Dear Beachwood 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:
Please provide any open and closed permits on 936 Mizzen Ave., Beachwood, NJ 08722. Block: 10.20
Lot: 11
Thank you

Yours faithfully,

Laura Alfieri

Beachwood Borough

Borough of Beachwood

Open Public Records Act

 

Reference # OPRA-2020-0247

 

Dear Laura Alfieri,

 

Borough of Beachwood has received your Open Public Records Act (OPRA)
request dated 06/17/2020. The official Records Custodian received your
request on 06/17/2020. As such, the seven (7) business day deadline to
respond to your request is 06/26/2020. This response to your request is
being provided to you on business day 1 after custodian's receipt of said
request.

 

Your OPRA request sought access to the following information:

Please provide any open and closed permits on 936 Mizzen Ave., Beachwood,
NJ 08722.  Block: 10.20 Lot: 11

 

Your request is in review as of 06/17/2020 and will be responded to
within 7 business days.

 

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 Borough of Beachwood 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.

 

Sincerely,

 

Kathryn Hutchinson

Custodian of Records

Beachwood Borough

Borough of Beachwood

Open Public Records Act

 

Reference # OPRA-2020-0247

 

Dear Laura Alfieri,

 

Your OPRA request sought access to the following information:

Please provide any open and closed permits on 936 Mizzen Ave., Beachwood,
NJ 08722.  Block: 10.20 Lot: 11

 

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 Beachwood 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.

 

Sincerely,

 

Kathryn Hutchinson

Custodian of Records

Beachwood Borough

 

 

Borough of Beachwood

1600 Pinewald Road, Beachwood NJ 08722

732-286-6000

http://www.beachwoodusa.com/

Open Public Records Act
           
Reference #      
OPRA-2020-0247
           
Requestor Details      
Name: Laura Company Name:
Alfieri
Address: 1600 Pinewald Road Beachwood NJ
Phone # (444) Fax Email:
444-4444 # [OPRA #14371 email]
           
Request          
Details
• Please be as specific as possible in describing the records being
requested.

• Request for "any and all" are generally considered too broad and may be
returned for clarification.

• Timeframe for response is seven (7) business days after custodian's
receipt of request.

• Day one (1) is the day following the custodian's receipt of your request
Description: Please provide any open and closed permits on 936 Mizzen
Ave., Beachwood, NJ 08722.  Block: 10.20 Lot: 11
• A public record under the common law is one required to be kept, or
necessary to be kept in discharge of a duty imposed by law, or directed by
law to serve as a memorial and evidence of something written, said, or
done, or a writing filed in a public office. The elements essential to
constitute a public record are that it be a written memorial, that it be
made by a public officer, and that the officer be authorized by law to
make it.

• If the information requested is a "public record" under common law and
the requester has a legally recognized interest in the subject matter
contained in the material, then the material must be disclosed if the
individual's right of access outweighs the State's interest in preventing
disclosure.

Are you requesting documents under common law?
Delivery Type: Address:
Please set forth your interest in the subject matter contained in the
requested material:
• Note that any challenge to a denial of a request for records under the
common law cannot be made to the Government Records Council, as the
Government Records Council only has jurisdiction to adjudicate challenges
to denials of OPRA requests. A challenge to the denial of access under the
common law can be made by filing an action in Superior Court.

• Please note that your preferred method of delivery will only be
accommodated if:

• The custodian has the technological means

• The integrity of the records will not be jeopardized by such method of
delivery
 
Certification          
If you are requesting records containing personal information, please
certify the statement below.

Under Penalty of N.J.S.A. 2C-28-3 I certify that I been convicted of any
indictable offense under the laws of New Jersey, any other state, or the
United States.
           

Requesting Access

Requesting Access to Government Records Under the New Jersey Open Public
Records Act (N.J.S.A. 47:1A-1 et seq)

1. All government records are subject to public access under the Open
Public Records Act (“OPRA”), unless specifically exempt.

2. A request for access to a government record under OPRA must be in
writing, hand-delivered, mailed, transmitted electronically, or otherwise
conveyed to the appropriate custodian. N.J.S.A. 47:1A-5.g. The seven (7)
business day response time does not commence until the records custodian
receives the request form. If you submit the request form to any other
officer or employee of the Borough of Beachwood, that officer or employee
must either forward the request to the appropriate custodian, or direct
you to the appropriate custodian. N.J.S.A. 47:1A-5.h.

3. Requestors may submit requests anonymously. If you elect not to provide
a name, address, or telephone number, or other means of contact, the
custodian is not required to respond until you reappear before the
custodian seeking a response to the original request.

4. The fees for duplication of a government record are located in the
Deposit, Fee Schedule & Delivery tab. We will notify you of any special
service charges or other additional charges authorized by the State law or
regulation before processing your request. Payment shall be made by cash,
check or money order payable to the Borough of Beachwood.

5. You may be charged a 50% or other deposit when a request for copies
exceeds $25.00. The Borough of Beachwood custodian will contact you and
advise you of any deposit requirements. Anonymous requests, when
permitted, require a deposit of 100% of estimated fees. You agree to pay
the balance due upon delivery of the records.

6. Under OPRA, a custodian must deny access to a person who has been
convicted of an indictable offense in New Jersey, any other state, or the
United States, and who is seeking governmental records containing personal
information pertaining to the person's victim or the victim's family. This
includes anonymous requests for said information.

7. By law, the Borough of Beachwood must notify you that it grants or
denies a report for access to government records within seven (7) business
days after the agency custodian of records receives the request. If the
record requested is not currently available or is in storage, the
custodian will advise you within seven (7) business days after receipt of
the request when the record can be made available and the estimated cost
for reproduction.

8. You may be denied access to a government record if you request would
substantially disrupt agency operations and the custodian is unable to
reach a reasonable solution with you.

9. If the Borough of Beachwood is unable to comply with your request for
access to the government record, the custodian will indicate the reasons
for denial on the request form and send you a signed and dated copy or
other written correspondence.

10. Except as otherwise provided by law or by agreement with the
requester, if the agency custodian of records fails to respond to you
within seven (7) business days of receiving a request, the failure to
respond is a deemed denial of your request.

11. 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 Beachwood 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.

12. Information provided on this form may be subject to disclosure under
the Open Public Records Act.

 

Deposits

• The custodian may require a deposit against costs for reproducing
documents sought through an anonymous request whenever the custodian
anticipates that the documents requested will cost in excess of $5.00 to
reproduce.

• Where a special service charge is warranted under OPRA, that amount will
be communicated to you as required under the statute. You have the
opportunity to review and object to the charge prior to it being incurred.
If, however, you approve of the fact and amount of the special service
charge, you may be required to pay a deposit or pay in full prior to the
reproduction of the documents.

 

Fee Schedule

• We will notify you of any special charges or other additional charges
authorized by the State law or regulation before processing your request.
Payment shall be made by cash, check, or money order payable to the
Borough of Beachwood.

• Letter Size Pages (8.5'' x 11'') @ $0.05 per page

• Legal Size Pages (8.5'' x 14'') @ $0.07 per page

• Delivery: Delivery/Postage additional depending on delivery type

• Other materials (CD, DVD, etc.) $3.00/CD or DVD

• Extras: Special service charge dependent upon request.

 

Denial Reasons

 

YOUR REQUEST FOR RECORDS CAN BE DENIED FOR THE FOLLOWING REASON(S):

N.J.S.A. 47:1A 1.1

• Inter-agency or intra-agency advisory, consultative or deliberative
material

• Legislative records

• Law enforcement records:

• Medical examiner photos

• Criminal investigatory records (however, N.J.S.A. 47:1A-3.b. lists
specific criminal investigatory information which must be disclosed)

• Victims’ records

• Trade secrets and proprietary commercial or financial information

• Any record within the attorney-client privilege

• Administrative or technical information regarding computer hardware,
software and networks which, if disclosed would jeopardize computer
security

• Emergency or security information or procedures for any buildings or
facility which, if disclosed, would jeopardize security of the building or
facility or persons therein

• Security measures and surveillance techniques which, if disclosed, would
create a risk to the safety or persons, property, electronic data or
software

• Information which, if disclosed, would give an advantage to competitors
or bidders

• Information generated by or on behalf of public employers or public
employees in connection with:

• Any sexual harassment complaint filed with a public employer

• Any grievance filed by or against an employee

• Collective negotiations documents and statements of strategy or
negotiating

• Information that is a communication between a public agency and its
insurance carrier, administrative service organization or risk management
office

• Information that is to be kept confidential pursuant to court order

• Certificate of honorable discharge issued by the United States
government (Form DD-214) filed with a public agency

• Social security numbers

• Credit Card numbers

• Unlisted telephone numbers

• Drivers’ license numbers

• Certain records of higher education institutions:

• Research records

• Questions or scores for exam for employment or academics

• Charitable contribution information

• Rare book collections gifted for limited access

• Admission applications <

• Student records, grievances or disciplinary proceedings revealing a
students’ identification

• Biotechnology trade secrets N.J.S.A. 47:1A-1.2

• Convicts requesting their victims’ records N.J.S.A. 47:1A-2.2

• Ongoing investigations of non-law enforcement agencies (must prove
disclosure is inimical to the public interest) N.J.S.A. 47:1A-3.a. Public
defender records N.J.S.A. 47:1A-5.k.

• Upholds exemptions contained in other State or federal statutes and
regulations, Executive Orders, Rules of Court, and privileges created by
State Constitution, statute, court rule or judicial case law N.J.S.A.
47:1A-9

• Personnel and pension records (however, the following information must
be disclosed:

• An individual’s name, title, position, salary, payroll record, length of
service, date of separation and the reason for such separation, and the
amount and type of any pension received

• When required to be disclosed by another law, when disclosure is
essential to the performance of official duties of a person duly
authorized by this State or the US, or when authorized by an individual in
interest

• Data contained in information which disclose conformity with specific
experiential, educational or medical qualifications required for
government employment or for receipt of a public pension, but not
including any detailed medical or psychological information N.J.S.A.
47:1A-10

 

N.J.S.A. 47:1A-1

• “A public agency has a responsibility and an obligation to safeguard
from public access a citizen's personal information with which it has been
entrusted when disclosure thereof would violate the citizen's reasonable
expectation of privacy.”

• Burnett v. County of Bergen, 198 N.J. 408 (2009). Without ambiguity, the
court held that the privacy provision “is neither a preface nor a
preamble.” Rather, “the very language expressed in the privacy clause
reveals its substantive nature; it does not offer reasons why OPRA was
adopted, as preambles typically do; instead, it focuses on the law’s
implementation.” “Specifically, it imposes an obligation on public
agencies to protect against disclosure of personal information which would
run contrary to reasonable privacy interests.”

 

Executive Order No. 21 (McGreevey 2002)

• Records where inspection, examination or copying would substantially
interfere with the State's ability to protect and defend the State and its
citizens against acts of sabotage or terrorism, or which, if disclosed,
would materially increase the risk or consequences of potential acts of
sabotage or terrorism.

• Records exempted from disclosure by State agencies’ proposed rules.

 

Executive Order No. 26 (McGreevey 2002)

• Certain records maintained by the Office of the Governor

• Resumes, applications for employment or other information concerning job
applicants while a recruitment search is ongoing

• Records of complaints and investigations undertaken pursuant to the
Model Procedures for Internal Complaints Alleging Discrimination,
Harassment or Hostile Environments

• Information relating to medical, psychiatric or psychological history,
diagnosis, treatment or evaluation

• Information in a personal income or other tax return

• Information describing a natural person's finances, income, assets,
liabilities, net worth, bank balances, financial history or activities, or
creditworthiness, except as otherwise required by law to be disclosed

• Test questions, scoring keys and other examination data pertaining to
the administration of an examination for public employment or licensing

• Records in the possession of another department (including NJ Office of
Information Technology or State Archives) when those records are made
confidential by regulation or EO 9.

 

Other Exemption(s) contained in a State statute, resolution of either or
both House of the Legislature, regulation, Executive Order, Rules of
Court, any federal law, federal regulation or federal order pursuant to
N.J.S.A. 47:1A-9.a.

• (Please provide detailed information regarding the exemption from
disclosure for which you are relying to deny access to government records.
If multiple records are requested, be specific as to which exemption(s)
apply to each record.)

• Note that any challenge to a denial of a request for records under the
common law cannot be made to the Government Records Council, as the
Government Records Council only has jurisdiction to adjudicate challenges
to denials of OPRA requests. A challenge to the denial of access under the
common law can be made by filing an action in Superior Court.

Dear Beachwood Borough,
Please provide any open and closed permits pertaining to anything that would require a permit, to include, but not limited to construction, plumbing, electrical, structural, roofing, siding, etc.
Thank you

Yours faithfully,

Laura Alfieri

Beachwood Borough

1 Attachment

Borough of Beachwood

Open Public Records Act

 

Reference # OPRA-2020-0247

 

Dear Laura Alfieri,

 

Borough of Beachwood has received your Open Public Records Act (OPRA)
request dated 06/17/2020. The official Records Custodian received your
request on 06/17/2020. As such, the seven (7) business day deadline to
respond to your request is 06/26/2020. This response to your request is
being provided to you on business day 1 after custodian's receipt of said
request.

 

Your OPRA request sought access to the following information:

Please provide any open and closed permits on 936 Mizzen Ave., Beachwood,
NJ 08722.  Block: 10.20 Lot: 11

 

The following records are being provided in their entirety and are
responsive to your request:

 

The records are being transmitted to you via as per your request.
Pursuant to N.J.S.A. 47:1A-5.b. the cost associated with this request is
$0.00.

 

You have a right to challenge the decision by Borough of Beachwood 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.

 

Sincerely,

 

Kathryn Hutchinson

Custodian of Records