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Open Government Advocacy Project:
Mercer Prosecutor OPRA form

Issue Detail:

May 10, 2014 Kathleen M. Petrucci, Assistant Mercer County Prosecutor\'s Office County Courthouse Trenton, NJ 08650 Via e-mail to kpetrucci@mercercounty.org Dear Ms. Petrucci: In response to my recent OPRA request for the Prosecutor\'s Office\'s \"most recently updated Open Public Records Act (OPRA) form, you sent me the form that is on-line here. While the per-copy prices have been changed to reflect legislation, there are still some problems with the form. First, the form contains the same \"misinformation\" as the form at issue in O’Shea v. West Milford, Complaint No. 2007-237. In O’Shea, the Council found that the form’s blanket statement that all “personnel files” are exempt, without informing the requestor that some “personnel files” were nonexempt, was “misinformation” that could \"deter [some requestors] from submitting an OPRA request for certain personnel records.\" Although the Council made its ruling on May 28, 2008, your form--nearly six years later--still contains the same \"misinformation.\" http://www.state.nj.us/grc/decisions/pdf/2007-237.pdf Second, ¶ 1 of the reverse of your form warns that if one does \"not provide complete information in this request form\" it will not be honored by your agency. Yet, the front of the form requires records requestor to provide their date of birth, which would lead some to believe that their form would not be honored if it does not contain their date of birth. A requestor\'s date of birth is not essential for you to fulfill a request and the presence of the question may dissuade people from exercising their rights under OPRA. I suggest that you adopt the Government Records Council\'s model form of request.




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New Jersey Libertarian Party Open Government Advocacy Project: Mercer Prosecutor OPRA form. May 10, 2014.
URL: http://ogtf.lpcnj.org/2014/2014130pu/
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