NJ Drones (Morris County Sheriff)

On 12/17/2024 3:26:04 PM, Sheila Leary wrote to Jason Koebler (requests@muckrock.com):
Subject: [Records Center] Morris County - Open Public Records Request :: C008925-121624
Body:
RE: OPRA REQUEST of Reference # C008925-121624

Dear Mr.. Koebler:

The County of Morris received a public records request from you on December 16, 2024. Specifically, you requested:

“To Whom It May Concern:
Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:
Public reports show New Jersey mayors and residents are concerned about drone activity in New Jersey.
https://abcnews.go.com/US/new-jersey-mayors-pen-letter-demanding-action-mysterious/story?id=116601165
Therefore I request any emails, memos, guidance, or legal analysis about drone, unmanned aerial vehicle, unidentified aerial phenomena, or unidentified flying object sightings sent to/from/between this agency in November and December 2024.
Please include any call recordings from the public, emails from the public, including attachments (audio, video, photos), as well as intra- and interagency communications related to drone sightings in New Jersey during this time period, and all media (photos, videos, audio).
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.
Sincerely,
Jason Koebler”

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<mailto:grc@dca.state.nj.us>, or on its website at www.state.nj.us/grc<http://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.

[VARW001-American-Flag-Eagle-Head-Small-2]
Sheila M. Leary, CPM
OPRA Officer / CBA – Board Secretary
County of Morris - Admin
PO Box 900
Morristown, NJ 07963-0900
voice: (973) 829-8126
fax: (973) 285-5266
sleary@co.morris.nj.us<mailto:sleary@co.morris.nj.us>

From: requests@muckrock.com <requests@muckrock.com>
Sent: Thursday, January 2, 2025 1:01 AM
To: Leary, Sheila <SLeary@co.morris.nj.us>
Subject: RE: New Jersey Open Public Records Act Request: NJ Drones (Morris County Sheriff)

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
________________________________

Morris County Sheriff's Office
OPRA Office
P.O. Box 900
Morristown, NJ 07963-0900

January 2, 2025

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following New Jersey Open Public Records Act request, copied below, and originally submitted on Dec. 17, 2024. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 177471
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On Dec. 11, 2024:
Subject: New Jersey Open Public Records Act Request: NJ Drones (Morris County Sheriff)
To Whom It May Concern:

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

Public reports show New Jersey mayors and residents are concerned about drone activity in New Jersey.

https://abcnews.go.com/US/new-jersey-mayors-pen-letter-demanding-action-mysterious/story?id=116601165

Therefore I request any emails, memos, guidance, or legal analysis about drone, unmanned aerial vehicle, unidentified aerial phenomena, or unidentified flying object sightings sent to/from/between this agency in November and December 2024.

Please include any call recordings from the public, emails from the public, including attachments (audio, video, photos), as well as intra- and interagency communications related to drone sightings in New Jersey during this time period, and all media (photos, videos, audio).

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

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Jason Koebler

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 177471
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.