Dear Berkeley Township,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:

Please send your response in PDF form.

All sent and received emails for employee Debbie Winogracki from October 1, 2019 through October 14, 2019. Include subject and body of email when permitted.

Please include a Record Index with your response.
*A record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.

Yours faithfully,

ASK NJ Media Co.

Beverly Carle, Berkeley Township

The requested emails Contain 836 pages that have to be reduced to paper reviewed and redacted for Personal Identifying information. as per N.J.S.A. 47:1A-1.1 (24).The cost for the Township supplying the documents responsive to this request is a s follows:

836 Pages $41.80 As per [Paff v. Gloucester City (Camden), GRC Complaint No. 2009-102 (Interim Order dated April 8, 2010 The Council held that “[a]although the actual cost of providing records electronically is likely $0.00 because the Custodian had to make copies to redact the requested minutes prior to providing same electronically, the Custodian’s charge of $6.00 represents the actual cost to provide the records to the Complainant pursuant to N.J.S.A. 47:1A-5(b).” Id. at 17. and affirmed by Madlinger vs Berkeley Township GRC Complaint No. 2018-18, The Township special service charge calculation is based on the request will substantially disrupt the office(taking an employee away from their normal duties for more than one working day) and one minute per page 836 pages = 13.93 hours X 17.46 per hour(lowest paid employee in the office) = $243.22 Totaling $ 285.02 A Deposit of $142.51 is required before the Township will begin the work as per N.J.S.A. 47:1A-5.f (Which Represents ½ of the cost for reproduction)

show quoted sections

Dear Beverly Carle,

I'm amending my OPRA request to accommodate the agency.

Please send your response in PDF form.

All sent and received emails for employee Debbie Winogracki from October 1, 2019 through October 7, 2019. Include subject and body of email when permitted.

Please include a Record Index with your response.
*A record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.

Yours sincerely,

ASK NJ Media Co.

Karen Stallings, Berkeley Township

In light of the State of Emergency and Public Health Emergency The Township requires an extension until April 3, 2020 as per Rivera v. City of Plainfield Police Dep’t (Union), GRC Complaint No. 2009-317, Criscione v. Town of Guttenberg (Hudson), GRC Complaint No. 2010-68.
This response is being provided on the 7th BUSINESS day.

show quoted sections

Karen Stallings, Berkeley Township

The requested emails Contain 506 Pages that are required to be reduced to paper for redactions the cost is $25.30 As per [Paff v. Gloucester City (Camden), GRC Complaint No. 2009-102 (Interim Order dated April 8, 2010 The Council held that “[a]lthough the actual cost of providing records electronically is likely $0.00 because the Custodian had to make copies to redact the requested minutes prior to providing same electronically, the Custodian’s charge of $6.00 represents the actual cost to provide the records to the Complainant pursuant to N.J.S.A. 47:1A-5(b).” Id. at 17. and affirmed by Madlinger vs Berkeley Township GRC Complaint No. 2018-18, A Deposit of $13.00 is required before the Township will begin the work as per N.J.S.A. 47:1A-5.f (Which Represents approximately ½ of the cost for reproduction)

show quoted sections

Dear Karen Stallings,

I respectfully object to the special service fee. Please redact it digitally through Adobe or any other computer program.

Yours sincerely,

ASK NJ Media Co.

Karen Stallings, Berkeley Township

1. $25.30 is NOT a "special fee" it is the actual .05 cents per page cost set by statute.

2. The Township Clerk's office does NOT have redaction software. However if you require the document in that medium:
A custodian may impose a special service charge related to conversion for:
 Extensive use of technology; and
The special service charge must be based on the cost of the technology and labor actually incurred. This may include charges incurred by an outside vendor. N.J.S.A. 47:1A-5.c. The cost of Adobe pro is $180 per year.

3. An individual in New South Wales, Australia, simply put a black box over sensitive information in a PDF document. While most general users could not access what was behind those black boxes, search engines most certainly could and did. Search engines were able to index all of the information on the page, including the private and sensitive data behind the ineffective black boxes.
Therefore the Government Records Council advises that even if a municipality is using redaction software once redacted the document be reduced to paper and re-scanned to make sure the redacted information is inaccessible to individuals that are computer savvy.

In conclusion Berkeley Township's position is that any documents which needs redaction will be reduced to paper and re-scanned to be sent electronically. Therefore, there will always be the permitted .05 per page cost.

show quoted sections