We don't know whether the most recent response to this request contains information or not – if you are Dominick B. Aboosamara please sign in and let everyone know.
Dominick B. Aboosamara

Dear Flemington Borough,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:

All summons or citations issued in Flemington Borough for Ordinance 9-4.6 (Limitations of Occupancy) from 1/1/2002 to present.

Flemington Borough

Dear Mr. Aboosmara,

The Borough of Flemington’s official Records Custodian, Michael Humphrey received your Open Public Records Act (OPRA) request on Monday. August 1, 2022. As such, the seven (7) business day deadline to respond to your request is August 8, 2022 This response to your request is being provided to you on the 3rd business day after the custodian’s receipt of said request.

We are responding to your request for the following:
• All summons or citations issued in Flemington Borough for Ordinance 9-4.6 (Limitations of Occupancy) from 1/1/2002 to present.

We are denying your request for two reasons:

1. The request is invalid because it requires research rather than a search. A records custodian has no legal duty to research their files, or cause research, to locate records potentially responsive to the request. MAG Entm’t, LLC v. Div. of ABC, 375 N.J. Super. 534, 546 (App. Div. 2005); Bent v. Stafford Police Dep’t, 381 N.J. Super. 30, 37 (App. Div. 2005); Donato v. Twp. Of Union, GRC Complaint No. 2005-182 (February 2007); Valdes v. Union City Bd. of Educ. (Hudson), GRC Complaint Nos. 2011-147, 2011-157, 2011-172, and 2011-181 (July 2012).

2. Through a search of our email records, paper and online records, and through inquiries to other Borough officials, no responsive records were found.

If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of Flemington to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.

Stay Awesome,

Michael Humphrey
Business Administrator | Acting Clerk | Registrar
Borough of Flemington
38 Park Avenue, Flemington, NJ 08822-1321
(p) 908.782.8840 x222 (m) 908.399.0698
(w) www.historicflemington.com

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Dominick B. Aboosamara

Dear Flemington Borough,

Mr. Humphrey,

Are you able to modify this request to the number of summons issued for this violation? I am not requesting the actual summons and the address issued, just the number issued since 1/1/2002

Thanks for being awesome.

Dominick B. Aboosamara

Flemington Borough

Dear Mr. Aboosamara,

 

The Borough of Flemington’s official Records Custodian, Michael Humphrey
received your Open Public Records Act (OPRA) request on August 5, 2022. As
such, the seven (7) business day deadline to respond to your request is
August 15, 2022. This response to your request is being provided to you on
the 2nd business day after the custodian’s receipt of said request. The
following records are being provided in their entirety and are responsive
to your request.

 

 1. The request is invalid because it requires research rather than a
search. A records custodian has no legal duty to research their files,
or cause research, to locate all records that are potentially
responsive to the request. MAG Entm’t, LLC v. Div. of ABC, 375 N.J.
Super. 534, 546 (App. Div. 2005); Bent v. Stafford Police Dep’t, 381
N.J. Super. 30, 37 (App. Div. 2005); Donato v. Twp. Of Union, GRC
Complaint No. 2005-182 (February 2007); Valdes v. Union City Bd. of
Educ. (Hudson), GRC Complaint Nos. 2011-147, 2011-157, 2011-172, and
2011-181 (July 2012).

 

 2. Through a search of our email records, paper and online records, and
through inquiries to other Borough officials, no responsive records
were found, so we are unable to offer you a tally for records that we
do not have.

 

These records are being transmitted to you via email. Pursuant to N.J.S.A.
47:1A-5.b., the cost associated with this request is $0. If your request
for access to a government record has been denied or unfilled within the
seven (7) business days required by law, you have a right to challenge the
decision by the Borough of Flemington to deny access. At your option, you
may either institute a proceeding in the Superior Court of New Jersey or
file a complaint with the Government Records Council (GRC) by completing
the Denial of Access Complaint Form. You may contact the GRC by toll-free
telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by
e-mail at [email address], or at their web site at
www.state.nj.us/grc. The GRC can also answer other questions about the
law. All questions regarding complaints filed in Superior Court should be
directed to the Court Clerk in your County.

 

Michael Humphrey

Business Administrator | Acting Clerk | Registrar

Borough of Flemington

38 Park Avenue, Flemington, NJ  08822-1321

(p) 908.782.8840 x222      (m) 908.399.0698

(w) www.historicflemington.com

 

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We don't know whether the most recent response to this request contains information or not – if you are Dominick B. Aboosamara please sign in and let everyone know.