Dear Tuckerton Borough,

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. On May 21, 2018, at the Boro council meeting, the Asst Chief from the Fire Dept stated a recent inspection was done by OSHA. I am requesting what violations were found, if any.

2. Per Boro code 29-3, I am requesting the latest record of attendance and duty of each member at fires and drills that is submitted to the Mayor and council by Jan 15 of each year.

3. Per Boro code 29-2, I am requesting up to date percentage records of the membership, both meeting and not meeting, the 60% eligibility requirement to be an active member of the Tuckerton Fire Department to include records from 2017.

Yours faithfully,
anonymous

Jenny Gleghorn,

Just received your request, an answer will be given within 7 business days starting July 3, 2018.

Jenny Gleghorn, RMC
Borough Clerk/Administrator
609-296-2701

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Jenny Gleghorn,

1 Attachment

Dear Anonymous,

The Borough of Tuckerton received your Open Public Records Act (OPRA) request on July 2, 2018. The official Records Custodian, Jenny Gleghorn, RMC, received your OPRA request on July 10, 2018. As such, the seven (7) business day deadline to respond to your request is July 19, 2018. This response to your request is being provided to you on the 3rd 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 July 2, 2018.

1. On May 21, 2018, at the Boro council meeting, the Asst Chief from the Fire Dept stated a recent inspection was done by OSHA. I am requesting what violations were found, if any.
These records are transmitted to you via this email as per your request. Pursuant to N.J.S.A. 47:1A-5.b., the cost associated with this request is $0.00.

Your requests #2 and #3 seeks information that was not required to be made or maintained. As such, those two requests are invalid OPRA request because they are not required to made or maintained. When records are not required to be made, maintained or kept on file, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007).

Sincerely,

Jenny Gleghorn, RMC
Borough Administrator/Clerk
609-296-2701

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Dear Jenny Gleghorn,

Just so I have a clear understanding of this partial denial of the OPRA request submitted on July 3rd 2018 requesting information on the Fire Department of Tuckerton, in relation to Tuckerton Borough Ordinances, the denial of those documents is because those particular records are not required to be made or maintained and the Boro of Tuckerton does not have any of those documents even those the Boro Ordinance states specific requirements? If that is the case, how are the ordinances in question enforced by the Boro and how is the information communicated to the Boro from the Fire Department to ensure compliance with the ordinances?

Yours sincerely,

anonymous

Jenny Gleghorn,

Are you requesting further documentation through this OPRA request, if so please specify what records you are looking for. The original request was already delivered. The Borough cannot produce a record that it does not have because said record is not required to be maintained.

Jenny Gleghorn, RMC
Borough Clerk/Administrator
609-296-2701

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Dear Jenny Gleghorn,

Additional requested information pertaining to this OPRA request.

1. Requesting records maintained by the Fire Department, demonstrating compliance with Boro Code 29-2 and 29-3 from 2013 to 2018.

Thank you for your time and assistance.

Yours sincerely,

anonymous

Jenny Gleghorn,

If you are requesting records from a separate entity than you must request that record from that establishment. I am not the custodian of records for the Tuckerton Volunteer Fire Company as it is a separate entity from the Borough of Tuckerton. I am not sure they are governed by OPRA but if you are seeking records from their establishment then you must request it from that organization.

Jenny Gleghorn, RMC
Borough Clerk/Administrator
609-296-2701

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