scanned file containing the pages of the NJ League of Municipalities 2012 municipal directory. Each listing contains the name and contact information for the municipal clerk. OPRA provides that " 'Custodian of a government record' or 'custodian' means in the case of a municipality, the municipal clerk ... " N.J.S.A. 47:1A-1.1. In most instances, this holds true. However, there may be some exceptions as certain municipalities have designated other employees to be custodians for individual departments. As an example, the GRC has, in the past, adjudicated complaints where the custodian was a member of a police department. See Paff v. Township of Berkeley Heights (Union), GRC Complaint No. 2007-271 (November 2008).
These three (3) records are all the lists that the GRC maintains. Unfortunately, it is possible that there are many other public or quasi-public agencies in the State that are subject to OPRA or that have multiple custodians. However, the GRC does not have a complete list of every custodian in the State.
The above response addresses all records you requested in your e-mail received by the GRC on January 7, 2013.
Sincerely,
Frank F. Caruso
Senior Case Manager
State of New Jersey
Government Records Council
tel: 609-292-7932 | fax: 609-633-6337
This correspondence contains advisory, consultative and deliberative material
and is intended solely for the person(s) shown as recipient(s).
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