Dear New Jersey Department of Environmental Protection,

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:

Email communications to and from Catherine McCabe from 1-1-2018 through 12-18-2019 regarding the MLK House in Camden with the following queries:
"Patrick Duff"
"MLK House"
"753 Walnut"

Yours faithfully,

Patrick Duff

Dear New Jersey Department of Environmental Protection,
I never received a response to this one. Is it being filled today?

Yours faithfully,

Patrick Duff

Records, DEP,

Good morning Mr. Duff,

We will be in contact with you later today.

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Dear Records, DEP,

When you say you will be in contact, are you saying someone will call me or that you will fill my request?

Yours sincerely,

Patrick Duff

Records, DEP,

The newest update is that we need to request an extension to 1/6/20. See below:

The New Jersey Department of Environmental Protection, Office of Record Access received your Open Public Records Act (OPRA) request on 12/18/19 to which the above tracking number was assigned. As such, the seven (7) business day deadline (due date) to respond to your request is 12/30/19.

Your request requires additional time beyond the due date because of the time required to search for the responsive records. Your request requires an extension of time until [1/6/20].

Please confirm your acceptance or denial of this request within three (3) business days by replying to this E-mail. Failure to respond will be considered an acceptance of the revised due date which includes the three (3) business days for this response.

Please be advised that by agreeing to the new due date you are not waiving any of your rights under N.J.S.A. 47:1A-1 et seq.

Thank you,

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Dear Records, DEP,

I do not agree with needing an extra week to query the emails for such specific things and I refuse your request.

Please provide the records by the end of today.

Yours sincerely,

Patrick Duff

Records, DEP,

Mr. Duff:

The extension relates to the review of the identified email records for privilege concerns.

Records Custodian Mailbox
NJDEP - Office of Record Access
(609) 341-3121

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Dear Records, DEP,

What is so privileged about a historical application and or myself that has to be redacted? Think about that for a bit. It makes 0 sense. I received emails from the national park service that were completely without redaction that you redacted the email. It was clear as to why you redacted it though, because Andrea Tingey only told a small portion of the evidence and skewed the story so as to get the response she was seeking, not get an honest assessment of the actual evidence. Since this is the only way and DEP or HPO official will communicate with me I am giving you fair warning that on Dr. King's birthday I will be filing a lawsuit against you and having a press conference in front of your building. You have attempted to defame and belittle my work, now you will have to explain why.

Yours sincerely,

Patrick Duff

Records, DEP,

Mr. Duff:

We apologize for the inconvenience, but with regards to the extension, do you accept it or not? It is not apparent in your reply.

Records Custodian Mailbox
NJDEP - Office of Record Access
(609) 341-3121

NOTE: This E-mail is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be Privileged & Confidential due to the Attorney-Client Privilege, Attorney Work Product, and Deliberative Process or under the New Jersey Open Public Records Act. If you are not the intended recipient of this e-mail, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute it.

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Dear Records, DEP,
I reject the very thought of needing to redact anything that is being said about me in what should be very basic emails. This doesn't add to the transparency that OPRA was intended to ensure, now does it?

I will give you an extra day to figure out what to make non transparent.

Yours sincerely,

Patrick Duff

Coefer, Matt,

1 Attachment

Mr. Duff:

Attached is the NJDEP's response to your request.

Matthew J. Coefer. Chief Records Custodian
NJDEP - Office of Record Access
(609) 633-1339

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Dear Coefer, Matt,

I will allow your extension but it still makes mo sense. Why ask for my approval and not explain what happens if I don't get it. This is why people do not trust the government.

Yours sincerely,

Patrick Duff

Coefer, Matt,

1 Attachment

Mr. Duff:

I apologize for any confusion regarding the NJDEP's disposition to your request resulting from declining the extension request. If an agency requires additional time to process the request, and a Requester does not grant the request, the agency has no choice but to denial the request as an accommodation has not been reached between the agency and the Requester. Otherwise, OPRA deadlines would have no meaning between the two parties.

Based on your email approving the extension, the NJDEP has re-opened the request and completed the review of the responsive email records. The NJDEP's revised response is attached hereto.

Sincerely,

Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339

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Dear Coefer, Matt,

So you are denying me all of the 27 emails anyway? I am even more confused. Are you saying I cannot have access to any of the emails that a government employee sent or received about myself and my project? Please advise.

Yours sincerely,

Patrick Duff

Coefer, Matt,

Mr. Duff:

That is correct. Pursuant to OPRA, these records are not government records that are disclosable.

Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339

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Dear Coefer, Matt,

Please provide me with an itemized list of each email with the senders and receivers and the legal reasons for each email never being produced.

Yours sincerely,

Patrick Duff

Coefer, Matt,

1 Attachment

Mr. Duff:

Attached is the requested privilege log.

Matthew J. Coefer, Chief Records Custodian
NJDEP – Office of Record Access
(609) 633-1339

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