Open Public Records Act-Request

Dear Ms. Parker:
Thank you for submitting your request for government records of Rutgers, The State University of New Jersey. Your request has been received and is being processed in accordance with the New Jersey Open Public Records Act (OPRA), NJSA 47:1 et seq. Your request was received through the online, public portal Rutgers University Open Public Records Center of this office on 11/22/2020 and given the reference number R006330-112220.

Your request will be forwarded to the Office of the Custodian of Records for review and processing, including determining the volume of responsive documents and any potential costs associated with satisfying your request. Please note, the N.J. Open Public Records Act does not require the University to create new documents, to conduct research, or to answer questions for information.

Records Requested: Dear Sir / Madam,

I am writing to ask for your help with a request under the Open Public Records Act P.L. 2001, CHAPTER 404 N.J.S. 47:1A-1 et seq.

Would it be possible for you to send me a copy of any records that would show some or all of the following information:

1. A list of ALL types of alternative asset investments, including private equity, venture capital, distressed debt, mezzanine, fund of funds, infrastructure, natural resources, real estate and private debt partnerships in which Rutgers University Endowment is an investor; and
2. For each partnership, may I please have a copy of any alternative assets investment records that would show some or all of the following information:

a. Rutgers University Endowment's total commitment to the partnership,
b. the total contributions made by Rutgers University Endowment to the partnership to June 30, 2020,
c. the total distributions received by Rutgers University Endowment from the partnership to date June 30, 2020,
d. the estimated current value of Rutgers University Endowment's holding in the partnership, and
e. any available estimates of the IRR earned by Rutgers University Endowment to date on its investment in the partnership.

In addition to this could you please provide me with an up to date account of your current asset allocations in the above asset classes including any direct investments you may have.

Thank you very much for your attention to this request. I have attached an example of the type of information we are hoping to receive.

In the event that Rutgers University Endowment has no such investments, a simple note to this effect will suffice. I understand that I may be charged for the cost of the copies requested, and agree to pay these charges.

Please send the requested records via e-mail to foia@preqin.com.

Thank you again for your attention to this request.

Yours faithfully,

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
The Office of the Custodian of Records uses the Rutgers University Open Public Records Center to communicate with you, respond to and track all open public records requests.  If you have submitted your request electronically through Rutgers Open Public Records Center portal, you have already been required to create an account.

Notice to First Time Portal Users:
If you are a first time user and did not submit your request through the public portal, you are receiving this request because the Rutgers Office of the Custodian has created an account for you at the Rutgers University Open Public Records Center .
To access your account and view your request:

1.Go to: 2. Select/open  "My Records Center" Rutgers University Open Public Records Center.
3. Enter your email and password as provided in your previously received Welcome Letter.

Thank you and if you have questions, you  may contact the OPRA Administrator at (973) 972-1981.

Rutgers, The State University of New Jersey
University Custodian of Records
Office of Enterprise Risk Management, Ethics and Compliance
65 Bergen Street, Ste. 1346
Newark, New Jersey 07101-1709
Phone: (973) 972-1981
Fax: (973) 972-2396

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request,  # R006330-112220
Dear Ms. Parker,
Please accept this letter as the University Custodian of Records response to your request for records pursuant to the Open Public Records Act (“OPRA”). On November 22, 2020, this office received your request for the following:
“Dear Sir / Madam,

I am writing to ask for your help with a request under the Open Public Records Act P.L. 2001, CHAPTER 404 N.J.S. 47:1A-1 et seq.

Would it be possible for you to send me a copy of any records that would show some or all of the following information:

1. A list of ALL types of alternative asset investments, including private equity, venture capital, distressed debt, mezzanine, fund of funds, infrastructure, natural resources, real estate and private debt partnerships in which Rutgers University Endowment is an investor; and
2. For each partnership, may I please have a copy of any alternative assets investment records that would show some or all of the following information:

a. Rutgers University Endowment's total commitment to the partnership,
b. the total contributions made by Rutgers University Endowment to the partnership to June 30, 2020,
c. the total distributions received by Rutgers University Endowment from the partnership to date June 30, 2020,
d. the estimated current value of Rutgers University Endowment's holding in the partnership, and
e. any available estimates of the IRR earned by Rutgers University Endowment to date on its investment in the partnership.

In addition to this could you please provide me with an up to date account of your current asset allocations in the above asset classes including any direct investments you may have.

Thank you very much for your attention to this request. I have attached an example of the type of information we are hoping to receive.

In the event that Rutgers University Endowment has no such investments, a simple note to this effect will suffice. I understand that I may be charged for the cost of the copies requested, and agree to pay these charges.

Please send the requested records via e-mail to foia@preqin.com.

Thank you again for your attention to this request.

Yours faithfully,

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
The University has reviewed your request and are denying same as overly broad. OPRA provides access to “identifiable” government records that are not otherwise exempt. New Jersey courts have held that a request under OPRA must specifically describe the document sought. “A proper request for access to government records must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency’s documents.” Bent v. Stafford Police Department, 381 N.J. Super. 30, 38 (App. Div. 2005). A blanket request for a class of various documents is not a request for specific identifiable documents, and a custodian is not required to conduct research to locate records potentially responsive to a request. See Elcavage v. West Milford Twp., GRC Complaint No. 2006-64 (May 28, 2008). Moreover, OPRA does not require a custodian to conduct research or an agency to expend “indisputably limited agency resources to sift through the [agency's] vast files and identify, analyze and select potentially relevant and responsive public records.” Spectraserv v. Middlesex County Utilities Authority, 416 N.J. Super. 565, 578 (App. Div. 2010), Burnett v. Gloucester County, 415 N.J. Super. 506, 515 (App. Div. 2010). Nor does OPRA require an agency to analyze, collate and compile records in order to respond to a request. MAG Entertainment v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App. Div. 2005). “In short, OPRA does not countenance open-ended searches of an agency’s files.” Id. at 549.
You may clarify your request or submit narrower search terms by including a time frame, or specifying precisely what records you are seeking. Please see the following link for information regarding investment holdings at the University: https://investment.rutgers.edu/holdings. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFinT5MYv-2FwUmTf9dAdRGfk2WbsOF5VGNpLwqWClXRBMXr0lN_wK-2FH1xq7UZG9JtKrsxhnABKX8mg9paoFeST2zY8yKKtgOsMTRox9Qgv1RstCNNv8v2by3p9dWhy-2FieBuTq2KqwewPoFMogTLkZaLm8MLD0x6LgBP8VaZMPrJkmr-2F7d4jQ5tgcQrVw7v54PiJMa7jQNSvWUNB2Jw-2FrC9IoMwhE1WnMWRcU706oYcw9c7FFtpa5FWtRWd0V20NUdquozaU-2FGa-2FyV3EJ-2FX7FmXKXULXWvX4N1r9zDJp-2FuGKcSGjZAYAXSLFhuibwPaWmD9mEZe95muVCLzzxiRcwTEDjwBYg63ze3PpNOoS5OWdc68n-2F-2BxJ6-2FqaDl0qjCBeh4hcBeORqXi2zRo1yNx3wWyWP8Gn5GOYOmfHzyzMdLqGXl0EDK6UnLZ3Gh0ryh5elWR9d39vFw-3D-3D)
If your request has been denied, you may take your appeal to the New Jersey Government Records Council (NJGRC), which has mediation and dispute resolution procedures, or you may file a lawsuit with the New Jersey Superior Court, as provided by N.J.S.A. 47:1A-1, et seq. Your rights of appeal is provided with this letter at Public Facing Pages of the Rutgers University Open Public Records Request Center . You may also review the brochure at the Rutgers Custodian of Records page or visit the NJGRC page.

If you have any questions, please contact my office at 973.972.1981.
Sincerely,
Jewell Battle
University Custodian of Records
Rutgers, The State University of New Jersey
973.972.1981