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Fire Damaged Properties

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To Whom It May Concern

I respectfully request a list of addresses of residential properties damaged by fire for the month of November 2021

I would really appreciate it if you could email me this information

Sincerely,

Norman Carvajal

Sussex County

Good Morning,

The County of Sussex received your Open Public Records Act (OPRA) request on December 13, 2021. I am the Core Records Custodian and received the request on December 14, 2021. As such, the seven business day deadline to respond to your request is December 23, 2021. This response to your request is being provided to you on the third business day after my receipt of said request. However, the type of documents you seek are within the prevue of the County Sheriff and therefore I have forwarded your request to the Office of the County Sheriff Records Custodian.

Sincerely,

Teri Lyons, Clerk
Board of County Commissioners
Sussex County
973-579-0240 ext. 1177

show quoted sections

Matthew Avenatti,

1 Attachment

Dear Mr. Carvajal,

 

This office received your OPRA request which was assigned OPRA Request
#448 on December 17, 2021.

In your email application you stated, "To Whom It May Concern

I respectfully request a list of addresses of residential properties
damaged by fire for the month of November 2021

I would really appreciate it if you could email me this information."

 

In our quest to provide you with timely and accurate information I am
asking you provide clarification to your request, specifically for you to
designate a particular area in which the residential properties are
located.

 

The above clarifications are necessary for this office to search for and
obtain accurate, responsive documents.  Should they exist I would be more
than happy to email those responsive documents to you.

 

If you have any further questions please do not hesitate to contact my
office at the number or email address listed below.

 

Thank you,

 

 

Undersheriff Matthew Avenatti

Sussex County Sheriff’s Office

39 High Street

Newton, NJ 07860

(973) 579-0850 X2108

[1][email address]

 

NOTICE OF CONFIDENTIALITY

This message, including any prior messages and attachments, may contain
advisory, consultative and/or deliberative material, confidential
information or privileged communications of the Sussex County Sheriff’s
Office. Access to this message by anyone other than the sender and the
intended recipient(s) is unauthorized. If you are not the intended
recipient of this message, any disclosure, copying, distribution or action
taken or not taken in reliance on it, without the expressed written
consent of the Sussex County Sheriff’s Office, is prohibited. If you have
received this message in error, you should not save, scan, transmit,
print, use or disseminate this message or any information contained in
this message in any way and you should promptly delete or destroy this
message and all copies of it. Please notify the sender by return e-mail if
you have received this message in error.

 

 

 

Good Morning,

 

My apologies, this OPRA Request got buried on my desk and I think it is
best answered by the Fire Marshall.  Given the time restraints I will send
an acknowledgement today and advise it has been forwarded. 

 

Enjoy your weekend.

 

 

 

Teri Lyons, Clerk

Board of County Commissioners

 

 

show quoted sections

Matthew Avenatti,

1 Attachment

Dear Mr. Carjaval,

This office received your OPRA request (OPRA #448) on December 17, 2021
requesting information on addresses of residential properties damaged by
fire for the month of November 2021. On the same day (12-17-21), I emailed
your provided address
[1][OPRA #27917 email] requesting
clarification to your request so that I could provide an accurate and
timely response. As of this date 12/30/2021, seven business days after the
clarification request, I have yet to receive a response from you.

Your OPRA request can be denied pursuant to the following court decisions:
MAG Entm’t, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534
(App. Div. 2005), Bent v. Stafford Police Dep’t, 381 N.J. Super. 30 (App.
Div. 2005), N.J. Builders Ass’n v. N.J. Council on Affordable Hous., 390
N.J. Super. 166 (App. Div. 2007), and Schuler v. Borough of Bloomsbury,
GRC Complaint No. 2007- 151 (February 2009).

Additionally, as per the Government Records Council criteria for a proper
OPRA request seeking communications, including e-mails, text messages and
other forms of correspondence, see Elcavage v. West Milford Twp.
(Passaic), GRC Complaint No. 2009-07 (April 2010); Armenti v. Robbinsville
Bd. of Educ. (Mercer), GRC Complaint No. 2009-154 (Interim Order dated May
24, 2011).

As stated earlier, we have not received an answer from you as of
12/30/2021.  If we do not receive a response by the end of business hours
on Wednesday, January 12, 2022, which is 15 business days from your
original request, we will consider this OPRA request closed. 

If you have any further questions please do not hesitate to contact my
office at the number or email address listed below.

 

Thank you,

 

 

Undersheriff Matthew Avenatti

Sussex County Sheriff’s Office

39 High Street

Newton, NJ 07860

(973) 579-0850 X2108

[2][email address]

 

NOTICE OF CONFIDENTIALITY

This message, including any prior messages and attachments, may contain
advisory, consultative and/or deliberative material, confidential
information or privileged communications of the Sussex County Sheriff’s
Office. Access to this message by anyone other than the sender and the
intended recipient(s) is unauthorized. If you are not the intended
recipient of this message, any disclosure, copying, distribution or action
taken or not taken in reliance on it, without the expressed written
consent of the Sussex County Sheriff’s Office, is prohibited. If you have
received this message in error, you should not save, scan, transmit,
print, use or disseminate this message or any information contained in
this message in any way and you should promptly delete or destroy this
message and all copies of it. Please notify the sender by return e-mail if
you have received this message in error.

 

 

References

Visible links
1. mailto:[OPRA #27917 email]
2. mailto:[email address]

Matthew Avenatti,

1 Attachment

Dear Mr. Carvajal,

This office received your OPRA request on December 17, 2021 where you
specifically requested "To Whom It May Concern

I respectfully request a list of addresses of residential properties
damaged by fire for the month of November 2021

I would really appreciate it if you could email me this information."

In our efforts to provide accurate and timely information I requested on
that same day, clarification to your request to which I have not received
as of January 12, 2022. Those clarifications were necessary for this
office to proceed in gathering accurate, responsive documents.

In accordance with governing rules for OPRA requests “If a request does
not name specifically identifiable records or is overly broad, a custodian
may deny access pursuant to the following court decisions: MAG Entm’t, LLC
v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div.
2005), Bent v. Stafford Police Dep’t, 381 N.J. Super. 30 (App. Div. 2005),
N.J. Builders Ass’n v. N.J. Council on Affordable Hous., 390 N.J. Super.
166 (App. Div. 2007), and Schuler v. Borough of Bloomsbury, GRC Complaint
No. 2007- 151 (February 2009). Additionally, the GRC set forth criteria
for a proper OPRA request seeking communications, including e-mails, text
messages and other forms of correspondence. See Elcavage v. West Milford
Twp. (Passaic), GRC Complaint No. 2009-07 (April 2010); Armenti v.
Robbinsville Bd. of Educ. (Mercer), GRC Complaint No. 2009-154 (Interim
Order dated May 24, 2011).

As such, I am denying your request due to the lack of communication and
clarification on the part of the requestor.

This request is considered closed.

Sincerely,

 

Undersheriff Matthew Avenatti

Sussex County Sheriff’s Office

39 High Street

Newton, NJ 07860

(973) 579-0850 X2108

[1][email address]

 

NOTICE OF CONFIDENTIALITY

This message, including any prior messages and attachments, may contain
advisory, consultative and/or deliberative material, confidential
information or privileged communications of the Sussex County Sheriff’s
Office. Access to this message by anyone other than the sender and the
intended recipient(s) is unauthorized. If you are not the intended
recipient of this message, any disclosure, copying, distribution or action
taken or not taken in reliance on it, without the expressed written
consent of the Sussex County Sheriff’s Office, is prohibited. If you have
received this message in error, you should not save, scan, transmit,
print, use or disseminate this message or any information contained in
this message in any way and you should promptly delete or destroy this
message and all copies of it. Please notify the sender by return e-mail if
you have received this message in error.

 

 

References

Visible links
1. mailto:[email address]

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