Time to Change- Jersey Style

Dear New Jersey Division of Children & Families,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:

1) Any and all information and/or records generated since 6/1/2016 in reference to "First (1st) Amendment Audits", "Police Accountability", "Copwatching", "Copblocking", "Citizens Video Recording" and/or any other activities addressing persons who video-record and/or photograph local, municipal, county, state, federal, and/or military personnel and/or property for the purposes of accountability, education, and/or public awareness of law enforcement/government conduct, including but not limited to documents, emails, memos, bulletins, notices, letters, directives, "bolos", videos, slideshows, presentations, etc.

2) Any and all records and/or documents generated since 6/1/2016 referring to "Matt Tim", "POLICE STATE: NEW JERSEY", "PSNJ", "Gunnison Undercover", "Time to Change, Jersey Style", "NJ Wandering News", "Ironbound Media", and/or "ASK NJ Media Co." in reference to the above described activities.

Yours faithfully,

Time to Change- Jersey Style

OPRA Custodian,

Dear Time to Change Jersey Style:

 

We are still working to ensure that our response is accurate and that we
have done a thorough search through all of our available records and
archives.  Accordingly, we require an extension of the due date to Friday,
June 29th, 2018.  If anything changes in regards to the availability of a
response to your request, you will be notified prior to said date. Thank
you for your patience and cooperation in this matter.

 

Sincerely,

 

Catherine Schafer, Esq.

DCF OPRA Custodian

(609) 888-7730

 

 

 

This E-mail, including any attachments, may be intended solely for the
personal and confidential use of the sender and recipient(s) named above.
This message may include advisory, consultative and/or deliberative
material and, as such, would be privileged and confidential and not a
public document. If you have received this e-mail in error, you must not
review, transmit, convert to hard copy, copy, use or disseminate this
e-mail or any attachments to it and you must delete this message. You are
requested to notify the sender by return e-mail.

OPRA Custodian,

1 Attachment

Dear Time to Change – Jersey Style:

 

The New Jersey Department of Children and Families (“NJDCF”) has received
your request, as follows: “(1) Any and all information and/or records
generated since 6/1/2016 in reference to "First (1st) Amendment Audits",
"Police Accountability", "Copwatching", "Copblocking", "Citizens Video
Recording" and/or any other activities addressing persons who video-record
and/or photograph local, municipal, county, state, federal, and/or
military personnel and/or property for the purposes of accountability,
education, and/or public awareness of law enforcement/government conduct,
including but not limited to documents, emails, memos, bulletins, notices,
letters, directives, "bolos", videos, slideshows, presentations, etc.” and
“(2) Any and all records and/or documents generated since 6/1/2016
referring to "Matt Tim", "POLICE STATE: NEW JERSEY", "PSNJ", "Gunnison
Undercover", "Time to Change, Jersey Style", "NJ Wandering News",
"Ironbound Media", and/or "ASK NJ Media Co." in reference to the above
described activities.”

 

Please be advised that, as written, both your requests for (1) and (2)
constitute overly broad and unclear requests pursuant to MAG
Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.
Super. 534 (App. Div. 2005), which states in part: “While OPRA provides an
alternative means of access to government documents not otherwise exempted
from its reach, it 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.” Id. at 546 (App. Div. 2005). The Court further held that
“[u]nder OPRA, agencies are required to disclose only ‘identifiable’
government records not otherwise exempt ... In short, OPRA does not
countenance open-ended searches of an agency's files.”  Id. Unfortunately,
we are therefore unable to fulfill your OPRA request.

 

If your request for access to a government record has been denied or
unfulfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Department  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 [1][email address], or at their web
site at [2]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.

 

Thank you for your interest in NJDCF.

 

Sincerely,

 

Catherine Schafer

DCF OPRA Custodian

(609) 888-7730

 

 

This E-mail, including any attachments, may be intended solely for the
personal and confidential use of the sender and recipient(s) named above.
This message may include advisory, consultative and/or deliberative
material and, as such, would be privileged and confidential and not a
public document. If you have received this e-mail in error, you must not
review, transmit, convert to hard copy, copy, use or disseminate this
e-mail or any attachments to it and you must delete this message. You are
requested to notify the sender by return e-mail.

References

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2. http://www.state.nj.us/grc