Open Public Records Act Request Form - Township Of Saddle Brook (Page 3 of 4) in pdf

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 material, 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.

Open Public Records Act Request Form - Township Of Saddle Brook Page 3

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