Swedesboro OPRA Request Form

7/27/2019 Swedesboro OPRA Request Form

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BOROUGH OFSWEDESBORO

OPEN PUBLIC RECORDS ACT REQUEST FORM

1500 Kings Highway

Swedesboro, NJ 08085

Phone: 856.467.0202

Fax:856-467.5767

Important Notice

The last page of this form conta ins important i nformat ion re la ted to your r ights concerning government records. Please read it carefully

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Name MI Last Name

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mail Address

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Fees: Letterszepages-$ 0.05

State Zip perpage

Legal szepages-$ 0.07

ephone FAX perpage

Pick On-Site Other materials( CD, DV

Delivery: Up US Mail Inspect Fax E- mailetc)—ctual cost ofmate

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ouarerequesting recordscontaining persona information, peasecrceone: Under penalty oN.J.S.A. additional depending up

:28-3, I certify that I HAVE/ HAVENOT been convctedoany indictable ofenseunderthe laws oNew delivery type.

any oherstate, othe United States.Extras: Special service charge

Date dependent upon request

Request Information: Please be as specific as possible in describing th e record s be ing requested. Also, p le as e n ote th at your

method ofdeliverywill only be accommodated if th e custodian has the technological means and the integrity of the records will no

jeopardized by s uc h m e t ho d of delivery.

AGENCY USE ONLY AGENCY USE ONLY AGENCYUSE ONLY

Disposition Notes Tracking Information Final Cost

Document Cost Custodian: Ifany part orequestcannobeTracking#

Totaldelivered in seven businessdays,

Delivery Cost detail reasonshere. Recd Date Deposit

Ready Date Balance Due

Extras CostTotal Pages Balance Paid

Est. Cost Records Provided

Amount

mated Balance

DateIn Progress - Open

Denied Closed

Filled Closed

Partial Closed Custodian Signature Date



custodian may require a deposi t against costs for reproducing documents sought through an anonymous request whenever the custodthat the documents requested will cost in excess of$ 5 to reproduce.

a special service charge is warranted under OPRA, that amount wil l be communicated to yo u as required under th e statute. Y ou h

opportuni ty to review and object to the charge prior to it being incurred. If , however, you approve of the fact and amount of the spev ice charge, you m ay be required to pa y a deposit or p ay in full prior to reproduction o f t he documents.

FOR RECORDSOUR REQUEST F IS DENIED FORTHE FOLLOWING REASON( S):S

To be competedby the Custodian oRecords—check th e b ox of the numbered exemp tion ( s) as t he y a p pl y to th e records requested. I

mult ip le records ar e requested, be specif ic as to which exemption( s) apply to ea ch record . Response is due to requestor as soon aspossible, but no later thanseven business days.)

N.J.S.A. 47: 1A- 1 . 1

O Inter-agency or intra- agency advisory, consultat ive or deliberativeiberative materialLegislative records

O Law enforcement records:Medical examner photos

Criminal investigatory records ( however, N . J . S . A. 47 : 1 A - 3 . b . lists specific criminal investigatory information w hich m usdisclosed)

Victims' records

Tradesecrets and proprietary commercial or financial information

Any record within the attorney-client privilege

Administrative or technical information regarding computer hardware, software and networks which, if disc losed would jeoparcomputer security

Emergency or security information or procedures for any build ings or facility which, if disclosed, would jeopardize security ofbuilding or facility or persons therein

Security measures and surveil lance techniques which, i f disclosed, would create a ris k to t he safe ty or persons, property, electrdata or software

Information which, if disclosed, would give an advantage to competitors or bidders

dInformation generated by or o n behalf of public employers or public employees in connection withi A ny s e xu al harassment complaint f il ed w i th a pu b li c emp loy er0Any grievance filed by or against an employeeO Collective negotiations documents and statements of strategy or negotiating

8 Information that is a communication between a public agency and it s insurance carr ier, administ rative serv ice organizat ion ormanagemenofce

Information that is to be kept confidential pursuant to court order

Cert if icate of honorable discharge issued by the United States government( Form D D - 214) filed with a public agencySocial security numbersCredit card numbers

0'' nlisted telephone numbersDrivers' licensenumbers

0Certain records of higher education institutions:Research records

Questions or scores for exam for employment or academics

Charitable contribution information

Rare book collections gifted for limited access

I Admission applications

Student records, g r ievances o r d isc ip l ina ry p roceed ings revea ling a students' identif ication

B iotechno logy t rade sec re ts N . J. S.A. 4 7 : 1 A- 1 . 2

8

Convicts requesting their v ict ims' records N . J. S. A. 4 7 : 1A - 2. 2

O n g o i n g investigations of n o n - la w enforcement a g e n c i e s ( m u s t p ro v e disclosure is i n i m i c a l to th e public i n t e r e s t ) N . J . S . A. 4 7 : IA30 Public defender records N . J.S . A. 47: 1A-5.k.i' Upholds exemptions conta ined in other State or federa l s ta tu tes an d regulations, Executive Orders, Ru le s of Court, an d privile

created by State Constitution, statute, court rule or judicial case law N . J. S . A. 47 : 1A- 9Personnel an d pension records ( however, th e following information m ust be disclosed:

An individual' s name, title, position, salary, payroll record, length of service, date of separation and the reason forseparation, and the amount and type of any pension received

When required to be disclosed by another law, when disclosure is essential to the per formance of official duties of a peduly authorized by thi s S ta te or the US , or whe n authorized by an individual in interestData contained in information which disclose conformity with specific experiential, educational or medical qualificat

required for g ov ern m en t e m plo ym e nt or for re ce ip t of a public pension, but not including an y de taile d m edicapsychological information N . J.S.A. 47: 1A-10

N . J.S.A. 47: 1A-1

a public a g e n c y h a s a responsibility a n d a n obligation to s a f e g u a r d f r o m p u b lic a c c e s s a c i t i z e n ' s p e r s o n a l in f o r m a t io n w i t h w h i c hhas been enrustedwhendisclosure thereof woudvoatethe ctizens reasonabeexpectationoprivacy."



Burnett v. C o u nty o f Bergen, 19 8 N . J.. 4 0 8( 2 00 9) . Without ambigui ty , th e court held that th e pr ivacy prov is ion" is neither a prefacea preambe." Rather, " th e v er y l an g ua g e expressed in t he p r iv ac y clause reveals its substant ive nature; it does not offer reasonsOPRA was adopted, as preambes typically do; instead, it focuses onthe laws implementation." " Specifically, it imposes

obligation on public agencies to protect against disclosure of personal information which would run contrary to reasonable priv

interests."

Executive Order N o. 21 ( McGreevey 2002 )Records where inspect ion, examinat ion or copying wou ld subs tan tia ll y in te rfe re w ith th e S ta te 's ability to protect an d defendState and it s citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the riskconsequences ofpotential acts ofsabotage or terrorism

Records exempted fromdisclosure by State agencies' proposed rules.

Executive Order No. 26( McGreevey 2002)

0Certain records maintained b y the Office of the GovernorEl Resumes, appl icat ions for employment or other informat ion concerning job applicants whi le a recruitment search is ongoing0 ecords o f com p la in ts and investigations undertaken pursuant to the Model P roce du re s fo r Internal Complaints Alle

Discrimnation, Harassmentor Hostile Environments

0 Information relat ing to medical, psychiatric or psychological history, diagnosis, treatment or evaluation0 nformation in a personal income or other tax return

Information describ ing a natural person' s finances, income, assets, liabilities, ne t worth, bank balances, f inancial history or activior creditworthiness, except as otherwise required by law to be disclosed

0Test questions, scoring keys and other examination data perta in ing to t he admin is trat ion of an examination for publi c employmenlicensing

Records in th e p os se ss io n o f a no th e r d e pa rt me n t ( including N J Office o f I nfo rm a tio n T e c hn ol og y or S ta te Archives) w h en th

records ar e made confidentia l by regulation or E O 9.

Other Exemption(s) contained in a State statute, resolution of either or both House of the Legislature, regulation, Executive Orde

Rules o f C o u r t, an y federal l aw , federal regu la t ion or federal order pursuant to N . J. S. A. 4 7 : 1A- 9. a .Please provide detailed information r eg a rd in g t he e xe m p ti on fr om disclosure f or wh ich you are re ly ing to d e ny a cc es s to government recor

If multiple records are requested, be specific as towhich exemption(s) apply to each record.)

FOR RECORDS UNDERTHE COMMON LAW

in addition to requesting records under OPRA, you a re a ls o requesting the government records under the common law, please check thex below.

pub lic r ec ord unde r th e c ommon law is one requ ired by law to be kept, or necessary to be kept in the discharge of a duty imposed by la wby law to serve as a memorial and evidence of something wr it ten, said, or done, or a writ ten memor ial made by a public of

to pe rform tha t function, or a writing filed in a public off ice . The elements essential to constitute a p ub lic re cord a re that it bt ten memoria l, that it be made by a publ ic officer, an d t ha t t he officer be authorized by law to make it.

Yes, I am also requesting th e documents under common law.

t he i nfo rm a ti on r eq u es te d is a " pu b li c record " u nd e r c om m o n la w an d th e requestor has a l ega ll y recogn ized inte res t in th e subject main th e material, then the material must be disclosed if th e individual's r ight of access outweighs th e State' s interest in preven

lease set forth your interest in the subject matter contained in the requested material:

that an y c ha ll enge to a denial of a request fo r records under the common law cannot be made to the Government Recoas the Government Records Council only has jurisdiction to adudcate challenges to denials oOPRA requests.

aengeto the denialoaccessunderthe commonawcanbemadeby filing anactioninSuperior Court.



1 . All governmenrecordsaresubect to pubicaccessunder the Open Public Records Act ("OPRA"), unless specificall

exempt.

2. A request for access to a government re cord u nd er OPRA must be in writing, hand- delivered, mai led, transmitte

electronically, oroherwseconveyedto the appropriatecustodan N.J.S.A. 47: 1A-5. g . The seven ( 7 ) business da

responsetime does nocommenceunil the recordscustodanreceves the request form. If you submt the reques

form to any o ther o ff icer o r e m p lo ye e o f the N a m e of Agency, that officer or e m p lo ye e m u st e ith er fo rw a rd the requesto the appropriate custodian, or direct you to the appropriate custodian. N . J. S . A. 47: 1A-5 . h .

3. Requestors may submtrequestsanonymously. If you elect not to provide a name, address, or telephone number, o

other means of contact, the custodian is not required to respond until you reappear before the custodian seekingresponse to the original request.

4. The fees for duplication of a government record in printed form a re li st ed on th e front of this form. We wil l notify yo u o

any specia l serv ice charges or o the r addi ti onal charges authorized by S ta te la w or re gula tion be fore p roce ssing yourequest . Payment sha ll be made by cash, c he ck or m on ey order payable to th e Name ofAgency.

5. You may be chargeda50% oroherdeposit whena request forcopes exceeds $25. The Name of Agenc

custodian will contact you a nd advise you of any deposi t requi rements. You agree to pay the balance due upon deliverothe records. Anonymous requests in excesso$5.00 requrea deposit o100% of estimated fees.

6. Under OPRA, a cus tod ian m us t den y acces s to a person who has been convicted of an indictable offense in N ewJersey, any other state, or th e United States, and who is seeking government records conta in ing personal informationpertaining to the person' s victim or the victim' s family. This includes anonymous requests for said information.

7.

By law, the N a m e of Agency must notify you that it g ra nts o r d e nie s a r eq u es t fo r a cc es s to government records wi th iseven(7) business days after the agency custodano records receves the request. If the record requested is no

cur rent ly ava ilable or i s in storage, the cus todian w ill adv ise you w ith in seven ( 7 ) business days a fte r re ce ip t of threquest when the record can be made available and the estimated cost for reproduction.

8. You may be denied access to a government record if your reques t would substant ial ly disrupt agency operat ions anthe custodian is unable to reach a reasonable solution with you.

9. If the N a m e of Agency is unable to comply with your request for access to a government record, the custodian wiindicate the reasons for denial on th e request form or other written correspondence and send yo u a signed and date

copy.

1 0 . Except as o therw i se prov ided by law or by agreement with the requester, if th e a ge nc y c us tod ia n of re cord s fa ils trespond to you wi th in seven ( 7 ) business days of receiving a request, the failure to respond is a deemed denial o f yourequest.

1 1 . If your request for access to a government record has been denied or unfilled w ith in the se ve n ( 7) business dayrequired by law, you have a right to challenge the decision by the N a m e ofAgency to deny access. At your option, yomay either institute a proceeding in the Superior Court of N ew Jersey or file a complaint with the Government RecordCouncil ("GRC") by completing the Denial of Access Complaint Form. You may contact the G RC b y toll- f ree telephonP 9 p Y

at 866-850- 0511, by mail at PO Box 819, Trenton, N J, 08625, by e - mail at [email protected] .us, or at their w eb s ite awwwstate.nj.us/grc.The Council canasoansweroherquestionsabou the law. All questions regarding complaint

filed in Superior Cour t should be directed to th e Court Clerk in your County .

12. Information provdedon this formmay be subectto disclosure underthe Open Public Records Act.

Documents

Swedesboro OPRA Request Form