From:
[email protected]
To:
[email protected]; [email protected]; [email protected]
Subject:
Amendments to OPRA/OPMA Bills
Date:
Thursday, June 14, 2018 9:47:14 AM
Attachments:
S107 Amendments.pdf
S106 Amendments.pdf
Attached are the proposed amendments to Senator Weinberg’s OPRA/OPMA bills and below is the
OLS description of the changes.
Please review and provide your thoughts.
If you are so inclined you can listen to today’s 1pm Senate State Government Committee hearing at
http://www.njleg.state.nj.us/media/live_audio.asp. You will need to refresh the link, maybe several
times, until you see LISTEN. Click on Listen to for the hearing. There may be moments of silence.
Lori
From: Couture, Louis
Sent: Wednesday, June 13, 2018 7:00 PM
To: Lori Buckelew
Subject: Amendments to S106 andS107
Hi Lori,
As promised, please find attached the draft amendments for tomorrow.
Here are the OLS descriptions:
S106 PROPOSED COMMITTEE AMENDMENTS :
The committee proposes to amend the bill to:
permit members of public bodies to communicate privately with independent consultants or
advisors about matters on an agenda;
require that the Legislature keep comprehensive, rather than reasonably comprehensible,
minutes of its meetings;
clarify that minutes shall be made available to the public within 15 business days after its next
meeting;
provides municipalities with 5,000 or less inhabitants, boards of education with 500 or less
pupils, and public authorities with less than $10 million in assets will have 20 business days
after the next meeting to make the amendments available to the public;
permits a public body to vote in favor of a reasonable delay in making the minutes available
due to an emergency;
requires the Legislature to record its voting sessions;
requires subcommittees to prepare reports of meetings that are closed to the public;
removes language concerning a public body keeping reports of meetings of subcommittees.
S107 PROPOSED COMMITTEE AMENDMENTS:
The committee proposes to amend the bill to:
remove a provision permitting volunteer fire companies or departments to contract with a
municipal governing body to have its clerk serve as the fire company’s records custodian;
exclude volunteer fire companies and departments from the definition of “public agency” and
“quasi-governmental agency”;
exempt from disclosure any portion of a document that discloses personal identifying
information of minors, except when permitted by law for the New Jersey Motor Vehicle
Commission, or when driver information is disclosed to insurance companies for use in
connection with claims investigation activities, antifraud activities, rating or underwriting;
remove a provision that would have included interns and volunteer employees in the
definition of “public employee”;
permit a public agency to charge a special service charge whenever a person requests a paper
copy of a record that is available electronically after the person was advised that the record
may be emailed at no charge to the requestor or advised as to the specific location that the
record may be accessed online;
removes the requirement that the
sole purpose of a requestor’s request must be harassment
in order to file a petition in court against the requestor;
incorporates into the “New Jersey Open Data Initiative” law, N.J.S.A.52:18A-234.1 et seq,
rather than creating a new section of law, the requirement that the State maintain a single,
searchable Internet website providing certain State agency information;
requires the Office of Information Technology to develop and maintain a searchable, online
database to which units of local government may submit any government record for retention
on the database;
updates certain provisions to current law and updates references to specific dates; and
makes a technical correction.
Let me know what you think. You can share the description with other groups, but please refrain
from sharing the documents with people outside the League.
Thanks,
Louis Couture
NJ Senate Democratic Office
From:
Galland, Kevin
To:
[email protected]
Subject:
FW: MCANJ Statement OPMA OPRA
Date:
Thursday, June 14, 2018 1:03:42 PM
FYI
From: Galland, Kevin
Sent: Thursday, June 14, 2018 12:15 PM
To: Mitchell, Shane (
[email protected]); '
[email protected]'
Cc: Zawadski, Dina (
[email protected]); Diane Pflugfelder (
[email protected]); Gore,
Eileen (
[email protected]);
[email protected];
[email protected];
[email protected]; Denise Cafone (
[email protected])
Subject: MCANJ Statement OPMA OPRA
Good Afternoon Shane:
Just wanted to reach out to you to let you know that the email below, sent by the current President
of the MCANJ, is the opinion of one individual who happens to be the current President of the
Association. Unfortunately, the content of the email was created without input from the balance of
the MCANJ Executive Board, nor did the balance of the Board have the opportunity to review and/or
discuss its content prior to its release.
My personal opinion was not to take a position on the amendments as I believe our meeting of April
30th was the foundation for moving forward in a positive manner. To express a negative position
would not be new news and would only reestablish/reinforce our prior adversarial relationship. It
goes without saying that our Association, representing Municipal Clerks, would have extreme
difficulty in supporting any OPRA legislation, but we are committed to working with the Senator in
the future to express, at a minimum, our differences.
Regards on behalf of the following MCANJ Executive Board:
Kevin Galland – 1st V.P.
Diane Pflugfelder – 2nd V.P.
Kim Marie White – Secretary
Denise Szabo – Immediate Past President
Joel Popkin – MCANJ Executive Director
From: Dina Zawadski [
mailto:[email protected]]
Sent: Wednesday, June 13, 2018 5:16 PM
To: [email protected]
Cc: Galland, Kevin; Diane Pflugfelder; [email protected]; [email protected];
[email protected]; Lori Buckelew (
[email protected])
Subject: statement
Good afternoon:
As President of MCANJ Association, we held many discussions with the Executive Board and MCANJ
representatives, MCANJ does not believe a realistic solution is feasible and does not seem that our
substantial differences can be resolved unless the amendments being proposed tomorrow address
our previous concerns. At this time we still oppose these bills. The costs and practical burden of
your legislation, discussed at length in the past are simply too much to overcome in attempting to
reach a consensus on the existing legislation.
Thank you.
Dina L. Zawadski, RMC,CMC
Township Clerk
MCANJ President
Public Information Officer
1011 Cooper St.
Deptford, NJ 08096
[email protected]
(p) 856-686-2203
(fax) 856-845-8804
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DISCLAIMER: Any views expressed in this message are those of the individual sender,
except where the sender specifies and with authority, states them to be the views of the County
of Passaic. This e-mail and any attachments to it may contain confidential information and
may be legally privileged.. If you are not the intended recipient, you must not review, transmit,
convert to hard copy, copy, use or disseminate this e-mail or any attachment to it. If you have
received this e-mail in error, please immediately notify the originator by return e-mail and
delete this message. Please note that if this e-mail contains a forwarded message or is a reply
to a prior message, some or all of the contents of this message or any attachments may not
have been produced by this office. Although the County of Passaic attempts to sweep e-mails
and attachments for viruses, it does not guarantee that either are virus free and accepts no
liability for any damage sustained as a result of viruses. This message is automatically
appended to each e-mail leaving the County of Passaic e-mail system.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
From:
[email protected]
To:
[email protected]
Subject:
FW: OPRA Seminar April 16, 2018
Date:
Friday, April 13, 2018 9:01:20 AM
Attachments:
image001.png
image003.png
DOCSLIB-#651139-v1-OPRA_Presentation_April_2018.DOC
Fyi J
Danielle Holland-Htut, Program Specialist
New Jersey State League of Municipalities
222 West State Street Trenton, NJ 08608
Phone: 609-695-3481 ext 118
Fax: 609-695-0151
[email protected]
Follow us
Facebook:
facebook.com/njleague Twitter: @nj_league
LinkedIn: linkedin.com/company/new-jersey-league-of-municipalities YouTube:
youtube.com/channel/UCbce9oVw9LvO6vxNz_89mZw
****Please be advised that the New Jersey State League of Municipalities is subject to the New Jersey Open Public
Records Act. As such, any email sent or received by the League may be subject to a records request.
From: Carl Woodward [mailto:
[email protected]]
Sent: Thursday, April 12, 2018 12:16 PM
To: Danielle Holland; Lewis Scheindlin (
[email protected])
Subject: OPRA Seminar April 16, 2018
Danielle,
Attached please find my update on OPRA cases for 2017 and the first quarter of 2018. It should be
available for distribution to the attendees, either in hard copy or on-line, or both. I will not be using
a Powerpoint, but will refer to various decisions summarized therein.
Please contact me with any questions. Looking forward to seeing you on Monday.
Kindest regards,
Carl R. Woodward, III
Carella, Byrne, Cecchi, Olstein,
Brody & Agnello, P.A.
5 Becker Farm Road
Roseland, New Jersey 07068
Phone: (973) 994-1700
Fax: (973) 994-1744
Email: [email protected]
The contents of this e-mail message are from the law firm of Carella, Byrne and any
attachments are intended solely for the addressee(s) named in this message. This
communication is intended to be and to remain confidential and may be subject to applicable
attorney/client and/or work product privileges. If you are not the intended recipient of this
message, or if this message has been addressed to you in error, please immediately alert the
sender by reply e-mail and then delete this message and its attachments. Do not deliver,
distribute or copy this message and/or any attachments and if you are not the intended
recipient, do not disclose the contents or take any action in reliance upon the information
contained in this communication or any attachments.
IRS Circular 230 disclosure:
To ensure compliance with requirements imposed by the IRS, we inform you that, unless
expressly stated otherwise, any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and cannot be used, for the
purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter addressed herein.
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use
by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that
any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly
prohibited and may be unlawful.
This email has been scanned for viruses and malware, and may have been automatically archived by
Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a
safer and
more
useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out
more Click Here.
From:
[email protected]
To:
[email protected]
Subject:
FW: Talking Points on OPRA/OPMA
Date:
Thursday, June 14, 2018 11:38:35 AM
Attachments:
image001.png
image003.png
passanate.docx
From: Lori Buckelew
Sent: Thursday, June 14, 2018 11:38 AM
To: [email protected]
Cc: Michael F. Cerra <
[email protected]>
Subject: Talking Points on OPRA/OPMA
Mayor,
As you requested, attached are some talking points on OPRA/OPMA. If you have any questions or
need additional information please do not hesitate contact on my cell 732-895-9611. I will be
heading down to the Statehouse shortly.
Lori
Lori Buckelew
Senior Legislative Analyst
NJ League of Municipalities
609.695.3481 x112
Follow us
Facebook:
facebook.com/njleague Twitter: @nj_league
LinkedIn: linkedin.com/company/new-jersey-league-of-municipalities YouTube:
youtube.com/channel/UCbce9oVw9LvO6vxNz_89mZw
This communication, including attachments, may contain information that is privileged and confidential, and it is only intended for the use
of the individual or entity to which it is addressed. If you are not the intended recipient, any disclosure, copying, distribution, or use of this
communication is prohibited. If you have received this email in error, please advise by telephone and destroy the original document.
Please be advised that the New Jersey State League of Municipalities is subject to the New Jersey Open Public Records Act. As such, any email sent or
received by the League may be subject to a records request.
From:
[email protected]
To:
[email protected]
Cc:
[email protected]
Subject:
FW: URGENT: Opposition to S-106 (OPMA) & S-107 (OPRA)
Date:
Thursday, June 14, 2018 10:48:01 AM
Attachments:
OPMA-OPRAResolutions.pdf
FYI.
From: Lisa Tilton [mailto:
[email protected]]
Sent: Thursday, June 14, 2018 10:43 AM
To: [email protected];
[email protected];
[email protected];
[email protected];
[email protected]Cc: [email protected]; Michael F. Cerra <
[email protected]>; Michael J. Darcy, CAE
<
[email protected]>;
[email protected]; Steve Martinelli Sr.
<
[email protected]>; David Turner <
[email protected]>;
[email protected]; Dominic DiYanni <
[email protected]>;
[email protected];
[email protected];
[email protected]Subject: URGENT: Opposition to S-106 (OPMA) & S-107 (OPRA)
Dear Senators:
Senator James Beach,
Senator Shirley K. Turner,
Senator Chris A. Brown,
Senator Nilsa Cruz-Perez,
Senator Samuel D. Thompson,
Please accept this email on behalf of Buena Vista Township Mayor Chuck Chiarello and Township
Committee regarding the proposed legislation S-106 and S-107 slated for discussion today at the
Senate Government, Wagering, Tourism & Historic Preservation Committee.
Buena Vista Township vehemently opposes the legislative proposals regarding the Open Public
Meetings Act (OPMA) and Open Public Records Act (OPRA) as stated in Bills S-106 and S-107.
Enactment of these bills as proposed would increase and pose unfunded mandates on municipalities
in order to comply with the new standards. Reforms can be made to recognize the burden on local
governments while honoring the intent of these Acts.
Buena Vista Township has previously opposed and continues to oppose proposed legislation to the
Open Public Meetings Act and Open Public Records Act as described in the attached adopted
resolutions. The Township strongly requests you take these resolutions under consideration and
reject Senate Bill Nos. 106 and 107 and draft new legislation to modernize OPMA and OPRA while
providing municipalities and clerks with the resources to effectuate these changes for the benefit of
the public.
Thank you for your time and consideration.
Lisa A. Tilton, RMC/CMR
Township Clerk / Registrar
Planning / Zoning Board Secretary
Insurance Fund Commissioner
Buena Vista Township
890 Harding Highway
PO Box 605
Buena, NJ 08310
856-697-2100 Ext. 11
Fax: 856-697-8651
www.buenavistanj.com
The Township of Buena Vista email system is for business purposes only. This email and any files transmitted with it are confidential and
are intended soley for the use of the individual or entity to which they are address. This communication may contain material protected
by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the email to the intended
recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this
email is strictly prohibited. If you received this email in error, please notify the sender immediately by reply email and destroy all copies
of the original mail.
From:
[email protected]
To:
[email protected]
Subject:
FW: URGENT: Opposition to S-106 (OPMA) & S-107 (OPRA)
Date:
Thursday, June 14, 2018 10:46:54 AM
Attachments:
OPMA-OPRAResolutions.pdf
From: Lisa Tilton [mailto:
[email protected]]
Sent: Thursday, June 14, 2018 10:43 AM
To: [email protected];
[email protected];
[email protected];
[email protected];
[email protected]Cc: [email protected]; Michael F. Cerra <
[email protected]>; Michael J. Darcy, CAE
<
[email protected]>;
[email protected]; Steve Martinelli Sr.
<
[email protected]>; David Turner <
[email protected]>;
[email protected]; Dominic DiYanni <
[email protected]>;
[email protected];
[email protected];
[email protected]Subject: URGENT: Opposition to S-106 (OPMA) & S-107 (OPRA)
Dear Senators:
Senator James Beach,
Senator Shirley K. Turner,
Senator Chris A. Brown,
Senator Nilsa Cruz-Perez,
Senator Samuel D. Thompson,
Please accept this email on behalf of Buena Vista Township Mayor Chuck Chiarello and Township
Committee regarding the proposed legislation S-106 and S-107 slated for discussion today at the
Senate Government, Wagering, Tourism & Historic Preservation Committee.
Buena Vista Township vehemently opposes the legislative proposals regarding the Open Public
Meetings Act (OPMA) and Open Public Records Act (OPRA) as stated in Bills S-106 and S-107.
Enactment of these bills as proposed would increase and pose unfunded mandates on municipalities
in order to comply with the new standards. Reforms can be made to recognize the burden on local
governments while honoring the intent of these Acts.
Buena Vista Township has previously opposed and continues to oppose proposed legislation to the
Open Public Meetings Act and Open Public Records Act as described in the attached adopted
resolutions. The Township strongly requests you take these resolutions under consideration and
reject Senate Bill Nos. 106 and 107 and draft new legislation to modernize OPMA and OPRA while
providing municipalities and clerks with the resources to effectuate these changes for the benefit of
the public.
Thank you for your time and consideration.
Lisa A. Tilton, RMC/CMR
Township Clerk / Registrar
Planning / Zoning Board Secretary
Insurance Fund Commissioner
Buena Vista Township
890 Harding Highway
PO Box 605
Buena, NJ 08310
856-697-2100 Ext. 11
Fax: 856-697-8651
www.buenavistanj.com
The Township of Buena Vista email system is for business purposes only. This email and any files transmitted with it are confidential and
are intended soley for the use of the individual or entity to which they are address. This communication may contain material protected
by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the email to the intended
recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this
email is strictly prohibited. If you received this email in error, please notify the sender immediately by reply email and destroy all copies
of the original mail.
From:
[email protected]
To:
[email protected]
Subject:
Fwd: MCANJ Statement OPMA OPRA
Date:
Thursday, June 14, 2018 1:13:04 PM
Sent from my T-Mobile 4G LTE Device
-------- Original message --------
From: "Galland, Kevin" <
[email protected]>
Date: 6/14/18 1:03 PM (GMT-05:00)
To: Lori Buckelew <
[email protected]>
Subject: FW: MCANJ Statement OPMA OPRA
FYI
From: Galland, Kevin
Sent: Thursday, June 14, 2018 12:15 PM
To: Mitchell, Shane (
[email protected]); '
[email protected]'
Cc: Zawadski, Dina (
[email protected]); Diane Pflugfelder (
[email protected]); Gore,
Eileen (
[email protected]);
[email protected];
[email protected];
[email protected]; Denise Cafone (
[email protected])
Subject: MCANJ Statement OPMA OPRA
Good Afternoon Shane:
Just wanted to reach out to you to let you know that the email below, sent by the current President
of the MCANJ, is the opinion of one individual who happens to be the current President of the
Association. Unfortunately, the content of the email was created without input from the balance of
the MCANJ Executive Board, nor did the balance of the Board have the opportunity to review and/or
discuss its content prior to its release.
My personal opinion was not to take a position on the amendments as I believe our meeting of April
30th was the foundation for moving forward in a positive manner. To express a negative position
would not be new news and would only reestablish/reinforce our prior adversarial relationship. It
goes without saying that our Association, representing Municipal Clerks, would have extreme
difficulty in supporting any OPRA legislation, but we are committed to working with the Senator in
the future to express, at a minimum, our differences.
Regards on behalf of the following MCANJ Executive Board:
Kevin Galland – 1st V.P.
Diane Pflugfelder – 2nd V.P.
Kim Marie White – Secretary
Denise Szabo – Immediate Past President
Joel Popkin – MCANJ Executive Director
From: Dina Zawadski [
mailto:[email protected]]
Sent: Wednesday, June 13, 2018 5:16 PM
To: [email protected]
Cc: Galland, Kevin; Diane Pflugfelder; [email protected]; [email protected];
[email protected]; Lori Buckelew (
[email protected])
Subject: statement
Good afternoon:
As President of MCANJ Association, we held many discussions with the Executive Board and MCANJ
representatives, MCANJ does not believe a realistic solution is feasible and does not seem that our
substantial differences can be resolved unless the amendments being proposed tomorrow address
our previous concerns. At this time we still oppose these bills. The costs and practical burden of
your legislation, discussed at length in the past are simply too much to overcome in attempting to
reach a consensus on the existing legislation.
Thank you.
Dina L. Zawadski, RMC,CMC
Township Clerk
MCANJ President
Public Information Officer
1011 Cooper St.
Deptford, NJ 08096
[email protected]
(p) 856-686-2203
(fax) 856-845-8804
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
DISCLAIMER: Any views expressed in this message are those of the individual sender,
except where the sender specifies and with authority, states them to be the views of the County
of Passaic. This e-mail and any attachments to it may contain confidential information and
may be legally privileged.. If you are not the intended recipient, you must not review, transmit,
convert to hard copy, copy, use or disseminate this e-mail or any attachment to it. If you have
received this e-mail in error, please immediately notify the originator by return e-mail and
delete this message. Please note that if this e-mail contains a forwarded message or is a reply
to a prior message, some or all of the contents of this message or any attachments may not
have been produced by this office. Although the County of Passaic attempts to sweep e-mails
and attachments for viruses, it does not guarantee that either are virus free and accepts no
liability for any damage sustained as a result of viruses. This message is automatically
appended to each e-mail leaving the County of Passaic e-mail system.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
From:
Paul Tomasko
To:
[email protected];
[email protected]
Subject:
Fwd: Memorandum on proposed OPRA and OPMA legislation
Date:
Tuesday, February 6, 2018 4:02:15 PM
Attachments:
[1617806] Comments to S1045-217.pdf
Comments to S1046-217.pdf
Mike and Lori,
FYI.
Are the OPMA and OPRA bills still being pushed?
Thanks,
Paul
-----Original Message-----
From: Stephanie Wehmann <
[email protected]>
To: Paul Tomasko <
[email protected]>
Cc: Nancy Wehmann <
[email protected]>
Sent: Tue, Feb 6, 2018 3:14 pm
Subject: FW: Memorandum on proposed OPRA and OPMA legislation
From: John L. Shahdanian II [mailto:
[email protected]]
Sent: Tuesday, February 06, 2018 2:35 PM
To: Stephanie Wehmann <
[email protected]>; Boro Clerk <
[email protected]>
Subject: Memorandum on proposed OPRA and OPMA legislation
Mayor Tomasko:
Attached please find the memoranda regarding the pending bills on OPRA/OPMA.
Regards,
John Shahdanian
JOHN L. SHAHDANIAN II
CHASAN LAMPARELLO MALLON & CAPPUZZO, PC
300 LIGHTING WAY, SUITE 200
SECAUCUS, NEW JERSEY 07094
201-809-6038
201-348-6633
[email protected]
DOWNLOAD VCARD
www.chasanlaw.com
Celebrating our 60th anniversary 1957-2017
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS FOR THE SOLE USE OF THE INTENDED
RECIPIENT AND MAY CONTAIN ATTORNEY CONFIDENTIAL AND PRIVILEGED INFORMATION. ANY
UNAUTHORIZED REVIEW, USE, DISCLOSURE OR DISTRIBUTION IS PROHIBITED. IF YOU ARE NOT THE
INTENDED RECIPIENT, PLEASE CONTACT THE SENDER BY REPLY EMAIL AND DESTROY ALL COPIES OF THE
ORIGINAL MESSAGE. THANK YOU.
From:
Carl Woodward
To:
Danielle Holland ([email protected]); LewisScheindlin ([email protected])
Subject:
OPRA Seminar April 16, 2018
Date:
Thursday, April 12, 2018 12:15:55 PM
Attachments:
DOCSLIB-#651139-v1-OPRA_Presentation_April_2018.DOC
Danielle,
Attached please find my update on OPRA cases for 2017 and the first quarter of 2018. It should be
available for distribution to the attendees, either in hard copy or on-line, or both. I will not be using
a Powerpoint, but will refer to various decisions summarized therein.
Please contact me with any questions. Looking forward to seeing you on Monday.
Kindest regards,
Carl R. Woodward, III
Carella, Byrne, Cecchi, Olstein,
Brody & Agnello, P.A.
5 Becker Farm Road
Roseland, New Jersey 07068
Phone: (973) 994-1700
Fax: (973) 994-1744
Email: [email protected]
The contents of this e-mail message are from the law firm of Carella, Byrne and any
attachments are intended solely for the addressee(s) named in this message. This
communication is intended to be and to remain confidential and may be subject to applicable
attorney/client and/or work product privileges. If you are not the intended recipient of this
message, or if this message has been addressed to you in error, please immediately alert the
sender by reply e-mail and then delete this message and its attachments. Do not deliver,
distribute or copy this message and/or any attachments and if you are not the intended
recipient, do not disclose the contents or take any action in reliance upon the information
contained in this communication or any attachments.
IRS Circular 230 disclosure:
To ensure compliance with requirements imposed by the IRS, we inform you that, unless
expressly stated otherwise, any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and cannot be used, for the
purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter addressed herein.
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use
by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that
any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly
prohibited and may be unlawful.
This email has been scanned for viruses and malware, and may have been automatically archived by
Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a
safer and
more
useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out
more Click Here.
From:
[email protected]
To:
[email protected]
Subject:
Personal Email under OPRA
Date:
Thursday, April 12, 2018 9:56:19 AM
Attachments:
Gettler v Wantage - OPRA Email Accounts.pdf
DAndrea v NJ Civil Service - GRC Decision.pdf
Paul,
Attached to this email please find two pdf documents. The first is William Gettler v. Twp. of
Wantage, a decision from the GRC. This case reviews the issue of redacting personal emails from an
OPRA request. The GRC analyzes disclosure using the Burnett factors and likens personal email
addresses to unlisted phone numbers, thus making it proper to redact such information.
The second pdf attached is the GRC’s final decision in James D’Andrea v. NJ Civil Service
Commission. This case upheld the Gettler ruling and reiterated that personal email addresses should
be redacted from OPRA requests.
If you have any questions or if there is anything else I can assist with, please let me know.
Regards,
Frank
Frank Marshall, Esq., Staff Attorney
New Jersey State League of Municipalities
609-695-3481 extn 137
222 West State St.
Trenton, NJ 08608
This email is not confidential communication and is read by others.
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From:
[email protected]
To:
[email protected]
Subject:
RE: MCANJ Statement OPMA OPRA
Date:
Thursday, June 14, 2018 1:20:29 PM
Huh?
From: Lori Buckelew
Sent: Thursday, June 14, 2018 1:13 PM
To: Michael F. Cerra <
[email protected]>
Subject: Fwd: MCANJ Statement OPMA OPRA
Sent from my T-Mobile 4G LTE Device
-------- Original message --------
From: "Galland, Kevin" <[email protected]>
Date: 6/14/18 1:03 PM (GMT-05:00)
To: Lori Buckelew <[email protected]>
Subject: FW: MCANJ Statement OPMA OPRA
FYI
From: Galland, Kevin
Sent: Thursday, June 14, 2018 12:15 PM
To: Mitchell, Shane ([email protected]); '
[email protected]'
Cc: Zawadski, Dina ([email protected]); Diane Pflugfelder ([email protected]); Gore,
Eileen ([email protected]); [email protected]; [email protected];
[email protected]; Denise Cafone ([email protected])
Subject: MCANJ Statement OPMA OPRA
Good Afternoon Shane:
Just wanted to reach out to you to let you know that the email below, sent by the current President
of the MCANJ, is the opinion of one individual who happens to be the current President of the
Association. Unfortunately, the content of the email was created without input from the balance of
the MCANJ Executive Board, nor did the balance of the Board have the opportunity to review and/or
discuss its content prior to its release.
My personal opinion was not to take a position on the amendments as I believe our meeting of April
30th was the foundation for moving forward in a positive manner. To express a negative position
would not be new news and would only reestablish/reinforce our prior adversarial relationship. It
goes without saying that our Association, representing Municipal Clerks, would have extreme
difficulty in supporting any OPRA legislation, but we are committed to working with the Senator in
the future to express, at a minimum, our differences.
Regards on behalf of the following MCANJ Executive Board:
Kevin Galland – 1st V.P.
Diane Pflugfelder – 2nd V.P.
Kim Marie White – Secretary
Denise Szabo – Immediate Past President
Joel Popkin – MCANJ Executive Director
From: Dina Zawadski [
mailto:[email protected]]
Sent: Wednesday, June 13, 2018 5:16 PM
To: [email protected]
Cc: Galland, Kevin; Diane Pflugfelder; [email protected]; [email protected];
[email protected]; Lori Buckelew (
[email protected])
Subject: statement
Good afternoon:
As President of MCANJ Association, we held many discussions with the Executive Board and MCANJ
representatives, MCANJ does not believe a realistic solution is feasible and does not seem that our
substantial differences can be resolved unless the amendments being proposed tomorrow address
our previous concerns. At this time we still oppose these bills. The costs and practical burden of
your legislation, discussed at length in the past are simply too much to overcome in attempting to
reach a consensus on the existing legislation.
Thank you.
Dina L. Zawadski, RMC,CMC
Township Clerk
MCANJ President
Public Information Officer
1011 Cooper St.
Deptford, NJ 08096
[email protected]
(p) 856-686-2203
(fax) 856-845-8804
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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From:
[email protected]
To:
[email protected]
Subject:
RE: OPRA In Depth: Privacy and Law Enforcement Issues
Date:
Wednesday, April 18, 2018 3:16:14 PM
Attachments:
ScheindlinLeague2018.pptx
DOCSLIB-#651139-v1-OPRA_Presentation_April_2018.DOC
Good Afternoon Edith,
For this particular seminar I am not able to offer a refund. I can send you the information from the seminar(see
attached ) and I will absolutely forward your questions onto the speakers so they can answer you directly.
Danielle Holland-Htut, Program Specialist
New Jersey State League of Municipalities
222 West State Street Trenton, NJ 08608
Phone: 609-695-3481 ext 118
Fax: 609-695-0151
[email protected]
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Records Act. As such, any email sent or received by the League may be subject to a records request.
-----Original Message-----
From: Clerk's Dept. [mailto:[email protected]]
Sent: Tuesday, April 17, 2018 4:40 PM
To: Danielle Holland
Subject: FW: OPRA In Depth: Privacy and Law Enforcement Issues
Importance: High
To: D. Holland, NJLM
From: Edith Merkel, Township Clerk, Township of Clark
Re: OPRA questions
Date: April 17, 2018
The Tax Collector and I were registered for yesterday's class. Flooding and poor visibility made it too dangerous for
us to make the trip. The PO is sitting on my desk, ready to be paid. Is the township obligated to pay even though we
could not get there? If so, can we have a credit to attend a class at a later date?
Please ask the presenters: Carl Woodward, Esq. and Lew Scheindlin, Esq. to address the following concerns:
1. Within the Tax Office I have received Oprah requests for all delinquent balances on properties, overpayments
on properties, tax sale properties and list of open Tax Liens.
I am aware, according to State Statute that we are required to provide this information.
My concerns:
1. After filing such OPRA requests as listed above, I have received numerous calls from residents:
a. Senior Citizens that had delinquent balances for taxes were receiving calls or letters from someone claiming to
be representing the tax office of Clark - and advising them that they were at risk of losing their property for this
delinquency.
b. A resident, that had an open lien on his property, came to the office very irate- saying that someone knocked
on their door saying that they were going to have their house taken away for an open lien. The resident was
extremely upset because his teenage daughter was home alone when this person came and really made her nervous.
c. Residents are receiving soliciting calls offering their services - to help them obtain a refund for an
overpayment on their taxes.
These are only a few of the scenarios. It concerns me that this information is being used to take advantage of our
citizens. Since our responsibility as Tax Collector's is to protect and serve the tax payer, I feel we need to address
this concern. There has to be a way to fulfill the requests while protecting the homeowners.
Any input would be greatly appreciated.
Thank you
Laura Caliguire
Tax Collector
Township of Clark
-----Original Message-----
From:
[email protected] <
[email protected]>
Sent: Thursday, March 01, 2018 2:31 PM
To: Clerk's Dept. <
[email protected]>
Subject: OPRA In Depth: Privacy and Law Enforcement Issues
Dear Municipal Clerk:
On April 16, 2018 at the DoubleTree Hotel in Tinton Falls from 8:30a.m. to 12:30p.m. the NJ League of
Municipalities will have a seminar titled "OPRA In
Depth: Privacy and Law Enforcement Issues." This seminar will discuss two critical areas of OPRA: the statute's
privacy provision, and OPRA's requirements governing law enforcement records. Topics to be discussed with regard
to privacy issues include: the application of OPRA's privacy exemption to various government records and
information contained in government records; recent case law developments concerning OPRA and privacy
interests; and the procedures that public bodies should follow when in receipt of an OPRA request that presents a
privacy issue. The seminar will also provide an in depth review of OPRA and law enforcement records. This
includes an overview of the statute's provisions concerning investigatory and security records, and also a discussion
of recent court cases on the public's access to law enforcement records, such as police reports and videos from
dashcams, bodycams and surveillance cameras. In addition, there will be a discussion of other recent notable OPRA
opinions issued by the courts.
Presenters:
- Carl Woodward, Esq, League Associate Counsel, Carella,Byrne,Cecchi,Olstein,Brody & Agnello,P.C.
- Lew Scheindlin, Esq, Former Assistant Attorney General for OPRA, New Jersey Division of Law, Office of
Attorney General, Firm of Lewis A. Scheindlin, Esq.
Member Rate: $70.00* / Non-Member: $90.00 *Member rate applies to: Municipalities, State, County, and
Municipal Utilities & Authorities.
CEU's - CMFO/CCFO-4.0 Off Mgmt/Anc; CTC-4.0 Gen/Sec; CPWM-4.0 Govt;RMC-4.0 Rec; QPA- 4.0 Off
Admin/Gen Duties; RPPO/RPPS-4.0 M/S; CRP-3.0 Classroom;CPA-
4.0PD;NJCLE-4.0;PACLE-3.5*
Registration: www.njslom.org/seminars/
More Information: 609-695-3481 ext 118 or
[email protected]
DISTRIBUTION: Municipal Clerk, Chief Financial Officer, Tax Collector / County Freeholder Board Clerk, Chief
Financial Officer / Authority Officials / Fire District Officials / Procurement Officials
From:
[email protected]
To:
[email protected]; [email protected]; [email protected]; [email protected];
[email protected]
Cc:
[email protected]; [email protected]; [email protected];
[email protected]
Subject:
Scheeler Decision- NJ Citizen OPRA requests
Date:
Wednesday, May 16, 2018 10:19:58 AM
Attachments:
a2092-15a2704-15a2716-15.pdf
All,
The Appellate Division, today, issued its opinion in Scheeler v. Cape May (consolidated with other
cases.) This was a published decision. The court found that OPRA requests are not limited to NJ
residents but available to all. A copy of the decision is attached.
“We conclude that the reference to "citizens" – found in N.J.S.A. 47:1A-1 and nowhere else in
OPRA — expresses the Legislature's general intent to make New Jersey government records
open to the public, rather than expressing an intent to limit access to only New Jersey residents
or domiciliaries. Because the more specific provisions of OPRA refer to "any person," and
because OPRA is to be construed broadly to achieve the Legislature's over-arching goal of
making public records freely available, we conclude that the right to request records under
OPRA is not limited to "citizens" of New Jersey.”
Frank Marshall, Esq., Staff Attorney
New Jersey State League of Municipalities
609-695-3481 extn 137
222 West State St.
Trenton, NJ 08608
This email is not confidential communication and is read by others.
Visit
NJ Municipalities’ digital bookshelf at
njmmagazine.org.
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The NJLM is subject to Open Public Records Act. Any email sent or received by the League may be subject to a records
request.
From:
[email protected]
To:
[email protected]
Cc:
[email protected]
Subject:
Talking Points on OPRA/OPMA
Date:
Thursday, June 14, 2018 11:37:32 AM
Attachments:
image001.png
image003.png
passanate.docx
Mayor,
As you requested, attached are some talking points on OPRA/OPMA. If you have any questions or
need additional information please do not hesitate contact on my cell 732-895-9611. I will be
heading down to the Statehouse shortly.
Lori
Lori Buckelew
Senior Legislative Analyst
NJ League of Municipalities
609.695.3481 x112
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This communication, including attachments, may contain information that is privileged and confidential, and it is only intended for the use
of the individual or entity to which it is addressed. If you are not the intended recipient, any disclosure, copying, distribution, or use of this
communication is prohibited. If you have received this email in error, please advise by telephone and destroy the original document.
Please be advised that the New Jersey State League of Municipalities is subject to the New Jersey Open Public Records Act. As such, any email sent or
received by the League may be subject to a records request.
From:
Lisa Tilton
To:
[email protected]; [email protected]; [email protected]; [email protected];
[email protected]
Cc:
[email protected];
[email protected]; [email protected]; [email protected]; Steve
Martinelli Sr .; David Turner;
[email protected]; Dominic DiYanni;
[email protected];
[email protected]; [email protected]
Subject:
URGENT: Opposition to S-106 (OPMA) & S-107 (OPRA)
Date:
Thursday, June 14, 2018 10:45:53 AM
Attachments:
OPMA-OPRAResolutions.pdf
Dear Senators:
Senator James Beach,
Senator Shirley K. Turner,
Senator Chris A. Brown,
Senator Nilsa Cruz-Perez,
Senator Samuel D. Thompson,
Please accept this email on behalf of Buena Vista Township Mayor Chuck Chiarello and Township
Committee regarding the proposed legislation S-106 and S-107 slated for discussion today at the
Senate Government, Wagering, Tourism & Historic Preservation Committee.
Buena Vista Township vehemently opposes the legislative proposals regarding the Open Public
Meetings Act (OPMA) and Open Public Records Act (OPRA) as stated in Bills S-106 and S-107.
Enactment of these bills as proposed would increase and pose unfunded mandates on municipalities
in order to comply with the new standards. Reforms can be made to recognize the burden on local
governments while honoring the intent of these Acts.
Buena Vista Township has previously opposed and continues to oppose proposed legislation to the
Open Public Meetings Act and Open Public Records Act as described in the attached adopted
resolutions. The Township strongly requests you take these resolutions under consideration and
reject Senate Bill Nos. 106 and 107 and draft new legislation to modernize OPMA and OPRA while
providing municipalities and clerks with the resources to effectuate these changes for the benefit of
the public.
Thank you for your time and consideration.
Lisa A. Tilton, RMC/CMR
Township Clerk / Registrar
Planning / Zoning Board Secretary
Insurance Fund Commissioner
Buena Vista Township
890 Harding Highway
PO Box 605
Buena, NJ 08310
856-697-2100 Ext. 11
Fax: 856-697-8651
www.buenavistanj.com
The Township of Buena Vista email system is for business purposes only. This email and any files transmitted with it are confidential and
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Document Outline