BOROUGH OF BROOKLAWN OPEN PUBLIC RECORDS ACT REQUEST FORM

301 Christiana Street Brooklawn, New Jersey 08030 Phone: (856) 456-0750 / Fax: (856) 156-1874 E m ai I : borocl erk@broo klaw n, u s Ry?q 9!!E - c_Ssto4ielt of Eegotds lmpottant otlce page ent information rlatsd lo yojr tlghts cgnceming govemmar records. Plase read I carfully. The last of this brm contains impo

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DEPOSITS The custodian may require a deposit against cosls for reprgducing documents sought through an anonymous requesl $rhenever the cuslodian anticipales thal lhe documents requested will cost in excss of $5 to reproduce,

Where a special service charge is warranted under OPRA, that amounl will be communicated to you as required under the slatute. You have the opporlunity lo Ieview and obiect to lhe charge prior to it being incurred. lf, however, you approve of the tact and amounl 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}: Cto be compleled by the Custodian of Records - check the box of the numbered exemption(s) as they apply to the records requested. lf mulliple records are requested, be specific as to which exemption(s) apply lo each record. Response is due to rsquestor as soon as

possible, but no lator than seven business days.) N.J.S.A.47:lA-1.1

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Inter-agency or inlra-agency advisory, consullative or deliberative malerial Legislalive records Law enforcement records:

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Medicalexaminerphotos Criminal investigatory records (however, N.J.S.A. 47:1A-3.b. lists specific criminal invesligatory informalion which musl be

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Administrative or technical information regarding computer hardware, sofrware and networks which, if disclosed would jeopardize computer securily E] Emergency or security information or procedures for any buildings or facility which, it 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 dala or sofiware tl Informalion which, if disclosed, would give an advantage lo competitors or bidders r'1 Information generated by or on behalf of public employers or public employees in conneclion with: Any sexual harassment complaint flled with a public employer Any grievance filed by or against an employee Colleaive negotiations documenls and statements of strategy or negotiating Information that is a communication betweon a public agency and ils insurance carrier, administrative service organization or risk management office Intormation that is to be kept confidential pursuant to court order Certificate of honorable discharge issued by lhe United States government (Form DD-214) filed with a public agency Social securily numbers

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disclosed) Victims' records Trade secrels and proprietary commercial or financial information Any record within the atlorney-client privilege

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Credit card numbers Unlisted teleohone numbers Drivers' license numbers Certain records of higher education instilulions: Research records Queslions or scores for exam for gmployment or academics Charitable contribution informatlon Rare book collections gifred tor limited access Student records, gdevances or disciptinary proceedings revealing a students' identification Biotechnology trade secrels-ll=:L!L 47:1A-1.2 Convicts requesting lheir victims' records U+llgJL 47:1A-2.2 Ongoing investigalions ot nonJaw enforcement agencies (must prove disctosure is inimicalto the public interest) !41:gA 47:lA-3.a. Public defender recordstll*LglL 47:lA-5.k. Upholds exemptions contained in olher Stale or federal statutes and regulations, Executive Orders, Rules of Courl, and privileges created by Stale Constitution, stalute, court rule or judicial case law-!t!!L 47:lA-9 Personnel and pension records (however, the following information must be discloed:

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Admissionapplications

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An individual's name, tille, position, salary, payroll record, length of service, date of separation and the reason for such
separation, and lhe amount and type of any pension received When required lo be disclosed by another law, rvhen disclosure is essential to the performance of official duties of a person duly authorized by this Slate or the US, or when authorized by an individual in interesl Data conlained in information which disclose conformity wilh specific experiential, educational or medical oualilications required tor governmenl employment or for receipt of a public pension, but nol including any detailed medical or psychological intormalion_ltLs/L 47:lA-l 0

'a public agency has a responsibility and an obligatufti*atugllJi1;m pubtic access a citizen's personat information with which ir
has been entrusted when disclosure thereofwould violate the citizen's reasonable expectation of privacy.'

Burnetl v. Counlv ot Beroen, 198 N.J. 408 (2009). Without ambiguity, the court held that the privacy provision "is neither a preface nor -the very language expressed in the privacy clauss reveals its substanlive nalure; it does not offer reasons why a preamble." Rather, OPRA was adopl6d, as preambles typically do; instead, it focuses on the law's implemeniation." 'Specificlly, it imposes an obligation on public agencies to ptotect against disclosure of personal information which would run contrary to reasonable privacy inlerests."

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Executive Order No. 21 (MccreEvey 2002) Records where inspection, examinstion or copying would substantially interfere with the State's ability to protect and defend the

Slate and its cilizens againsl acts of sabotage or terrodsm, or which,

consequences of potential acts of sabolage or terorism. Records exempted trom disclosure by State agencies' proposed rules.

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disclosed, would malerially increase lhe risk or

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of complaints and investigations undertaken pursuanl 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 Informalion in a personal income or olher tax return Informalion describing a natural person's finances, income, assets, liabilities, net worth, bank balances, linancial history or activities, or creditworthiness, except as othemise required by law to be disclosed Test questions, scoring keys and other examination dala pertaining to the administration of an examinalion for public employment or licensing Records in the possession of anolher departmenl (including NJ Offce of Information Technology or State Archives) when those records are made confidential by regulation or EO 9.
Records

Executive Ordsr No. 26 (Mccreevey 2002) Certain records mainlained by the Otfice of the Governor Resumes, applications for employment or olher information concerning job applicants while a recruitmanl search is ongoing

Other Ersmption(s) containsd in a State statute, rolution of slthe. or both Hou3e of the Legislaturc, regulation, ExEcutive Order, Rules of Court, any fedoral law, federal regulation or fodeFl order puFuant to N.J.S.A. 47:1A-g.a. (Pleass provide detailed information regarding the exemplion ftom disclosure tor which you are relying to deny access lo government recotds,
lf multiple records are requesled, be specific as to which exemption(s) apply to each record.)

REQUEST FOR RECORDS UNDER THE COMMON LAW lf, 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 ono 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 selve as a memoial and evidence of somelhing written, said, or done, or a wrilten memorial made by a public otficer authorized to perform that funclion, or a wriling filed in a public office. The elements essential to constitute a public record arc that it be a writlen memorial, that il be made by a public officr, and that the officer be authorized by law to make it.

DYes, I am also requesting lhe documents under common law.

lf the information requested is a "public record" under common law and the requeslor has a legally recognized interesl in ihe subject matter contained in the material, then the material must be disclosed if lhe individual's right of access oulweighs the Siate's interest in preventing disclosure.
Please set forth your interesl in the subiect matter @nlained in the requested matedal:

that any chaltenge to a deniat of a request for records common taw cannot be made to Council, as the Govemment Records Counclt only has jurkdic$on to adludtcate challenges to denials challenge to the denial of access under the common law can be made by fi ng an acuon in Superlor Court.

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OPRA requesb. A

1.

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

request for access to a government record under OPRA must be in writing, handdelivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian N.J.S.A. 47:1A-5.9. The seven (7) business day response time does not commence until the records custodian receives the request form, lf you submit the request form to any other otficer or employee ot the Borcugh of Brooklawn, that officer or employee must either foMard the
request to the appropriate custodian, or direct you to the appropriate custodian. N.J.S.A. 47:1A-5.h.

Requestors may submit requests anonymously. lf you elect not to provide a name, address, or telephone number, or other means of contact, the custodian is nol required to respond until you reappear before the custodian seeking a
response to the original requesl.
4.

The fees for duplication of a govemment 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 Brooklawn. You may be chargad a 50% or other deposlt when a request for copies exceeds $25. The Borough of Brooklawn custodian will contact you and advise you of any deposit requirements. You agree to pay the balance due upon delivery ofthe 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, qg who is seeking government records containing personal information pertaining to the person's victim or the victim's family. This includes anonymous requests for said information.
By law, the Borough of Brooklawn must notify you that it grants or denies a request for access to government records within seven (7) business days after the agency custodian of records receives the request. lf 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.

7.

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

ll the Borough of Brooklawn is unable to comply with your request for access to a govemment 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.

lf 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 Brooklawn to deny access, At your option, you may either instrtute 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 al grc@dca.state.nj.us, ol at their web site at lvww. stafe.nl 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.
on this form mav be to disclosure under the ODen Public Records Act.

12. Information