GRC Complaint No. 2016-31 Harry B. Scheeler, Jr. v New Jersey Department of Transportation

8/20/2019 GRC Complaint No. 2016-31 Harry B. Scheeler, Jr. v New Jersey Department of Transportation

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GRC Use Only

New Jersey Government Records Council

Denial of Access ComplaintPlease read these instructions before completing this form: This form is to be used only for claims of denial of access to government records that you want the Government Records Counc

(GRC) to decide. Your request must have been made on or after July 8, 2002 under “OPRA,” the Open Public Records A

(N.J.S.A. 47:1A-1 et seq.).

Please print or type your responses, and provide ALL information requested. Incomplete forms will delay processing. This form

available in downloadable format from the GRC web site at www.nj.gov/grc.

Only one complaint is required for each OPRA request form, regardless of the number of documents sought in the request.

The GRC recommends that you keep a copy of this complaint for your own files.

MAIL, FAX, OR E-MAIL THIS COMPLAINT AND ALL SUPPORTING DOCUMENATION TO:

Government Records CouncilPO Box 819

Trenton, NJ 08625-0819

Fax: (609) 633-6337E-mail: [email protected]

1. About the Requester of the Records:

Full Name:

Mailing Address:

City: State: ZIP

Please provide a phone number at which GRC staff can contact you

between 8 A.M.-5 P.M., Monday-Friday:

Fax Number: _______________________________

E-Mail Address: ____________________________________________________

If you are represented by an attorney in this matter, please provide:

Name: Phone Number:

Address: _______________________________________ Fax Number: ________________________

E-mail Address: _________________________________

If you are an attorney who requested records and are filing this complaint on behalf of a client, please state the client’s name:

_________________________________________________________________________________

2. About the Custodian of Records:

Name of the public agency from which records were requested:

Name of custodian on whom records request was submitted:

Telephone Number: E-Mail address (if used):

Name of custodian who denied records request

(if different from above):

Telephone Number: ____________________ E-Mail address (if used): _____________________________

Fax Number:

Harry B. Scheeler, Jr.

[email protected]

New Jersey Department of Transportation

OPRA Central

[email protected]


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GRC Denial of Access Complaint

GRC Use Only

3. About the Record Request:

Date your records request was provided to the custodian: ___________________________________________

Did you receive a reply to your request? Yes No

If so, state the date your request was denied: ________________________________________

Have you previously filed a complaint with the GRC concerning the record request that is subject of this complaint?

Yes No

If yes, provide the GRC complaint number and a copy of the GRC decision in the matter.

Date: _____________ Complaint No.: _________________

Have you spoken with or written to the GRC about the record request that is subject of this complaint?

Yes Date: ____ NoHave you filed an action in the N.J. Superior Court concerning the record request that is subject of this complaint?

No Yes If Yes, Docket Number: ______

4. Offer of Mediation (please refer to the attached documents for details):

Are you interested in participating in mediation? Yes No

5. Documents to submit with this Form:

Complete the attached Records Denied List to describe the records to which you were denied access.

Attach a copy of the OPRA Records Request form you filed with the public agency and any correspondence

between you and the record custodian(s) or custodial agency staff that concern the portion of your OPRA

request that was denied. Be sure to include any e-mail, memoranda, phone messages, or any other documentssuch as affidavits, or certifications related to the request and the denial.

Summarize the facts of this complaint by writing the content, time and date of any interaction you had with the

custodian regarding the OPRA records request that is the subject of this complaint. Use the attached DetailSummary for this purpose.

Provide any legal arguments, allegations or other information you would like the GRC to consider in deciding

this complaint. Use the attached Detail Summary for this purpose.

Sign the Agreement to Mediate if you wish to participate in the mediation process.

6. Verification of Complaint:

By signing this complaint, I affirm that:

I am the person who submitted the OPRA request for records which is the subject of this Complaint;

The information I have provided is true to the best of my knowledge and belief;

The documents submitted with this Complaint are true copies of material which I believe is relevant to my

claim;

I am not seeking disclosure of any personal information pertaining to the victim of any crime committed by me,which is an indictable offense under the laws of the State of New Jersey, or any other State, or pertaining to the

family of that victim; and

I am simultaneously providing a copy of this complaint to the Custodian of Records.

______________________ ________________

Signature (required) Date

11/9/15

X

12/3/15

X

X

X

X

Harry B. Scheeler, Jr. 1/20/16


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Denial of Access Complaint 3

New Jersey Government Records CouncilDenial of Access Complaint - Detail Summary

Use this form to summarize the content, time and date of any conversations regarding this complaint,along with the names of the participants and any witnesses.

See attached.


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New Jersey Government Records CouncilDenial of Access Complaint – Records Denied List

Name of Complainant: ___________________ ______________________ This is pa ge _____ of __ ___.

Please fill out this form describing the record (or portion of it) to which access has been denied, the response to your request, including the reason

given for denial of access. Submit additional pages if necessary.

Item # Description of record (or portion) Response to request

Harry B. Scheeler, Jr. 1 1

1 Letters of emails requesting an extension of OPRA

request.

Provided 1/20/16


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Using Mediation to Resolve Complaints

The Mediation Option

The New Jersey Government Records Council offers mediation to resolve disagreements arising from arequest for government records. A trained, neutral mediator is available to assist the parties – the

person who was allegedly denied access to a government record and the custodian who allegedly

denied access -- reach a mutually acceptable resolution to their differences.

What is Mediation?

Mediation is an informal, non-adversarial, voluntary problem-solving process. The purpose of themediation is to:

i. Promote discussion between the parties,

ii. Assist parties to develop and exchange pertinent information and data concerningthe issues in dispute, and

iii. Assist parties to develop proposals that will enable them to arrive at a mutuallyacceptable outcome.

The mediator is an impartial, third party whose purpose is to help frame the issues, focus discussion,clarify points of agreement and disagreement, and assist parties in considering options to resolve the

dispute. The mediator is not a judge and has no authority to determine the merits of the complaint orthe outcome of the mediation, nor does a mediator act as an advocate for any party to the dispute.Ultimately, the parties control whether and how the dispute is resolved.

Features of Mediation:

Voluntary - Both parties must agree to participate in mediation. Any party to the mediation may

withdraw at any time by notifying the mediator and all other parties involved. The mediator can alsoterminate the process at any point if it appears that further mediation would be unproductive

Settlement, too, is entirely voluntary. If a settlement is reached, however, the mediator will assist theparties in putting their agreement into written form. Once all parties sign a Mediation Settlement

Agreement, it becomes binding and all parties are obligated to fulfill the promises made in the

Agreement.

Confidential - Information that is disclosed in the course of mediation and not otherwise obtainable is

confidential, for settlement purposes only, and cannot be used in any future proceeding unlessexpressly agreed to by the parties. Records of the proceeding - stenographic, electronic or otherwise -

will be maintained in a confidential file pursuant to the Uniform Mediation Act (N.J.S.A. 2A:23C-1 eseq). Parties will not be bound by anything said or done in mediation unless and until there is a

written Mediation Settlement Agreement.

Informal - Mediation is not a legal proceeding. There will be no testimony or witnesses, and rules o

evidence do not apply. Rather, mediation is informal and aimed at reaching terms agreeable to bot

parties.

Why Consider Mediation?

No cost - Mediation is free to both parties. If both parties agree to try mediation, there is no obligatio

for the custodian to formally respond to the complaint, or for the person requesting records to prepartestimony.

Prompt, convenient and private - Mediation takes place at a mutually agreed upon time and placethe mediation session is a private, informal discussion.

No representation necessary - Although the parties may each bring a legal representative. It

essential however, that participants in the mediation have decision-making authority, that is, the abilit

to commit to a settlement, or in the case of the custodian, to obtain such authority by telephone.


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Parties control the outcome - Parties negotiate the terms that meet their interests. Parties will no

be bound by anything said or done at the mediation unless a Mediation Settlement Agreement is signed

In addition, parties do not waive any of their rights by coming to mediation, nor will they be sanctione

for not participating or not reaching agreement.

How does Mediation Work?Once both parties sign the Agreement to Mediate, a mediator will contact the parties to conduct aninitial conference call to describe the mediation process, to identify the people with decision-making

authority who need to be present at the mediation session, to provide the mediator with a brieoverview of the issues, and to schedule the mediation. It is the responsibility of each party to notifytheir legal representative, if any, of the pending mediation session.

The mediator opens the mediation session by describing his or her role as an impartial, third

party and explaining the mediation procedure. Each party then will have an opportunity todiscuss issues of concern. The mediator will meet jointly and separately with the parties tofurther the exchange of information, to help parties understand one another’s perspective

and to explore settlement options.

If settlement is reached, the terms of the agreement will be reduced to writing and signed by theparties. A copy of the Mediation Settlement Agreement is given to each party. If there is noagreement, the matter will be referred for adjudication by the GRC.

Who is the Mediator?

The GRC provides mediation services to promote the use of means other than litigation to resolvedisputes affecting the public interest. The Mediator is an attorney well versed in the Open Public

Records Act and is professionally trained in dispute resolution.

For more information

For more information about mediation or if you have any questions please contact:

New Jersey Government Records Council

101 South Broad Street

PO Box 819Trenton, NJ 08625-0819

Phone: (609) 292-6830Fax: (609) 633-6337

Web: www.nj.gov/grc


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New Jersey Government Records Council Agreement to Mediate

GRC Complaint No. 20XX-XX

By participating in mediation, I/we agree:. To engage in a good faith effort to resolve the above referenced complaint filed with the Government Records Counci

(“GRC”) concerning access to records or related matters described in the Complaint;

. That I will abide by any procedural rules set forth by the mediator. Such rules may include the establishment of a timetable focompletion of mediation and/or phases of the mediation, a requirement that the parties periodically reduce settled issues to

writing, a requirement that the parties personally meet with the mediator at a mutually convenient time and place and suchother reasonable procedural rules deemed by the mediator to facilitate the mediation process.

. That all discussions and documents arising during mediation are confidential unless otherwise legally obtainable. Documentprovided in mediation cannot be used in a GRC hearing or appeal from a GRC determination unless those documents arepublic records or the party with control over the documents consents to their use in such a proceeding. Conversations withthe mediator or with the other party during mediation will not constitute statements that can be used in a later GRC hearing or

appeal from a GRC determination;. That I will not subpoena the mediator to testify or to produce any mediation materials whatsoever following the mediation. I

acknowledge that the mediator will not testify on behalf of any party in any pending or future administrative or judicialproceeding, or disclose any information obtained during mediation unless the parties expressly consent to such disclosure, orunless law or court order requires disclosure. I further agree that the mediator will be held harmless for any claim arising fromthe mediation process;

. That the mediation session will not be recorded (either video or audio) and that no transcript of the session will be produced;

. That the mediator will not decide who is right or wrong, and that I shall not ask the mediator to act as my advocate. Iacknowledge that the mediator will try to help the parties reach their own resolution of this dispute by encouraging discussionhowever, if the mediator determines that the mediation process is no longer productive the mediator may unilaterallyterminate said mediation and refer the matter back to the GRC for further processing;

. That when a settlement is reached, it shall be put in writing and signed, and shall be binding upon all parties to the agreement A copy shall be provided to the GRC. If the complaint is not resolved during mediation, the complaint will be transferred tothe GRC for further processing.

The parties to this agreement, whose names and signatures appear below, are the only persons authorized to participate in themediation process. The principal’s representative, if any, affirms that he/she is authorized to act by, and on behalf of, theprincipal.

YES, I want to participate in mediation. NO, I do not want to participate in mediation.

______________________________________________________________________________ Name of Principal (Please Print) Signature Date

I am the Complainant I am the Custodian

_____________________________________________________________________________________ Name of Legal Representative (Please Print) Signature Date

_____________________________________________________________________________________ Name of Representative (Please Print) Signature Date

X

X

Harry B. Scheeler, Jr. Harry B. Scheeler, Jr. 1/20/16


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Summery

On November 9, 2015 I submitted a request via OPRA central for all emails or letters sent to an

OPRA requestor which imposed an extension.

On 11/10/15 the custodian who did not identify themselves emailed requesting an extension until

December 3, 2015.

“ 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. Note that any

existing records may be located off-site or in a storage facility, and therefore, we will require an

extension until December 3, 2015.

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.”

On 12/3/15 the custodian failed to respond to the request.

On 12/17/15 the custodian emailed that the “your request is still in progress” and stated the

records would be provided by 12/31/15.

On 12/31/15 the custodian emailed stating the request was “still in progress” and stated the

records would be released by 1/21/16.

On 1/20/16 the custodian released 768 requests for an extension within an 11 month period. The

custodian asserts a blanket exemption that “...note that personal identifying information is

redacted in accordance with N.J.S.A. 47:1A-1.1.”

Statutory response time N.J.S.A. C.47:1A-5 (i)

As the GRC is aware OPRA provides a statutory right to public records. OPRA mandates that

“ Unless a shorter time period is otherwise provided by statute, regulation, or executive order, a

custodian of a government record shall grant access to a government record or deny a request

for access to a government record as soon as possible, but not later than seven business days

after receiving the request, provided that the record is currently available and not in storage or

archived.”


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The statute provides that a custodian can seek an extension IF

“record is in storage or archived, the requestor shall be so advised within seven business days

after the custodian receives the request. The requestor shall be advised by the custodian when

the record can be made available. If the record is not made available by that time, access shall be deemed denied.”

Violation of OPRA N.J.S.A. 47:1A-5(g); N.J.S.A. 47:1A-5(i).

OPRA requires a custodian to respond in writing to a complainant’s OPRA request

either granting access, denying access, seeking clarification or requesting an

extension of time within the statutorily mandated seven (7) business days. When a

custodian fails to release a request by an extension date there has been a “deemed”denial of the complainant’s OPRA request.

Here the custodians first request for an extension seemed to be excessive. Even so

the custodian failed to release the requested records 3 times ultimately taking more

than 60 days to release.

Violation of OPRA N.J.S.A. 47:1A-5(g)

OPRA, requires records custodians, when denying access to a record in whole or part, to

inform the requestor of “the specific basis” for the denial. Beyond stating the “specific basis”

for each suppression, the custodian is required to “produce specific reliable evidence sufficient

to meet a statutorily recognized basis for confidentiality.” Courier News v. Hunterdon County

Prosecutor’s Office, 358 N.J. Super. 373, 382-83 (App. Div. 2003). Further, he or she must

explain each suppression in a manner that “without revealing information itself privileged or

protected, will enable other parties to assess the applicability of the privilege or protection.”

Paff v. New Jersey Department of Labor, Board of Review, 379 N.J. Super. 346, 354-55

(2005) (quoting R. 4:10-2(e)) (emphasis in original). The Appellate Division reaffirmed its

commitment to this principle in Burke v. Brandes, 429 N.J. Super. 169, 178 (App. Div. 2012).

The custodian provided no redaction index with this request. Personally I do not feel such

index is needed if there are a handful of redundant redactions within several hundred pages.

There is no need to make a custodian undertake such a labor intensive process just to reinforce

the same redactions in each document. However when the number redactions is complicated


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by a variety of the exemptions OR a custodian is claiming an exemption in what could be

reasonably considered a gray area a redaction index is absolutely necessary.

Here the custodian provides just a general exemption under privacy interests however the

redactions appear to be very extensive and unlawful.

On the very first page in the request for an extension for OPRA request W94637 the custodian

has redacted the legal disclaimer at the bottom of the custodians email. The disclaimer

appears to instruct the recipient if the email is received in error to notify someone whose name

is redacted at a phone number which is also redacted. Obviously a government employee and

their phone number is not exempt from public disclosure as they have absolutely no right to

privacy concerning official business. There are more redactions which I can not even begin to

guess as to what they are.

In all emails the recipient is redacted. In some the subject is. Even if some of the context of the

email is exempt the other information such as “to,” “from,” “subject,” “greeting” and “closing

salutations,” and “the electronic signature information” must be provided. See Mendes v.

Freedom Academy Charter School, GRC Complaint No. 2009-184 (October 2010).

Conclusion

I request the GRC find the custodian in violation of OPRA for failing to respond to an OPRA

request within the statutory time frame. I further request the GRC find the custodian hasunlawfully withheld records that were not explicitly exempt and issue an order for their

release.


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From: OPRA, NJDOT

Sent: Thursday, April 30, 2015 3:33 PM

To:

Subject: OPRA Request #W94637

M.

We apologize for the delay in processing your request, but would like to assure you that your request is stil

in progress. The records we received are extremely voluminous, and we are in still in the process oidentifying and reviewing records specifically responsive to your request.

Therefore, the Department of Transportation requires an additional extension until May 15 2015.

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

and assistance.

The information contained in this communication is intended for the useof the designated recipients named above. If the reader of thiscommunication is not the intended recipient, you are hereby notifiedthat you have received this communication in error, and that any review,dissemination, distribution or copying of this communication is strictlyprohibited. If you have received this communication in error, pleasenotify The immediately by telephone atand delete this email. Thank you.


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6

From: OPRA, NJDOT

Sent: Wednesday, April 29, 2015 3:44 PM

To:

Subject: OPRA Requests #C97058, C97061, C97062 & C97064

Attachments: C97058.pdf; C97061.pdf; C97062.pdf; C97064.pdf; Directions to Complete an Online

OPRA Request.doc

The New Jersey Department of Transportation (NJDOT) is in receipt of the attached requests for records under the Open

Public Records Act (OPRA).

These requests are being forwarded to the appropriate Unit(s) to determine if records responsive to your requests exist,and for further review of your request in light of the law governing OPRA requests and the Department ofTransportation’s document retention policies. Any existing responsive records may be located either in storage or inarchives, and therefore, we will require an extension until May 22, 2015.

If these requests involve an extraordinary expenditure of time and effort, we will need to assess a special service fee andyou will be advised of such. This will apply regardless of the method you wish to receive the records in addition to thecopying cost.

Additionally, attached are directions on how to complete an Online OPRA Request for future requests.

Please address all your communications pertaining to these requests directly to this email address. Thank you in advancefor your patience, and we will be in contact with you.


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From: OPRA, NJDOT


To:

Subject: OPRA Request #C97055

Attachments: C97055.pdf

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

This request is being forwarded to the appropriate Unit(s) to determine if records responsive to your request exist, andfor further review of your request in light of the law governing OPRA requests and the Department of Transportation’sdocument retention policies. Any existing responsive records may be located either in storage or in archives, andtherefore, we will require an extension until May 22, 2015.

If this request involves an extraordinary expenditure of time and effort, we will need to assess a special service fee andyou 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 advancefor your patience, and we will be in contact with you.


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From: OPRA, NJDOT


To:






copying cost.



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From: OPRA, NJDOT


To:






copying cost.



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From: OPRA, NJDOT


To:


Attachments: W97043.pdf




copying cost.



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From: OPRA, NJDOT


To:






copying cost.



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From: OPRA, NJDOT


To:


Ms.

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'sdocument 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.

:

: M, A 27, 2015 5:00 AM

: OPRA, NJDOT

:

April 27, 2015New Jersey Department of Transportation

Official Custodian of RecordsOffice of Inspector GeneralNew Jersey Department of Transportation1035 Parkway AvenuePO Box 600Trenton, NJ 08625-0600

This is a follow up to a previous request:

To Whom It May Concern:


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We look forward to assisting you with future requests.

[Description: Description:http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]OPRA UnitNJDOT Custodian of RecordsOffice of Inspector GeneralPhone (609) 530-8045

---

On April 7, 2015:

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

This request is being forwarded to the appropriate Unit(s) to determine if records responsive to your requestexist, and for further review of your request in light of the law governing OPRA requests and the Department ofTransportation'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 servicefee and you will be advised of such. This will apply regardless of the method you wish to receive the records inaddition to the copying cost.

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

[Description: Description:http://njdotsharepointinsgen.njdot.lan/Shared%20Documents/Graphics/NJDOT%20logo.png]

OPRA UnitNJDOT Custodian of RecordsOffice of Inspector GeneralPhone (609) 530-8045

---

On April 6, 2015:

To Whom It May Concern:

.


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In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges inadvance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment ifavailable or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your responseto this request within 7 business days, as the statute requires.

Sincerely,


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From: OPRA, NJDOT

Sent: Wednesday, April 29, 2015 9:23 AM

To:


Attachments: C97031.pdf; Directions to Complete an Online OPRA Request.doc


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’sdocument retention policies. Any existing responsive records may be located either in storage or in archives, andtherefore, we will require an extension until May 22, 2015.

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 thecopying cost.

Additionally, attached are directions on how to complete an online OPRA Request for future requests.



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From: OPRA, NJDOT

Sent: Tuesday, April 28, 2015 8:31 AM

To:


We would like to assure you that your request is still in progress. The documents you are requesting have

been retrieved and are under review for records specifically responsive to your request, and also in light ofthe 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 12, 2015.

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


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From: OPRA, NJDOT

Sent: Monday, April 27, 2015 11:43 AM

To:






copying cost.



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From: OPRA, NJDOT


To:


Mr.

An email communication dated April 22, 2015 was sent to you and we have not received a response in order toproceed with your request.

Upon further review, it has been determined that based on the volume of records this request is burdensome andwould impact the day-to-day operations of the Department. Therefore, as defined in N.J.S.A. 47:1A-5c, theDepartment will need to assess a special service charge and will require an extension of time in order toaccommodate this request. Once the responsive records are retrieved, they must be reviewed for privilegedinformation, redacted if necessary, and converted electronically in order to provide them by email.

It is estimated that staff time needed to provide you with the requested is approximately 6 man-hours over the standard time of 4 man-hours. The cost will be $33.73 per hour, and therefore the total estimatedspecial service charge for this request is $202.38. Please be advised that this is an estimated cost. The actual costmay be lower or higher. In addition, there may be copying costs based on the current Open Public Records Actcopying fees for records to be converted electronically.

In order for the Department to proceed with your request, we will need written confirmation indicating that youagree to the estimated special service charge plus a 50% deposit of $101.19. The remaining payment will be duewhen the records are received by the OPRA Unit. In addition, we will require an extension of time to provide therecords.

Please be advised that this request is on hold and we will not proceed until such time as both the writtenconfirmation and the deposit is received. If we do not receive the written confirmation and deposit by April28, 2015, this request will be closed.

You may send a check for the deposit (include OPRA number on the check) payable to “NJDOT” to the followingaddress:

NJ Dept. of TransportationOPRA UnitPO Box 600

Trenton, NJ 08625

Thank you for your assistance.

OPRA UnitNJDOT Custodian of Records


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Office of Inspector GeneralPhone (609) 530-8045


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From: OPRA, NJDOT

Sent: Friday, April 24, 2015 3:24 PM

To:






copying cost.



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From: OPRA, NJDOT


To:

Subject: OPRA Request C96919





copying cost.



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From: OPRA, NJDOT

Sent: Friday, April 24, 2015 10:18 AM

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Sent: Friday, April 24, 2015 10:15 AM

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From: OPRA, NJDOT


To:


M. :

We have received from our Information Technology Unit, and we are in the process of reviewing the

files to determine what records are responsive to your request. Again, we apologize for the delay, but wouldlike to assure you that your request is still in progress.

Therefore, we are currently requesting an additional extension until April 30, 2015.

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

The information contained in this communication is intended for the useof the designated recipients named above. If the reader of thiscommunication is not the intended recipient, you are hereby notifiedthat you have received this communication in error, and that any review,dissemination, distribution or copying of this communication is strictlyprohibited. If you have received this communication in error, pleasenotify immediately by telephone atand delete this email. Thank you.


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To:






copying cost.



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Sent: Tuesday, April 21, 2015 3:51 PM

To:






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From: OPRA, NJDOT


To:

Subject: OPRA Request Numbers W96740 and W96749

Attachments: W96740.pdf; W96749.pdf

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

These requests are being forwarded to the appropriate Unit(s) to determine if records responsive to your requests exist,and for further review of your requests in light of the law governing OPRA requests and the Department ofTransportation’s document retention policies. Any existing responsive records may be located either in storage or inarchives, and therefore, we will require an extension until May 14, 2015.

If these requests involve an extraordinary expenditure of time and effort, we will need to assess a special service fee andyou 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 these requests directly to this email address. Thank you in advancefor your patience, and we will be in contact with you.


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copying cost.



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Sent: Monday, April 20, 2015 1:54 PM

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Upon further review, it has been determined that based on the volume of records this request is burdensome and would

impact the day-to-day operations of the Department. Therefore, as defined in N.J.S.A. 47:1A-5c, the Department wilneed to assess a special service charge and will require an extension of time in order to accommodate thisrequest. Once the responsive records are retrieved, they must be reviewed for privileged information,

redacted if necessary, and converted electronically in order to provide them by email.

It is estimated that staff time needed to accomplish the above will be approximately 4 man hours over the

standard time of 4 man hours. The cost will be $33.73 per hour, and therefore the total estimated specialservice charge for these requests is $134.92. Please be advised that this is an estimated cost. The actua

cost may be lower or higher. In addition, there may be copying costs based on the current Open Public Records Actcopying fees for records to be converted electronically.

In order for the Department to proceed with your request, we will need written confirmation indicating thatyou agree to the estimated special service charge plus a 50% deposit of $67.46. The remaining payment

will be due when the records are received by the OPRA Unit. In addition, we will require an extension of

time to provide the records.

Please be advised that this request is on hold and we will not proceed until such time as both the

written confirmation and the deposit is received. If we do not receive the written confirmationand deposit by April 27, 2015, this request will be closed.

You may send a check for the deposit (include OPRA number on the check) payable to “NJDOT” to the

following address:

NJ Dept. of TransportationOPRA Unit

PO Box 600Trenton, NJ 08625

Thank you for your assistance.


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From: OPRA, NJDOT


To:

Subject: OPRA Request Nos. W96643, W96644, W96645, W96646 and W96647 - Revised

Attachments: W96643.pdf; W96645.pdf; W96646.pdf; W96647.pdf; W96644.pdf

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

These requests are being forwarded to the appropriate Unit(s) to determine if records responsive to yourrequests exist, and for further review of your request in light of the law governing OPRA requests and theDepartment of Transportation’s document retention policies. Any existing responsive records may be locatedeither in storage or in archives, and therefore, we will require an extension until May 12, 2015.

If these requests involve an extraordinary expenditure of time and effort, we will need to assess a specialservice fee and you will be advised of such. This will apply regardless of the method you wish to receive therecords in addition to the copying cost.

However, in order to provide records responsive to the following requests, we require additional information.

Please respond directly to this email and provide us with this information. We cannot proceed with theserequests until this information is received.

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.


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From: OPRA, NJDOT


To:

Subject: OPRA Request Nos. W96643, W96644, W96645, W96646 and W96647

Attachments: W96642.pdf; W96643.pdf; W96645.pdf; W96646.pdf; W96647.pdf

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

These requests are being forwarded to the appropriate Unit(s) to determine if records responsive to yourrequests exist, and for further review of your request in light of the law governing OPRA requests and theDepartment of Transportation’s document retention policies. Any existing responsive records may be locatedeither in storage or in archives, and therefore, we will require an extension until May 12, 2015.

If these requests involve an extraordinary expenditure of time and effort, we will need to assess a specialservice fee and you will be advised of such. This will apply regardless of the method you wish to receive therecords in addition to the copying cost.

However, in order to provide records responsive to the following requests, we require additional information.

Please respond directly to this email and provide us with this information. We cannot proceed with theserequests until this information is received.

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.


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From: OPRA, NJDOT


To:




This request is being forwarded to the appropriate Unit(s) to determine if responsive to yourrequest exist, and for further review of your request in light of the law governing OPRA requests and the Department ofTransportation’s document retention policies. Any existing responsive records may be located either in storage or inarchives, and therefore, we will require an extension until May 12, 2015.



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Sent: Thursday, April 16, 2015 10:39 AM

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

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