AN EQUAL OPPORTUNITY EMPLOYER THE TOWNSHIP OF BRIDGEWATER 100 COMMONS WAY / BRIDGEWATER, N.J. 08807 908/725-6300/ FAX # 9081707-1235 TDD 908/725-6300/ 908/722-4111 August 12, 2011 AUG 15 tun Bobby Conner Esq. C/o American Civil Liberties Union of New Jersey P.O. Box 32159 Newark, NJ 07102 Re: ACLU OPRA Request dated August 3, 2011 Bridgewater OPRA Request No. 11-389 Dear Mr. Connor: This correspondence acknowledges your letter OPRA Request of August 3,2011. Under N.J.S.A.47:'1A-5, I am required to respond to your request not later than seven business:d;ays. after i'e~i;;{yirig the :t:eqtiest~accq.td.ingjy, pieas:eaccep1 this letter as the Township re~ponse..,...,.. ',., " As is stated, in pertinent part, by the Government Records Council on page 16 of its Handbook for Records Custodians: "It is the GRC's position that a custodian's written response either granting access, denying access, seeking clarification or requesting an extension of time within the statutorily' mandated seven business days, is a valid response pursuant to OPRA." Page 17 of that Handbook also states: "Custodians may seek extensions of time beyond the seven business day deadline for legitimate reasons... The length of the extension must be reasonable." "If a custodian cannot provide immediate access to records for a..ligitibiatereason, the custodian must reduce such reason to writing and ~Ti;'reittiest iiii'exteilsionoftuneto' comply witliiherifiinediate; 'statutory.. '.,:Z.: -;'requirement>. i,.. '.., c,. - 2184 -
AN EQUAL OPPORTUNITY EMPLOYER THE TOWNSHIP OF BRIDGEWATER 100 COMMONS WAY / BRIDGEWATER, N.J. 08807 908/725-6300/ FAX # 9081707-1235 TDD 908/725-6300/ 908/722-4111 August 17,2011 Mr. B. Conners, Esq. ACLU P.O. Box 32159 Newark, NJ 07102 Re: Request Regarding Cell Phone Location Records Open Public Records Act request form #11-389 Mr. Conners: This shall confirm our telephone conversation on Monday, August 15,2011, during which you agreed to an extension of time to comply with your OPRA request #11-389 dated August 4, 2011. This extension shall run through September 14, 2011. vrlyours, rt:~: LindaJ.D~ Township Clerk ljd cc: R. Borden Wm. Savo - :::,~ - 2185 -
Bridgewater Township Police Department Memorandum To: From: Date: Subject: Chief Richard Borden 8gf. 8. JUrCZak~ August 10,2011 OPRA Request 11~389 On August 9,2011 I received the attached OPRA request. The request lists seventeen (17) specific types of records being sought. Due to the amount and type of information requested, this request will subject the requestor to a special service charge of greater than $50.00 based on the G.R.C's Spec1a] Service Charge 14-Point Analysis (attached). Information requested may need to be hand-searched I each written report case by case, which would involve an extraordinary expenditure of time. We do not maintain searchable electronic records of the information requested. The request does not state a specific time frame for the records, which would indicate an any-and-all request for records. The requestor wishes to be notified of the cost before filling the request if the cost will exceed $50.00. I am requesting that this OPRA request be sent to the Bridgewater Township attorney to request a thirty (30) business day extension. The basis for the extension is to allow sufficient time for attorney review of the request, analysis to determine how long it would take to hand-search the records, how much redaction and preparation will be required, the amount of employees needed to accommodate the request, the hourly rate of the employees and the cost of copying the material to give the requestor an estimate of the entire cost. - 2186 -
Therefore, this letter is being sent to you to formally request an extension of30 days, until September 14, 2011, to respondto your OPRA Request. I did call you twice on August 12, to discuss this requested extension. However, you were unavailable and, thus, I could only advise you in a telephone message of this requested extension. As was stated in your letter: "This request encompasses records regarding real-time tracking and records regarding where cell phones have been in the past and it encompasses all available methods of locating cell phones, including-cell site-, triangulation and GPS." Your request list 17 specific type. of records being sought. The amount and type of information requested will, likely, require the imposition of a special service charge. Information requested may need to be hand searched, each written report case by case, which would involve an extraordinary expenditure of time. It may also prove necessary to redact certain portions of the records requested. Moreover, because of the unique nature of your request, Township Attorney analysis is also needed to ensure that while the Township complies, it also respects the various exceptions to disclosure enumerated in OPRA. Attached hereto is the pertinent portion of a memo sent by Sgt. Jurczak, Police OPRA liaison, to Bridgewater Police Chief Richard Borden. It explains, in detail, why this 30 day extension of time is necessary. N.J.S.A. 47:1A-5g ofopra also declares: "If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the records after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency." If this OPRA Request had to be c:omplied with within seven business days, it would substantially disrupt Police Department operations. However, it is my intent to provide you with the material you requested, consistent with OPRA guidelines and subject to the exceptions listed in the statute. Hopefully, the 30 day extension request will be acceptable to you. However, the Township will make every effort to reach a reasonable solution regarding the materials requested and the time frame needed. However, as a preliminary response, I wish to make the following comments. To the extent that your 17 specific requests seek information, that is not encompassed within OPRA. Some of the records you seek may simply not exist. My understanding is that, under such circumstances, there is no obligation to create such a record. Finally, and most importantly, to the extent that you can better clarify your 17 requests, as set forth in your eight subject matters, this will help us expedite the process. - 2187 -
As the Township undertakes the process of providing you with the records sought, it would be helpful if both the Township Attorney and Sgt. Jurczak had timely access to you. ~ Ver,.ftruly yours, ~~ / ~in;:~. DOjlr,R11c Township Clerk cc: Patricia Flannery, Mayor Robert Bogart, Township Administrator Sgt. Stephen S. Jurczak, Police OPRA Liaison Richard Borden, Chief of Police William Savo Esquire, Township Attorney - 2188 -