NJ Drones (Municipal Clerk)

I am responding to your December 17, 2024 OPRA request concerning drones activity in New Jersey. I am denying your request because the request does not comply with New Jersey’s recently amended OPRA statute.

Specifically, N.J.S.A. 47:1A-5f states:

f. The custodian of a public agency shall adopt the form established by the Government Records Council pursuant to subsection b. of section 8 of P.L. 2001, c.404 (C.47:1A-7), for the use of any person who requests access to a government record held or controlled by the public agency. The form shall provide space for the name, address, email address and telephone number of the requestor and a brief description of the government record sought. A request shall be submitted by a requestor in the form adopted by the custodian and the custodian may deny a request that is incomplete, except that a requestor indicating the request is being submitted anonymously shall not be grounds for denial. A completed form adopted by the custodian, a letter, or an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request. If the letter or email from a requestor includes substantially more information that required on the adopted form and requires more than reasonable effort to clarify the information, the custodian may deny the request. If a letter or an email from a requestor does not include all of the information required on the adopted form, the custodian may deny the record request. A request may be submitted anonymously provided, however, that anonymous requestors shall not be permitted to institute proceedings pursuant to section 7 of P.L. 2001, c.404 (C.47:1A-6). A request that is submitted anonymously shall not be considered incomplete.

The form also shall include space for a requestor to certify whether the government record will be used by that requestor or another person for a commercial purpose. And the requestor shall be required to provide this information for the request to be fulfilled.

The form shall include space fort he custodian to indicate which record will be made available, when the record will be available, and the fees to be charged. The form shall also include the following: (1) specific directions and procedures for requesting a record; (2) a statement as to whether prepayment of fees or a deposit is required; (3) the time period within which the public agency is required by P.L. 1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented, to make the record available; (4) a statement of the requestor’s right to challenge a decision by the public agency to deny access and the procedure for filing an appeal; (5) space for the custodian to list reasons if a request is denied in whole or in part; (6) space for the requestor to sign and date the form; (7) space for the custodian to sign and date the form if the request is fulfilled or denied. The custodian may require a deposit against costs for reproducing documents sought through a request whenever the custodian anticipates that the information thus requested will cost in excess of $5 to reproduce.

Custodians who have adopted electronic government record request forms shall provide directions on how to submit requests for government records, including any required forms, on the public agency’s website.

Custodians shall be permitted to provide an electronic response to any electronic records request if government records are available electronically.

Since the OPRA request does not comply with the requirements of the above quoted statute section, the request is denied.

If you have any questions, please contact me.

Thank you.