– OPRA Request

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This document is an Open Public Records Act (OPRA) request form provided by the Borough of Kinnelon, New Jersey. It outlines the process for citizens to request access to government records, detailing the information required from the requestor, preferred delivery methods, and potential payment information for reproduction and delivery costs. The form also includes sections for agency use, tracking, estimated costs, and disposition notes. The form specifies fees for letter-size and legal-size pages, along with actual costs for other materials like CDs or DVDs, and potential delivery/postage fees. It also details the conditions under which a deposit may be required, particularly for anonymous requests or those exceeding certain cost thresholds. Importantly, the document highlights various legal exemptions under N.J.S.A. 47:1A, Executive Orders, and common law, under which access to records may be denied, and includes a section for the custodian to detail reasons for denial. Furthermore, the document informs requestors about their rights and the Borough's obligations under OPRA, including the seven business day response time, consequences of non-response, and avenues for challenging denials through the Superior Court of New Jersey or the Government Records Council (GRC). It also addresses the handling of requests containing personal information and requirements for disclosing conviction history.

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--- Document: – OPRA Request Document ---
KINNELON SOROUGH
INCORPORATED
1022
MORRIS COUNTY, HEY JERSE
BOROUGH OF KINNELON
OPEN PUBLIC RECORDS ACT REQUEST FORM
130 KINNELON RD, KINNELON, NJ 07405
(973)838-5401 EXT. 1
kiuele@kinnelonboro.org
Important Notice
KINNBLON
BOROUGH
1922
MORRIS COUNTY, NEW JERSEY
The last page of this form contains important information related to your rights concerning government records, Please read it carefully.
Requestor Information - Please Print
First Name
E-mail Address
Malling-Address
City
State
Telephone
Preferred Delivery:
Pick
Up
US Mall
MI
Last Name
Zip
FAX
On-Site
Inspect
E-mail
Payment Information
Maximum Authorization Cost $
Select Payment Method
Cash
Check Money Order
Fees:
Letter size pages - $0.05
per page
Legal size pages - $0.07
per page
Other materials (CD, DVD,
etc) - actual cost of material
Delivery: Delivery/postage fees
If you are requesting records containing personal Information, please circle one: Under penalty of N.J.S.A.
20:28-3, I certify that I HAVE / HAVE NOT been convicted of any indictable offense under the laws of New
Jersey, any other state, or the United States.
Signature
Date
additional depending upon
delivery type.
Extras: Special service charge
dependent upon request.
Record Request Information: Please be as specific as possible in describing the records being requested. Also, please note that your
preferred method of delivery will only be accommodated if the custodian has the technological means and the integrity of the records will not
be jeopardized by such method of delivery.
AGENCY USE ONLY AGENCY USE ONLY
AGENCY USE ONLY
Tracking Information
Est, Document Cost
Est. Delivery Cost
Est, Extras Cast
Total Est, Cost
Deposit Amount
Estimated Balance
Disposition Notes
Custodian: If any part of request cannot be
delivered in seven business days,
detall reasons here.
Tracking #
Rec'd Date
Ready Date
Total Pages
Final Cost
Total
Deposit
Balance Due
Balance Pald
Records Provided
Deposit Date
In Progress
Denied
Open
Closed
Filled
Closed
Partial
Closed
Custodian Signature
Date
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 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 reproduction of the documents.
YOUR REQUEST FOR RECORDS IS DENIED FOR THE FOLLOWING REASON(S):
(To be completed by the Custodian of Records - check the box of the numbered exemption(s) as they apply to the records requested. If
multiple records are requested, be specific as to which exemption(s) apply to each record. Response is due to requestor as soon as
possible, but no later than seven business days.)
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 bulldings 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 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 detalled 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.)
REQUEST FOR RECORDS UNDER THE COMMON LAW
If, in addition to requesting records under OPRA, you are also requesting the government records under the common law, please check the
box below.
A public record under the common law is one required by law to be kept, or necessary to be kept in the 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 written memorial made by a public officer
authorized to perform that function, 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.
☐ Yes, I am also requesting the documents under common law.
If the information requested is a "public record" under common law and the requestor has a legally recognized Interest in the subject matter
contained in the materlal, then the material must be disclosed if the Individual's right of access outweighs the State's interest in preventing
disclosure.
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.
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, malled, 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 Kinnelon, 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 in printed form are listed on the front of this form. We will notify you of
any special service charges or other additional charges authorized by State law or regulation before processing your
request. Payment shall be made by cash, check or money order payable to the Borough of Kinnelon.
5. You may be charged a 50% or other deposit when a request for copies exceeds $25. The Borough of Kinnelon
custodian will contact you and advise you of any deposit requirements. You agree to pay the balance due upon delivery
of the records. Anonymous requests in excess of $5.00 require a deposit of 100% of estimated fees.
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 government records containing personal Information
pertaining to the person's victim or the victim's family. This includes anonymous requests for sald information.
7. By law, the Borough of Kinnelon must notify you that it grants or denles a request 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 your request would substantially disrupt agency operations and
the custodian is unable to reach a reasonable solution with you.
9. If the Borough of Kinnelon is unable to comply with your request for access to a government record, the custodian will
indicate the reasons for denial on the request form or other written correspondence and send you a signed and dated
copy.
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 Kinnelon 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 PO Box 819, Trenton, NJ, 08625, by e-mail at grc@dca.state.nj.us, or at their
web site at www.state.nj.us/grc. The Council 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.