The Log of All OPRA Requests Made to the NJ MVC

Beryl Lipton filed this request with the Motor Vehicle Commission of New Jersey.
Tracking # C86454
Status
Rejected

Communications

From: Beryl Lipton

To Whom It May Concern:

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

A list of all requests filed with the New Jersey Motor Vehicle Commission under New Jersey's Open Public Records Act (OPRA) during the year 2013. For each request, the list should contain the identity of the requester, the date of the request, a description of the requested records, and the status of the request.

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 C.D. Lipton

From: Joseph Bruno

Please see attachment.


This email and any files transmitted with it are confidential and intended solely for the use of individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the Motor Vehicle Commission. Finally, the recipient should check this email and any attachments for the presence of viruses. The NJ Motor Vehicle Commission accepts no liability for any damage caused by any virus transmitted by this email.

From: Beryl Lipton

Hello Mr. Bruno,

Thank you for your response. I look forward to hearing from you in June!

Best,
Beryl

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 8, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #C86454.

Thank you for your help.

From: Joseph Bruno

Please see attachment.


This email and any files transmitted with it are confidential and intended solely for the use of individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the Motor Vehicle Commission. Finally, the recipient should check this email and any attachments for the presence of viruses. The NJ Motor Vehicle Commission accepts no liability for any damage caused by any virus transmitted by this email.

From: Joseph Bruno

The MVC's response was sent to you by e-mail on June 2, 2014.

>>> Beryl Lipton <requests@muckrock.com> 6/10/2014 11:44 AM >>>

June 10, 2014
Motor Vehicle Commission
ATTN: Legal & Regulatory Affairs
225 East State Street
P.O. Box 162
Trenton, NJ 08666-0162

This is a follow up to request number C86454:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 8, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #C86454.

Thank you for your help.

---

On May 21, 2014:

Hello Mr. Bruno,

Thank you for your response. I look forward to hearing from you in June!

Best,
Beryl

---

On May 19, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and intended solely for the use of individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the Motor Vehicle Commission. Finally, the recipient should check this email and any attachments for the presence of viruses. The NJ Motor Vehicle Commission accepts no liability for any damage caused by any virus transmitted by this email.

---

On May 8, 2014:

To Whom It May Concern:

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

A list of all requests filed with the New Jersey Motor Vehicle Commission under New Jersey's Open Public Records Act (OPRA) during the year 2013. For each request, the list should contain the identity of the requester, the date of the request, a description of the requested records, and the status of the request.

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 C.D. Lipton

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 11599
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.

From: Beryl Lipton

Hello Mr. Bruno,

Thank you for your response to my request for the Department of Motor Vehicle Commission's log of 2013 OPRA requests. I hope that you can please clarify the reasons for which the request has been rejected.

It seems as though the list of requests, their statuses, and the other basic data necessary for inventory and organizational purposes (the agency’s OPRA log) is a standard government public record. As such it should be available under OPRA. As indicated on page 7 of the New Jersey Open Public Records Act Handbook for Records Custodians, “All government records are subject to public access unless specifically exempt under OPRA or any other law.” I don’t see the record in question as being specifically exempted by the case to which you referred nor was it covered by the specific exemptions contained in OPRA; the exemption for “information which, if disclosed would give an advantage to competitors” does not seem to apply in this case.

Page six of the attached version of the case referred to in your response (Gannett N.J. Partners, LP v. Cnty. of Middlesex, 379 N.J. Super. 205, 212 (App. Div 2005)) includes the reasoning mentioned in your rejection, specifically that “‘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.’” My request for the OPRA log does not ask for the documents provided to another agency. It would not be reasonable to assume that by obtaining a list of requests one would be able to determine the nature of another party’s interest and purpose in requesting particular documents. The idea, it seems to me, is that by obtaining all of the primary documents requested by a third party, one could then determine the nature and scope, which may also be unreasonable attitude, though is not relevant in this matter. I think along those lines, the idea of “advantage to competitors” based on the release of the OPRA log is a stretch, particularly considering that the log should be publicly available to all.

If you could clarify these points, I would appreciate it. I understand that the appropriate channel of appeal would be the Government Records Council, but the chance to understand the reasoning for denial would be helpful for all.

Sincerely,

Beryl C.D. Lipton

From: Joseph Bruno

Mr. Lipton:

The response to your OPRA request, dated May 8, 2014, fully explained
the reasons why the request was denied."

>>> Beryl Lipton <requests@muckrock.com> 7/1/2014 6:22
PM >>>

July 1, 2014
Motor Vehicle Commission
ATTN: Legal & Regulatory Affairs
225 East State Street
P.O. Box 162
Trenton, NJ 08666-0162

This is a follow up to request number C86454:

Hello Mr. Bruno,

Thank you for your response to my request for the Department of Motor
Vehicle Commission's log of 2013 OPRA requests. I hope that you can
please clarify the reasons for which the request has been rejected.

It seems as though the list of requests, their statuses, and the other
basic data necessary for inventory and organizational purposes (the
agency’s OPRA log) is a standard government public record. As such it
should be available under OPRA. As indicated on page 7 of the New Jersey
Open Public Records Act Handbook for Records Custodians, “All
government records are subject to public access unless specifically
exempt under OPRA or any other law.” I don’t see the record in
question as being specifically exempted by the case to which you
referred nor was it covered by the specific exemptions contained in
OPRA; the exemption for “information which, if disclosed would give an
advantage to competitors” does not seem to apply in this case.

Page six of the attached version of the case referred to in your
response (Gannett N.J. Partners, LP v. Cnty. of Middlesex, 379 N.J.
Super. 205, 212 (App. Div 2005)) includes the reasoning mentioned in
your rejection, specifically that “‘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.’” My request for the OPRA
log does not ask for the documents provided to another agency. It would
not be reasonable to assume that by obtaining a list of requests one
would be able to determine the nature of another party’s interest and
purpose in requesting particular documents. The idea, it seems to me, is
that by obtaining all of the primary documents requested by a third
party, one could then determine the nature and scope, which may also be
unreasonable attitude, though is not relevant in this matter. I think
along those lines, the idea of “advantage to competitors” based on
the release of the OPRA log is a stretch, particularly considering that
the log should be publicly available to all.

If you could clarify these points, I would appreciate it. I understand
that the appropriate channel of appeal would be the Government Records
Council, but the chance to understand the reasoning for denial would be
helpful for all.

Sincerely,

Beryl C.D. Lipton

---

On June 10, 2014:

The MVC's response was sent to you by e-mail on June 2, 2014.

>>> Beryl Lipton <requests@muckrock.com> 6/10/2014 11:44
AM >>>

June 10, 2014
Motor Vehicle Commission
ATTN: Legal & Regulatory Affairs
225 East State Street
P.O. Box 162
Trenton, NJ 08666-0162

This is a follow up to request number C86454:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on May 8, 2014. Please let me
know when I can expect to receive a response, or if further
clarification is needed. You had assigned it reference number #C86454.

Thank you for your help.

---

On May 21, 2014:

Hello Mr. Bruno,

Thank you for your response. I look forward to hearing from you in
June!

Best,
Beryl

---

On May 19, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and
intended solely for the use of individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager. Please note that any views or opinions presented in this
email are solely those of the author and do not necessarily represent
those of the Motor Vehicle Commission. Finally, the recipient should
check this email and any attachments for the presence of viruses. The NJ
Motor Vehicle Commission accepts no liability for any damage caused by
any virus transmitted by this email.

---

On May 8, 2014:

To Whom It May Concern:

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

A list of all requests filed with the New Jersey Motor Vehicle
Commission under New Jersey's Open Public Records Act (OPRA) during the
year 2013. For each request, the list should contain the identity of the
requester, the date of the request, a description of the requested
records, and the status of the request.

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 C.D. Lipton

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 11599
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly
addressed (i.e., with the requester's name rather than MuckRock News)
requests might be returned by the USPS as undeliverable.

---

On June 10, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and
intended solely for the use of individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager. Please note that any views or opinions presented in this
email are solely those of the author and do not necessarily represent
those of the Motor Vehicle Commission. Finally, the recipient should
check this email and any attachments for the presence of viruses. The NJ
Motor Vehicle Commission accepts no liability for any damage caused by
any virus transmitted by this email.

---

On June 10, 2014:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on May 8, 2014. Please let me
know when I can expect to receive a response, or if further
clarification is needed. You had assigned it reference number #C86454.

Thank you for your help.

---

On May 21, 2014:

Hello Mr. Bruno,

Thank you for your response. I look forward to hearing from you in
June!

Best,
Beryl

---

On May 19, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and
intended solely for the use of individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager. Please note that any views or opinions presented in this
email are solely those of the author and do not necessarily represent
those of the Motor Vehicle Commission. Finally, the recipient should
check this email and any attachments for the presence of viruses. The NJ
Motor Vehicle Commission accepts no liability for any damage caused by
any virus transmitted by this email.

---

On May 8, 2014:

To Whom It May Concern:

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

A list of all requests filed with the New Jersey Motor Vehicle
Commission under New Jersey's Open Public Records Act (OPRA) during the
year 2013. For each request, the list should contain the identity of the
requester, the date of the request, a description of the requested
records, and the status of the request.

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 C.D. Lipton

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 11599
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly
addressed (i.e., with the requester's name rather than MuckRock News)
requests might be returned by the USPS as undeliverable.

From: Beryl Lipton

Hello,

Yesterday, the case Scheeler v. Office of the Governor, et. al. was settled in Mercer County Superior Court. The case was in regards to the denials of release of OPRA logs by New Jersey state agencies (as occurred with this request), and the court ruled in favor of the release of the records. (For reports regarding this ruling please see: https://www.aclu-nj.org/news/2014/07/21/judge-orders-christie-administration-release-records ; http://www.pressofatlanticcity.com/news/ap/new-jersey-judge-to-decide-if-opra-requests-are-public/article_e155754c-10c0-11e4-955f-001a4bcf887a.html?utm_content=buffer157e5&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer).

As indicated by this ruling, the denial that your agency provided me was unwarranted and I would appreciate the release of the requested material before any further undue inconvenience is incurred.

Thank you so much for your time and help,

Beryl C.D. Lipton

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 8, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #C86454.

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 8, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #C86454.

Thank you for your help.

From: Joseph Bruno

The State has filed a motion for a stay of Judge Jacobson's order in the
Scheeler case.

>>> Beryl Lipton <requests@muckrock.com> 7/22/2014 12:59
PM >>>

July 22, 2014
Motor Vehicle Commission
ATTN: Legal & Regulatory Affairs
225 East State Street
P.O. Box 162
Trenton, NJ 08666-0162

This is a follow up to request number C86454:

Hello,

Yesterday, the case Scheeler v. Office of the Governor, et. al. was
settled in Mercer County Superior Court. The case was in regards to the
denials of release of OPRA logs by New Jersey state agencies (as
occurred with this request), and the court ruled in favor of the release
of the records. (For reports regarding this ruling please see:
https://www.aclu-nj.org/news/2014/07/21/judge-orders-christie-administration-release-records
;
http://www.pressofatlanticcity.com/news/ap/new-jersey-judge-to-decide-if-opra-requests-are-public/article_e155754c-10c0-11e4-955f-001a4bcf887a.html?utm_content=buffer157e5&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer).

As indicated by this ruling, the denial that your agency provided me
was unwarranted and I would appreciate the release of the requested
material before any further undue inconvenience is incurred.

Thank you so much for your time and help,

Beryl C.D. Lipton

---

On July 15, 2014:

Mr. Lipton:

The response to your OPRA request, dated May 8, 2014, fully explained
the reasons why the request was denied."

>>> Beryl Lipton <requests@muckrock.com> 7/1/2014 6:22
PM >>>

July 1, 2014
Motor Vehicle Commission
ATTN: Legal & Regulatory Affairs
225 East State Street
P.O. Box 162
Trenton, NJ 08666-0162

This is a follow up to request number C86454:

Hello Mr. Bruno,

Thank you for your response to my request for the Department of Motor
Vehicle Commission's log of 2013 OPRA requests. I hope that you can
please clarify the reasons for which the request has been rejected.

It seems as though the list of requests, their statuses, and the other
basic data necessary for inventory and organizational purposes (the
agency’s OPRA log) is a standard government public record. As such
it
should be available under OPRA. As indicated on page 7 of the New
Jersey
Open Public Records Act Handbook for Records Custodians, “All
government records are subject to public access unless specifically
exempt under OPRA or any other law.” I don’t see the record in
question as being specifically exempted by the case to which you
referred nor was it covered by the specific exemptions contained in
OPRA; the exemption for “information which, if disclosed would give
an
advantage to competitors” does not seem to apply in this case.

Page six of the attached version of the case referred to in your
response (Gannett N.J. Partners, LP v. Cnty. of Middlesex, 379 N.J.
Super. 205, 212 (App. Div 2005)) includes the reasoning mentioned in
your rejection, specifically that “‘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.’” My request for the
OPRA
log does not ask for the documents provided to another agency. It
would
not be reasonable to assume that by obtaining a list of requests one
would be able to determine the nature of another party’s interest
and
purpose in requesting particular documents. The idea, it seems to me,
is
that by obtaining all of the primary documents requested by a third
party, one could then determine the nature and scope, which may also
be
unreasonable attitude, though is not relevant in this matter. I think
along those lines, the idea of “advantage to competitors” based on
the release of the OPRA log is a stretch, particularly considering
that
the log should be publicly available to all.

If you could clarify these points, I would appreciate it. I understand
that the appropriate channel of appeal would be the Government Records
Council, but the chance to understand the reasoning for denial would
be
helpful for all.

Sincerely,

Beryl C.D. Lipton

---

On June 10, 2014:

The MVC's response was sent to you by e-mail on June 2, 2014.

>>> Beryl Lipton <requests@muckrock.com> 6/10/2014
11:44
AM >>>

June 10, 2014
Motor Vehicle Commission
ATTN: Legal & Regulatory Affairs
225 East State Street
P.O. Box 162
Trenton, NJ 08666-0162

This is a follow up to request number C86454:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on May 8, 2014. Please let me
know when I can expect to receive a response, or if further
clarification is needed. You had assigned it reference number
#C86454.

Thank you for your help.

---

On May 21, 2014:

Hello Mr. Bruno,

Thank you for your response. I look forward to hearing from you in
June!

Best,
Beryl

---

On May 19, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and
intended solely for the use of individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager. Please note that any views or opinions presented in
this
email are solely those of the author and do not necessarily represent
those of the Motor Vehicle Commission. Finally, the recipient should
check this email and any attachments for the presence of viruses. The
NJ
Motor Vehicle Commission accepts no liability for any damage caused by
any virus transmitted by this email.

---

On May 8, 2014:

To Whom It May Concern:

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

A list of all requests filed with the New Jersey Motor Vehicle
Commission under New Jersey's Open Public Records Act (OPRA) during
the
year 2013. For each request, the list should contain the identity of
the
requester, the date of the request, a description of the requested
records, and the status of the request.

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 C.D. Lipton

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 11599
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly
addressed (i.e., with the requester's name rather than MuckRock News)
requests might be returned by the USPS as undeliverable.

---

On June 10, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and
intended solely for the use of individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager. Please note that any views or opinions presented in
this
email are solely those of the author and do not necessarily represent
those of the Motor Vehicle Commission. Finally, the recipient should
check this email and any attachments for the presence of viruses. The
NJ
Motor Vehicle Commission accepts no liability for any damage caused by
any virus transmitted by this email.

---

On June 10, 2014:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on May 8, 2014. Please let me
know when I can expect to receive a response, or if further
clarification is needed. You had assigned it reference number
#C86454.

Thank you for your help.

---

On May 21, 2014:

Hello Mr. Bruno,

Thank you for your response. I look forward to hearing from you in
June!

Best,
Beryl

---

On May 19, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and
intended solely for the use of individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager. Please note that any views or opinions presented in
this
email are solely those of the author and do not necessarily represent
those of the Motor Vehicle Commission. Finally, the recipient should
check this email and any attachments for the presence of viruses. The
NJ
Motor Vehicle Commission accepts no liability for any damage caused by
any virus transmitted by this email.

---

On May 8, 2014:

To Whom It May Concern:

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

A list of all requests filed with the New Jersey Motor Vehicle
Commission under New Jersey's Open Public Records Act (OPRA) during
the
year 2013. For each request, the list should contain the identity of
the
requester, the date of the request, a description of the requested
records, and the status of the request.

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 C.D. Lipton

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 11599
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly
addressed (i.e., with the requester's name rather than MuckRock News)
requests might be returned by the USPS as undeliverable.

---

On July 1, 2014:

Hello Mr. Bruno,

Thank you for your response to my request for the Department of Motor
Vehicle Commission's log of 2013 OPRA requests. I hope that you can
please clarify the reasons for which the request has been rejected.

It seems as though the list of requests, their statuses, and the other
basic data necessary for inventory and organizational purposes (the
agency’s OPRA log) is a standard government public record. As such it
should be available under OPRA. As indicated on page 7 of the New Jersey
Open Public Records Act Handbook for Records Custodians, “All
government records are subject to public access unless specifically
exempt under OPRA or any other law.” I don’t see the record in
question as being specifically exempted by the case to which you
referred nor was it covered by the specific exemptions contained in
OPRA; the exemption for “information which, if disclosed would give an
advantage to competitors” does not seem to apply in this case.

Page six of the attached version of the case referred to in your
response (Gannett N.J. Partners, LP v. Cnty. of Middlesex, 379 N.J.
Super. 205, 212 (App. Div 2005)) includes the reasoning mentioned in
your rejection, specifically that “‘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.’” My request for the OPRA
log does not ask for the documents provided to another agency. It would
not be reasonable to assume that by obtaining a list of requests one
would be able to determine the nature of another party’s interest and
purpose in requesting particular documents. The idea, it seems to me, is
that by obtaining all of the primary documents requested by a third
party, one could then determine the nature and scope, which may also be
unreasonable attitude, though is not relevant in this matter. I think
along those lines, the idea of “advantage to competitors” based on
the release of the OPRA log is a stretch, particularly considering that
the log should be publicly available to all.

If you could clarify these points, I would appreciate it. I understand
that the appropriate channel of appeal would be the Government Records
Council, but the chance to understand the reasoning for denial would be
helpful for all.

Sincerely,

Beryl C.D. Lipton

---

On June 10, 2014:

The MVC's response was sent to you by e-mail on June 2, 2014.

>>> Beryl Lipton <requests@muckrock.com> 6/10/2014 11:44
AM >>>

June 10, 2014
Motor Vehicle Commission
ATTN: Legal & Regulatory Affairs
225 East State Street
P.O. Box 162
Trenton, NJ 08666-0162

This is a follow up to request number C86454:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on May 8, 2014. Please let me
know when I can expect to receive a response, or if further
clarification is needed. You had assigned it reference number #C86454.

Thank you for your help.

---

On May 21, 2014:

Hello Mr. Bruno,

Thank you for your response. I look forward to hearing from you in
June!

Best,
Beryl

---

On May 19, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and
intended solely for the use of individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager. Please note that any views or opinions presented in this
email are solely those of the author and do not necessarily represent
those of the Motor Vehicle Commission. Finally, the recipient should
check this email and any attachments for the presence of viruses. The NJ
Motor Vehicle Commission accepts no liability for any damage caused by
any virus transmitted by this email.

---

On May 8, 2014:

To Whom It May Concern:

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

A list of all requests filed with the New Jersey Motor Vehicle
Commission under New Jersey's Open Public Records Act (OPRA) during the
year 2013. For each request, the list should contain the identity of the
requester, the date of the request, a description of the requested
records, and the status of the request.

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 C.D. Lipton

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 11599
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly
addressed (i.e., with the requester's name rather than MuckRock News)
requests might be returned by the USPS as undeliverable.

---

On June 10, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and
intended solely for the use of individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager. Please note that any views or opinions presented in this
email are solely those of the author and do not necessarily represent
those of the Motor Vehicle Commission. Finally, the recipient should
check this email and any attachments for the presence of viruses. The NJ
Motor Vehicle Commission accepts no liability for any damage caused by
any virus transmitted by this email.

---

On June 10, 2014:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request,
copied below, and originally submitted on May 8, 2014. Please let me
know when I can expect to receive a response, or if further
clarification is needed. You had assigned it reference number #C86454.

Thank you for your help.

---

On May 21, 2014:

Hello Mr. Bruno,

Thank you for your response. I look forward to hearing from you in
June!

Best,
Beryl

---

On May 19, 2014:

Please see attachment.


This email and any files transmitted with it are confidential and
intended solely for the use of individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager. Please note that any views or opinions presented in this
email are solely those of the author and do not necessarily represent
those of the Motor Vehicle Commission. Finally, the recipient should
check this email and any attachments for the presence of viruses. The NJ
Motor Vehicle Commission accepts no liability for any damage caused by
any virus transmitted by this email.

---

On May 8, 2014:

To Whom It May Concern:

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

A list of all requests filed with the New Jersey Motor Vehicle
Commission under New Jersey's Open Public Records Act (OPRA) during the
year 2013. For each request, the list should contain the identity of the
requester, the date of the request, a description of the requested
records, and the status of the request.

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 C.D. Lipton

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 11599
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly
addressed (i.e., with the requester's name rather than MuckRock News)
requests might be returned by the USPS as undeliverable.

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