Records of Individuals Banned from the State House in Trenton, NJ
| Tracking # |
W211118 |
| Submitted | Dec. 12, 2023 |
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Communications
From: Jordan Lassiter
MuckRock News
DEPT MR 146407
263 Huntington Ave
Boston, MA 02115
Date: December 12, 2023
New Jersey State Police
P.O. Box 7068
West Trenton, NJ 08628-0068
Attn: FOIA Officer
Subject: Freedom of Information Act (FOIA) Request – Records of Individuals Banned from the State House in Trenton, NJ
Dear FOIA Officer,
Under the provisions of the Freedom of Information Act, 5 U.S.C. § 552, I hereby request access to and copies of records held by the New Jersey State Police pertaining to individuals who have been banned from the State House in Trenton, NJ from January 1, 2020, to the current date.
For the purpose of this request, the records I seek include, but are not limited to:
All written orders or directives issued regarding banishment or barring from the State House.
Any internal memos, emails, or communications regarding specific instances of individuals being banned from the State House, including the dates of these instances and the reasons for banishment, if recorded.
Records pertaining to instances where individuals were formally notified of their banishment from the State House.
Should any portion of the requested records be deemed exempt from disclosure, I request the release of any reasonably segregable non-exempt portions in accordance with 5 U.S.C. § 552(b). If an entire document is exempt, I request a justification, citing specific FOIA exemptions, and provision of an exemption log as per Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).
Please note your obligation under the law not to destroy any records potentially responsive to this request. Any withholding, redaction, or destruction of responsive records without proper justification constitutes a violation of the FOIA and is subject to litigation, as confirmed in Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136, 150 (1980).
Enclosed is a letter requesting a fee waiver for the processing of this request. As an independent investigative journalist associated with TransparencyReport.pw, I believe that the information I seek is in the public interest and its disclosure contributes significantly to public understanding of the operations or activities of the government.
If the enclosed waiver is not accepted and there are any potential charges in excess of $200 associated with fulfilling my request, please inform me in advance.
As stipulated by the FOIA, I look forward to your response within twenty business days (5 U.S.C. § 552(a)(6)(A)(i)).
Thank you for your prompt attention to this matter.
Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Enclosure: Fee Waiver Request Letter
Please be aware: All communications related to this request, including incoming and outgoing communications, will be publicly available on MuckRock.com. Additionally, any correspondence in relation to this request will be instantly published on the platform.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until January 19, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Det. I Richard Echevarria
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until February 16, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Det. I Richard Echevarria
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until March 1, 2024. If the records are completed before that date and available for release, I will get them to you at that time.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov and please be sure to provide your OPRA case number in the subject line of your correspondence.
Sincerely,
Sgt Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
Your request is being processed and we would like to extend your due date until March 22, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Sgt. Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until April 9, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Sgt. Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until April 25, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Sgt. Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until May 14, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Sgt. Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
Your request is being processed and we would like to extend your due date until May 29, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Sgt. Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until June 14, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Sgt. Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until July 12, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Sgt. Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until August 13, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Sgt. Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
The Division of State Police is in receipt of your OPRA request.
Your request is being processed and we would like to extend your due date until August 23, 2024. If our response is completed prior to this extension date, it will be provided to you as soon as possible.
If you have any questions or concerns, please contact us via email at njspopra@njsp.gov<mailto:njspopra@njsp.gov> and be sure to reference your OPRA request number in the subject line of your correspondence.
We appreciate your cooperation.
Sincerely,
Sgt. Matthew Dye
New Jersey State Police
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: New Jersey State Police
Please see attached.
CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New Jersey Attorney General is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of this information.
From: Jordan Lassiter
Custodian of Records
New Jersey State Police
P.O. Box 7068
West Trenton, NJ 08628-0068
Subject: Appeal of Denial of OPRA Request No. W211118
Dear Custodian of Records,
I am writing to formally appeal the denial of my OPRA request, No. W211118, which sought access to records concerning individuals who have been formally notified of their banishment from the State House, as well as internal communications related to such instances. The denial of my request appears to be inconsistent with New Jersey law, federal transparency principles, and relevant case law. Below, I address each point made in your denial with references to applicable statutes and precedents, making the case that the denial should be overturned.
1. Overbreadth of Request
Denial Reason:
The request was denied as being “improper and overbroad,” citing MAG Entm’t, LLC v. Div. of Alcohol Beverage Control and Bent v. Twp. of Stafford Police Dep’t.
Counter-Argument:
• State Law (OPRA): N.J.S.A. 47:1A-1 clearly states that government records “shall be readily accessible” with the purpose of promoting transparency. The statute mandates that records requests should be construed broadly in favor of access, and agencies must assist requesters in refining overly broad requests, rather than denying them outright. The ruling in Burke v. Brandes, 429 N.J. Super. 169, 176-78 (App. Div. 2012), confirms that requests should not be dismissed merely for lack of pinpoint precision, as long as they can be reasonably interpreted to identify specific records.
• Federal Law (FOIA): Under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, agencies must respond to requests that reasonably describe the records sought, and should provide guidance if the request needs to be narrowed. In Citizens for Responsibility & Ethics in Washington v. U.S. Dep’t of Justice, 846 F.3d 1235 (D.C. Cir. 2017), the court underscored that requests should be fulfilled unless they are excessively vague, which is not the case here.
• Local Precedent: The New Jersey Supreme Court’s decision in Gannett N.J. Partners, LP v. County of Middlesex, 379 N.J. Super. 205 (App. Div. 2005), supports the notion that denials should be based on clear statutory exemptions, not overly broad interpretations of OPRA’s requirements. This court has repeatedly affirmed that records requests should be honored when the subject matter is clearly defined, as it is in my request.
Conclusion: My request was for specific records related to a clearly defined subject matter—banishment from the State House—and meets the standard of reasonable specificity under OPRA. Therefore, the denial based on overbreadth should be reconsidered.
2. Lack of Identifiable Records
Denial Reason:
The agency claimed that it does not “make or maintain records” for the requested items, especially concerning directives or orders regarding banishment.
Counter-Argument:
• State Law: N.J.S.A. 47:1A-5(g) requires agencies to assist requesters in identifying records and mandates that a denial must be based on an exhaustive and diligent search. The New Jersey Government Records Council (GRC) has ruled in several cases, including Paff v. Willingboro Township, GRC Complaint No. 2007-258 (Sept. 29, 2009), that agencies must make reasonable efforts to locate records, and a blanket assertion that records do not exist must be substantiated by detailed explanations of the search conducted. In this instance, the claim that no records are maintained must be supported by a detailed description of the search conducted, which has not been provided.
• Federal Law: Under FOIA, similar principles apply. The U.S. Supreme Court in Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136 (1980), emphasized that an agency must demonstrate that it conducted a reasonable search before claiming that records do not exist. The same standard applies to state-level requests under OPRA.
• Unquestionable Point: Renna v. County of Union, 407 N.J. Super. 230 (App. Div. 2009), held that the government agency’s burden is to prove that the record does not exist or cannot be located after a diligent search. Failure to do so renders the denial of access invalid.
Conclusion: The New Jersey State Police must either provide the requested records or provide a detailed explanation of the search conducted, along with specific reasons why the records cannot be located. The assertion that records do not exist without a proper search or explanation is insufficient under OPRA and relevant case law.
3. Specific Identification of Records
Denial Reason:
The agency argues that requests for “any internal memos, emails, or communications” are overbroad unless specific individuals, accounts, or dates are identified.
Counter-Argument:
• State Law: While N.J.S.A. 47:1A-5(g) encourages specificity in requests, it also requires agencies to assist requesters in refining their requests if they are deemed overly broad. The Appellate Division in O’Shea v. West Milford Bd. of Educ., 410 N.J. Super. 371 (App. Div. 2009), ruled that agencies should not deny requests outright if they can reasonably identify the records sought. Instead, they should work with the requester to refine the request to a manageable scope. My request for internal communications regarding specific instances of banishment from the State House is sufficiently clear, and any perceived overbreadth should have led to a request for clarification, not outright denial.
• Federal Law: Under FOIA, 5 U.S.C. § 552, agencies are obligated to assist requesters in refining overly broad requests. In Rubman v. U.S. Citizenship & Immigration Servs., 800 F.3d 381 (7th Cir. 2015), the court affirmed that agencies must work with requesters to clarify the scope of requests rather than reject them outright.
• Unquestionable Point: The New Jersey Superior Court in Carter v. Doe, 230 N.J. 258 (2017), reaffirmed that requests for electronic communications must be honored when they pertain to a specific subject matter within a reasonable time frame, even if the request does not specify every possible detail.
Conclusion: My request meets the requirements of OPRA for specificity and should be fulfilled. The New Jersey State Police should have worked with me to refine the scope if they found it overly broad, rather than denying the request entirely.
4. Possibility of an Article 78 Proceeding (Equivalent in New Jersey)
If this appeal is denied, I intend to seek judicial review under New Jersey’s equivalent of an Article 78 proceeding. As you are aware, N.J.S.A. 47:1A-6 allows for direct judicial review of OPRA denials in the Superior Court. Should it become necessary, I will also seek attorney’s fees and costs as provided for under N.J.S.A. 47:1A-6.
Conclusion: Given the clear legal precedents, statutory mandates, and the public’s right to access government records, I respectfully request that you reconsider your decision and fulfill my request for the identified records.
Thank you for your prompt attention to this matter. Please respond to this appeal within the required statutory time frame.
Sincerely,
Jordan Lassiter
From: Jordan Lassiter
Jordan Lassiter
Government Records Council
P.O. Box 819
Trenton, NJ 08625-0819
Re: Appeal Status for OPRA Request #W211118 - Records of Individuals Banned from the State House
Dear Government Records Council:
I am writing to inquire about the status of my OPRA appeal filed on August 24, 2024, regarding the New Jersey State Police's denial of my request (#W211118) for records pertaining to individuals banned from the State House in Trenton.
It has been nearly seven months since my initial request was filed on December 12, 2023, and approximately one month since I submitted my formal appeal challenging the denial. To date, I have not received any substantive response regarding my appeal or an indication of when a determination might be expected.
My appeal detailed specific legal arguments addressing each point of the denial, including:
The request was not overbroad as claimed, as it sought specific records related to a clearly defined subject matter (State House banishments) within a reasonable timeframe (January 2020 to present)
The claim that no records exist lacks the required detailed explanation of search efforts
The agency failed to assist in refining the request as required by statute
Given the significant public interest in matters of access to government buildings and the transparency of security decisions, I respectfully request:
Confirmation that my appeal has been received and is being processed
An estimated timeline for when I can expect a determination
Information about any additional steps I should take to expedite this process
If no response to this follow-up is received within 10 business days, I will consider pursuing judicial review as permitted under N.J.S.A. 47:1A-6.
Thank you for your attention to this matter.
Sincerely,
Jordan Lassiter
Independent Investigative Journalist
OPRA Request #: W211118