5/21/2014 Gmail - Seeking Extension of Time to Respond to Your
OPRA Request - W86481
https://mail.google.com/mail/u/0/?ui=2&ik=e23998bec3&view=pt&search=inbox&msg=1462100b7eda6ef5&dsqt=1&siml=1462100b7eda6ef5
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Harry B. Scheeler, Jr.
Seeking Extension of Time to Respond to Your OPRA Request -
W86481
Harry B. Scheeler, Jr. Wed, May 21, 2014 at 6:57 PMTo: OAG
Records Cc: Gregory Spellmeyer , Bruce Rosen
,"[email protected]" , Edward Barocas , Sarah Lynn Fehm
Mr. Solomon,
On Friday, May 9, 2014 at 12:27 p.m. I filed this request. The
OPRA clock starts the next business day whichwould have been May
12, 2014. The statutory deadline for this request pursuant to
N.J.S.A. 47:1A-5 (i) was May20, 2014. Your 8th day response on May
21, 2014 at 5:50 p.m. (after business hours) violates the Open
PublicRecords Act.
How can the government expect the people to follow and obey the
law in good faith if the government will nothold itself to the same
standard? You have already been put on notice in the lawsuit my
attorneys filed (in whichyou acknowledge you are a named defendant)
that you have a statutory duty under state law to complywith OPRA
and provide records no later then the seventh business day.
State agencies habitual violation of OPRA was the exact reason I
started auditing government agencies. Ourstate lawmakers need to be
aware of state custodians disregard for our Civil Rights.
Outside of your untimely response your extension is
unreasonable. In Darata v. Monmouth County Board ofChosen
Freeholders, GRC Complaint No. 2009-312 (February 2011). The
Council held that, [t]he GRC notes thatpending litigation is not a
lawful basis for denial of access to records requested under OPRA.
OPRA provides astatutory right of access to government records
which is not in any way supplanted by pending orongoing litigation.
Part of that statutory right is again to have records provided no
later thenseven business days. Seven days is more then enough time
to determine there may be a conflict of interest andhave another
person pull three resumes and salary information. Even if you
legitimately needed an extension youshould have notified me in a
reasonable amount of time not 8 business days later.
-Harry
On Wed, May 21, 2014 at 5:50 PM, OAG Records wrote:
Dear Mr. Scheeler:
I serve as the Custodian of Records for the Office of the
Attorney General (OAG)
and as the Custodian of Records for the Department of Law and
Public Safety.
You filed an OPRA request with OAG, W86481, in which you seek
access to, along
with other records and information, my resume, my salary and my
date of hire.
Addit ionally, as you are aware, I am a named defendant in lit
igat ion which was
recently filed in the Superior Court of New Jersey on your
behalf, Scheeler v. Office
of the Governor, et al. In order to avoid any real or perceived
conflicts of
interest, I cannot file a response to your OPRA request, W86481.
The Office of the
Attorney General has had to identify and assign an acting
Custodian of Records
5/21/2014 Gmail - Seeking Extension of Time to Respond to Your
OPRA Request - W86481
https://mail.google.com/mail/u/0/?ui=2&ik=e23998bec3&view=pt&search=inbox&msg=1462100b7eda6ef5&dsqt=1&siml=1462100b7eda6ef5
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for this request. As a result , OAG requests an extension of t
ime through Tuesday,
May 27, 2014 to respond to your OPRA request.
Thank you for your cooperation and courtesy.
Sincerely,
Bruce Solomon
Bruce J. Solomon
Deputy Attorney General
L&PS Custodian of Records
State of New Jersey
Department of Law and Public Safety
Office of the Attorney General
P.O. Box 081
Trenton, New Jersey 08625-0081
Phone: (609) 984-6112
Fax: (609) 984-9493
[email protected] NOTICE The
information contained in this communication from the Office of the
NewJersey Attorney General is privileged and confidential and is
intended for the sole use of the persons or entitieswho 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 inerror, please immediately contact the Office of the
Attorney General at (609) 292-4925 to arrange for the returnof this
information.
OPRA Confirmation PageDAG.pdf135K
