Drones/UFOs (Morris County Sheriff)

Dear Caroline Haskins:
Thank you for your interest in open public records of Morris County OPRA Center.  Your request has been received and is being processed in accordance with the Open Public Records Act (OPRA). Your request was given the reference number C008916-121224 for tracking purposes.
Records Requested: To Whom It May Concern:

News outlets have reported that there have been mysterious drone sightings across Morris County, NJ.
https://www.cbsnews.com/newyork/news/drones-over-morris-county-new-jersey/
https://www.cbsnews.com/newyork/news/drones-morris-county-somerset-county-new-jersey-fbi/

Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:

- A copy of all police reports, incident reports, 911 calls, emails, text messages, and memos/memoranda from September 1, 2024 to the time this request is processed mentioning "drone" OR "uav" OR "u.a.v." OR "unmanned aerial vehicle" OR "ufo" OR "u.f.o." OR "unidentified flying object" OR "uap" OR "u.a.p." OR "unidentified anomalous"

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

This FOI request is being filed in pursuit of a time-sensitive news story. Therefore, I ask that my request is expedited. When completing this request, please prioritize whichever records would take the least amount of time to be located and released. I would like these records in electronic format, sent via email or other digital method, and again, please release documents on a rolling basis, as they become available.

If there are any questions about my request, can provide any clarification that will help expedite the processing of my request, please contact me at emailcarolinehaskins@gmail.com. I am also happy to hop on the phone.

If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.

Also, I am a member of the news media as a freelance reporter writing for outlets such as WIRED, The Guardian, and Rolling Stone. As such, the requested documents are in the public interest and not being made for commercial purposes. Therefore, I ask that all fees are waived in the processing of my request. If fees associated with this request will be in excess of $25, kindly notify me in advance of fulfilling this request. As I am making this request as a journalist and this information is timely, I would appreciate your communicating with me if you have questions regarding this request.

Thanks again, and I look forward to your reply within 7 business days, as the statute requires and an even more prompt reply if you can make a determination without having to review the records in question.

Best,
Caroline Haskins
Your request will be forwarded to the relevant County department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question.  PLEASE NOTE: The State Public Information Act does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Morris County OPRA Center.
County of Morris, NJ

--- Please respond above this line ---

RE: OPRA REQUEST of Reference # C008916-121224
Dear Mr./Ms. Haskins:
The County of Morris received a public records request from you on December 12, 2024. Specifically, you requested:
“To Whom It May Concern:

News outlets have reported that there have been mysterious drone sightings across Morris County, NJ.
https://www.cbsnews.com/newyork/news/drones-over-morris-county-new-jersey/
https://www.cbsnews.com/newyork/news/drones-morris-county-somerset-county-new-jersey-fbi/

Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:

- A copy of all police reports, incident reports, 911 calls, emails, text messages, and memos/memoranda from September 1, 2024 to the time this request is processed mentioning "drone" OR "uav" OR "u.a.v." OR "unmanned aerial vehicle" OR "ufo" OR "u.f.o." OR "unidentified flying object" OR "uap" OR "u.a.p." OR "unidentified anomalous"

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

This FOI request is being filed in pursuit of a time-sensitive news story. Therefore, I ask that my request is expedited. When completing this request, please prioritize whichever records would take the least amount of time to be located and released. I would like these records in electronic format, sent via email or other digital method, and again, please release documents on a rolling basis, as they become available.

If there are any questions about my request, can provide any clarification that will help expedite the processing of my request, please contact me at emailcarolinehaskins@gmail.com. I am also happy to hop on the phone.

If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.

Also, I am a member of the news media as a freelance reporter writing for outlets such as WIRED, The Guardian, and Rolling Stone. As such, the requested documents are in the public interest and not being made for commercial purposes. Therefore, I ask that all fees are waived in the processing of my request. If fees associated with this request will be in excess of $25, kindly notify me in advance of fulfilling this request. As I am making this request as a journalist and this information is timely, I would appreciate your communicating with me if you have questions regarding this request.

Thanks again, and I look forward to your reply within 7 business days, as the statute requires and an even more prompt reply if you can make a determination without having to review the records in question.

Best,
Caroline Haskins” The County of Morris reviewed this request and determined that it requires the records custodian to conduct research in order to determine which records may potentially be relevant to your request.  See MAG Entertainment, LLC v Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005).  Parreott v Asbury Park School District, GRC Complaint Nos. 2016-20 & 2016-39 (Sept. 2017) (holding that the portion of the request seeking “all relevant documents” was invalid because it sought a class of various records and would have required the records custodian to conduct research in order to locate responsive records); see also Burke v Ocean Cty., 2013 WL 6169154 (App. Div. 2013) (holding that an OPRA request is not the equivalent of lawsuit discovery). This request is denied as it is overbroad and improper.
Your OPRA request is now deemed answered and closed. Thank you for your attention to this matter.
If you have any questions, or wish to discuss this further, you may contact my office at (973) 829-8126.
Sincerely,
Sheila M. Leary, CPM
Administration To the extent that you have also requested access to the above government records under the common law, your stated interest in obtaining the records must be balanced against the County of Morris’ interest in nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986).  The foregoing response to your request for access to government records incorporates the aforementioned balancing test. Please note that "a party's status as a litigant does not enlarge its access to government records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The County of Morris reserves the right to raise any other grounds for denial not raised in this response. Failure of the County of Morris to assert an exemption or privilege does not act as a waiver of any grounds for denial. Furthermore, a reviewing Court or the Government Records Council ("GRC") may deem a denial of access to be authorized on grounds other than those advanced by a custodian. See Paff v. Twp. of Plainsboro, A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming, Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006). If your request for access to a government record has been denied or unfilled, you have a right to challenge the decision by the County of Morris to deny access. At your option, you may either initiate a proceeding in the Superior Court of New Jersey or file a complaint with the 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 P.O. Box 819, Trenton, NJ, 08625, by e-mail at grc@dca.state.nj.us , or on its website at www.state.nj.us/grc . The GRC 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.