Dear Atlantic County,

This is a request for public records made under OPRA and the common law right of access. I certify under penalty of NJSA 2C:28-3 that I have not been convicted of an indictable offense. Please acknowledge receipt of this message.
Records requested:
All communications from 2010, between Atlantic County Counsel James Ferguson, Assistant County Counsel James Dugan, Director Robert Howie, and Senator Jim Whelans, discussing the creation of bills, legislation, or revised legislation, which would repeal or affect NJSA 51:1-46.

Yours faithfully,

Jim Vuocolo

Solt_Daniel, Atlantic County

Mr. Vuocolo,

Please confirm your receipt of this email.  I just received your requests
and I have a few follow up questions.

Thank you.

 

Daniel J. Solt

Assistant County Counsel

Atlantic County Department of Law

1333 Atlantic Avenue, 8^th Floor

Atlantic City, New Jersey 08401

(609) 345-6700 Ext. 2222

Email: [Atlantic County request email]

 

Dear Solt_Daniel,

Thank you. What are the questions?

Yours sincerely,

Jim Vuocolo

Dear Solt_Daniel,

Thank you Daniel, in the interest of saving your time, you may simply ask me the questions.

Yours sincerely,

Jim Vuocolo

Solt_Daniel, Atlantic County

Thank you for responding.

Unfortunately, your original OPRA request went to my colleague's Junk Email folder, and therefore she did not receive it until many days after you sent it. Your email address was unusual so my first concern was confirming that you would receive my response to your OPRA request. Both your emails yesterday went right to my Junk Email folder also. I will check it every day moving forward to ensure there is no delay responding to any email you may send.

Now that I know this is a valid email address, I will immediately process your OPRA request.

Thank you.

Daniel J. Solt
Assistant County Counsel
Atlantic County Department of Law
1333 Atlantic Avenue, 8th Floor
Atlantic City, New Jersey 08401
(609) 345-6700 Ext. 2222
Email: [Atlantic County request email]

Dear Solt_Daniel,
Thank you. Since the primary purpose of the Law Department is to ensure the legal position of a government entity, I'm surprised that their workstations even have junk-mail folders. But, I couldn't imagine police, fire, or a 911 having them either. In any event, I appreciate your looking into it, and since the site moderators are following this thread, I'm sure that they will note the "junkmail" issue for the Atlantic County Government as officially addressed and resolved by their Law Department.

Thanks again for your help Daniel. In the interest of maintaining compliance for the Atlantic County Government, when future requests come in, if their OPRA custodian has questions, they should just ask them immediately and then maintain their communication trail. That way they'll be able show that they were making legitimate attempts to fulfil the requests, and not that they were just trying to extend New Jerseys seven-day response time.

By the way, none of the other requests were even addressed, and their deadline has long since passed. So unless I hear otherwise, I'll assume that Mr. Ferguson has simply ordered them to be ignored, so that he may "buy himself time" as he concocts a way out of the requests.

Yours sincerely,

Jim Vuocolo

Gavin Rozzi left an annotation ()

I have noted the delivery issue and hope that we can work collaboratively with public entities and quickly update our email database to ensure things go smoothly.

Please bring all request delivery issues to the attention of site administration and we'll do our best to get things sorted out.

Solt_Daniel, Atlantic County

7 Attachments

CUSTODIAN RESPONSE TO OPRA REQUEST 365-2017

 

November 22, 2017

 

You have submitted an Open Public Records Act (OPRA) request and indicated
that your preferred delivery method is email.

 

Your request seeks:

1.         All communications from 2010, between Atlantic County Counsel
James Ferguson, Assistant County Counsel James Dugan, Director Robert
Howie, and Senator Jim Whelans, discussing the creation of bills,
legislation, or revised legislation, which would repeal or affect NJSA
51:1-46.

2.         The Terri Hiles sexual harassment settlement.  The Shelly
Imperatore sexual harassment settlement.

3.         The Atlantic County Weights and Measures Certificate of
Conformance for 2013 – 2017.

4.         As per NJSA Title 51:1-71; County Weights and Measures
Superintendents must submit an annual report to the New Jersey Office of
Weights and Measures.  Please provide the annual Atlantic County reports
for 2013-2016.

5.         The details, including balance, of the Atlantic County Weights
and Measures Fund.

 

Attached please find the documents responsive to request #3.

Attached please find the documents in Atlantic County’s possession
responsive to request #4.

The IT department is still working on request #1, as Robert Howie is no
longer employed by Atlantic County.

Atlantic County is not in possession of any documents responsive to
request #2.

Atlantic County is still working on gathering the documents responsive to
request #5.

 

I am requesting additional time to complete your OPRA request.  I will
provide you any additional responsive documents on or before Wednesday,
November 29, 2017.

 

Thank you.

 

Daniel J. Solt

Assistant County Counsel

Atlantic County Department of Law

1333 Atlantic Avenue, 8^th Floor

Atlantic City, New Jersey 08401

(609) 345-6700 Ext. 2222

Email: [Atlantic County request email]

 

Solt_Daniel, Atlantic County

2 Attachments

CUSTODIAN RESPONSE TO OPRA REQUEST 365-2017

 

November 28, 2017

 

You have submitted an Open Public Records Act (OPRA) request and indicated
that your preferred delivery method is email.

 

Your request seeks:

1.         All communications from 2010, between Atlantic County Counsel
James Ferguson, Assistant County Counsel James Dugan, Director Robert
Howie, and Senator Jim Whelans, discussing the creation of bills,
legislation, or revised legislation, which would repeal or affect NJSA
51:1-46.

2.         The Terri Hiles sexual harassment settlement.  The Shelly
Imperatore sexual harassment settlement.

3.         The Atlantic County Weights and Measures Certificate of
Conformance for 2013 – 2017.

4.         As per NJSA Title 51:1-71; County Weights and Measures
Superintendents must submit an annual report to the New Jersey Office of
Weights and Measures.  Please provide the annual Atlantic County reports
for 2013-2016.

5.         The details, including balance, of the Atlantic County Weights
and Measures Fund.

 

The IT department is still working on request #1.

I was able to obtain from private counsel the documents responsive to
request #2.  Attached please find those documents.

The documents responsive to request #3 were previously provided.

You indicated the documents I provided in response to request #4 were not
the documents you were requesting.  Are you requesting the report that is
generated each time a County Weights and Measures employee visits a
business location? 

Attached please find the documents responsive to request #5.

 

Please provide clarification by Monday, December 4, 2017.

 

Daniel J. Solt

Assistant County Counsel

Atlantic County Department of Law

1333 Atlantic Avenue, 8^th Floor

Atlantic City, New Jersey 08401

(609) 345-6700 Ext. 2222

Email: [Atlantic County request email]

 

Solt_Daniel, Atlantic County

CUSTODIAN RESPONSE TO OPRA REQUEST 365-2017

 

December 6, 2017

 

You have submitted an Open Public Records Act (OPRA) request and indicated
that your preferred delivery method is email.

 

Your request seeks:

1.         All communications from 2010, between Atlantic County Counsel
James Ferguson, Assistant County Counsel James Dugan, Director Robert
Howie, and Senator Jim Whelans, discussing the creation of bills,
legislation, or revised legislation, which would repeal or affect NJSA
51:1-46.

2.         The Terri Hiles sexual harassment settlement.  The Shelly
Imperatore sexual harassment settlement.

3.         The Atlantic County Weights and Measures Certificate of
Conformance for 2013 – 2017.

4.         As per NJSA Title 51:1-71; County Weights and Measures
Superintendents must submit an annual report to the New Jersey Office of
Weights and Measures.  Please provide the annual Atlantic County reports
for 2013-2016.

5.         The details, including balance, of the Atlantic County Weights
and Measures Fund.

 

Please be advised that there are no documents responsive to request #1.  

The documents responsive to request #2 were previously provided.

I previously asked for clarification regarding request #3.  On Monday,
December 4, 2017 you responded and stated you would provide clarification
soon. 

The documents responsive to request #4 were previously provided.

The documents responsive to request #5 were previously provided.

 

Please provide clarification to request #3 by Wednesday, December 13,
2017.

 

 

Daniel J. Solt

Assistant County Counsel

Atlantic County Department of Law

1333 Atlantic Avenue, 8^th Floor

Atlantic City, New Jersey 08401

(609) 345-6700 Ext. 2222

Email: [Atlantic County request email]

 

Solt_Daniel, Atlantic County

CUSTODIAN RESPONSE TO OPRA REQUEST 365-2017

 

December 13, 2017

 

You have submitted an Open Public Records Act (OPRA) request and indicated
that your preferred delivery method is email.

 

Your request seeks:

1.         All communications from 2010, between Atlantic County Counsel
James Ferguson, Assistant County Counsel James Dugan, Director Robert
Howie, and Senator Jim Whelans, discussing the creation of bills,
legislation, or revised legislation, which would repeal or affect NJSA
51:1-46.

2.         The Terri Hiles sexual harassment settlement.  The Shelly
Imperatore sexual harassment settlement.

3.         The Atlantic County Weights and Measures Certificate of
Conformance for 2013 – 2017.

4.         As per NJSA Title 51:1-71; County Weights and Measures
Superintendents must submit an annual report to the New Jersey Office of
Weights and Measures.  Please provide the annual Atlantic County reports
for 2013-2016.

5.         The details, including balance, of the Atlantic County Weights
and Measures Fund.

 

Please be advised that there are no documents responsive to request #1.  

The documents responsive to request #2 were previously provided.

On November 30, 2017, asked for clarification regarding request #3.  On
Monday, December 4, 2017 you responded and stated you would provide
clarification soon.  On Wednesday, December 6, 2017 I asked you to provide
clarification to request #3 by December 13, 2017. 

The documents responsive to request #4 were previously provided.

The documents responsive to request #5 were previously provided.

 

Please be advised that your request #3 is being denied as overly broad and
for failure to provide clarification.  We were unable to process your
request because you failed to provide the clarification that was requested
November 30, 2017, and again on December 6, 2017.  As explained in the
November 30, 2017 email, your request is broad, unclear and fails to
specify the documents you are seeking with particularity and would require
the custodian to research which documents are responsive. Your request
fails to identify with reasonable clarity the specific government records
sought, as is required by Bent v. Stafford Police Department, 381
N.J.Super. 30, 37 (App. Div.  2005). The New Jersey Superior Court has
held that “OPRA … is not intended as a research tool litigants may use to
force government officials to identify and siphon useful information. 
Rather, OPRA simply operates to make identifiable government records
‘readily accessible for inspection, copying, or examination.’  N.J.S.A. §
47:1A-1.” MAG Entertainment, LLC v. Division of Alcoholic Beverage
Control, 375 N.J. Super. 534, 546 (App. Div. 2005). 

 

Daniel J. Solt

Assistant County Counsel

Atlantic County Department of Law

1333 Atlantic Avenue, 8^th Floor

Atlantic City, New Jersey 08401

(609) 345-6700 Ext. 2222

Email: [Atlantic County request email]