Dear Rutgers University,

Under OPRA and common law right of access, please provide copies of all emails between university employee Dory Devlin ([email address]) and Brendan Brightman ([email address]) during the period of September 16-September 22.

Yours faithfully,

Charlie Kratovil

Rutgers Open Public Records Center,

   
 
 
Dear Charlie Kratovil,

Thank you for registering with Rutgers, The State University of New
Jersey Open Public Records Center, an online, public portal. Below you
will find your portal login and password information .

Login:  [OPRA #7383 email]
 
If you have never used this system or cannot remember your password, you
may request a [1]Temporary Password
 

If you are a first time user and did not submit your request through the
public portal but are receiving this e-mail, an account has been created
for you with the login and password listed above. At this account you can
access, track and receive any documents in response to your request.

Please log in to the [2]Rutgers University Open Public Records Center and
then "My Request Center" to update any contact or password information on
your account and to view your request.

The University Custodian of Records will contact you if there are
questions regarding your request or provide you a response. If you have
questions, you may contact the OPRA Administrator at 973.972.1887.
Thank you again for registering with the Rutgers University Open Public
Records Center.
 
 
This is an auto-generated email and has originated from an [3]GovQA
unmonitored email account. Please DO NOT REPLY. logo

 

References

Visible links
1. https://rutgers.mycusthelp.com/WEBAPP/_r...
2. https://rutgers.mycusthelp.com/WEBAPP/_r...

Rutgers Open Public Records Center,

Dear Mr. Kratovil:

Thank you for submitting your request for government records of Rutgers,
The State University of New Jersey. Your request has been received and is
being processed in accordance with the New Jersey Open Public Records Act
(OPRA), NJSA 47:1 et seq. Your request was received through the online,
public portal [1]Rutgers University Open Public Records Center of this
office on 9/27/2019 and given the reference number R005311-092719.  

Your request will be forwarded to the Office of the Custodian of
Records for review and processing, including determining the volume of
responsive documents and any potential costs associated with satisfying
your request. Please note, the N.J. Open Public Records Act does not
require the University to create new documents, to conduct research, or to
answer questions for information.

Records Requested: Under OPRA and common law right of access, please
provide copies of all emails between university employee Dory Devlin
([email address]) and Brendan Brightman ([email address])
during the period of September 16-September 22.

The Office of the Custodian of Records uses the [2]Rutgers University Open
Public Records Center to communicate with you, respond to and track all
open public records requests.  If you have submitted your request
electronically through Rutgers Open Public Records Center portal, you have
already been required to create an account.

Notice to First Time Portal Users:

If you are a first time user and did not submit your request through the
public portal, you are receiving this request because the Rutgers Office
of the Custodian has created an account for you at the [3]Rutgers
University Open Public Records Center . 

To access your account and view your request:

1.Go to: [4]Rutgers University Open Public Records Center.

2. Select/open  "My Records Center"
3. Enter your email and password as provided in your previously received
Welcome Letter.

You can monitor your request through the [5]Rutgers University Open Public
Records Center at "My Request Center."

Thank you and if you have questions, you  may contact the OPRA
Administrator at (973) 972-1981.

 

Rutgers, The State University of New Jersey

University Custodian of Records

Office of Enterprise Risk Management, Ethics and Compliance

65 Bergen Street, Ste. 1346 

Newark, New Jersey 07101-1709

Phone: (973) 972-1981

Fax: (973) 972-2396

References

Visible links
1. https://u8387795.ct.sendgrid.net/wf/clic...
2. https://u8387795.ct.sendgrid.net/wf/clic...
3. https://u8387795.ct.sendgrid.net/wf/clic...
4. https://u8387795.ct.sendgrid.net/wf/clic...
5. https://u8387795.ct.sendgrid.net/wf/clic...

Rutgers Open Public Records Center,

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R005311-092719

 

Dear Mr. Kratovil,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On September 27, 2019, this office received your request for the
following:

“Under OPRA and common law right of access, please provide copies of all
emails between university employee Dory Devlin ([email address])
and Brendan Brightman ([email address]) during the period of
September 16-September 22.”

The University has reviewed your request and requires an extension
until October 22, 2019. We are conducting a search for emails during the
time frame requested where the sender/recipient = [email address],
and will respond as soon as is practicable. We have a University-wide
outreach project organized by our department from October 14-18, and we
expect some delays during this period. We appreciate your patience during
this time. 

If you have any questions or concerns, please contact me at my office at
973.972.1887.

 

Sincerely,

 

Casey Woods

OPRA Custodian

Rutgers, The State University of New Jersey

 

 

973.972.1887

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/wf/clic...

Rutgers Open Public Records Center,

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R005311-092719

 

Dear Mr. Kratovil,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On September 27, 2019, this office received your request for the
following:

“Under OPRA and common law right of access, please provide copies of all
emails between university employee Dory Devlin ([email address])
and Brendan Brightman ([email address]) during the period of
September 16-September 22.”

The University has reviewed your request and requires an extension
until October 25, 2019. We are completing our review of the requested
records and will provide them to you as soon as is practicable. 

If you have any questions or concerns, please contact me at my office at
973.972.1887.

 

Sincerely,

 

Casey Woods

OPRA Custodian

Rutgers, The State University of New Jersey

 

 

973.972.1887

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/wf/clic...

Rutgers Open Public Records Center,

Attachments:
[1]5311_Redacted.pdf

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request, #R005311-092719

Dear Mr. Kratovil,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On 9/27/2019 8:15:51 AM, this office received your request for
the following:

“Under OPRA and common law right of access, please provide copies of all
emails between university employee Dory Devlin ([email address])
and Brendan Brightman ([email address]) during the period of
September 16-September 22.”

The OPRA Administrator has reviewed your request. The responsive
document(s) are now available to you through the [2]Rutgers University
Open Records Center. Please log in to the [3]Records Center and "My
Records Center" to retrieve the appropriate responsive document(s). You
will find the responsive record(s) attached to this email for your
convenience. 

Please note, the responsive record has been redacted due to privacy
concerns N.J.S.A. 47:1A-1.1.1. OPRA specifically places on the University
“a responsibility and an obligation to safeguard from public access a
citizen’s personal information with which it has been entrusted when
disclosure thereof would violate the citizen’s reasonable expectation of
privacy.” Serrano v. South Brunswick Twp., 358 N.J. Super. 352, 368 (App.
Div. 2003). New Jersey courts and the Government Records Council (“GRC”)
have consistently held that an individual has a reasonable expectation of
privacy in keeping his or her address out of the public domain. In Doe v.
Poritz, 142 N.J. 1, 82 (1995), the New Jersey Supreme Court acknowledged
that disclosure of an individual’s home address, or other personally
identifiable information, invokes privacy concerns, particularly when such
disclosure could result in “unsolicited contact or intrusion.” In order to
uphold the University’s obligations to protect an individual’s reasonable
expectation of privacy, we have redacted any and all personally
identifying information.

In addition, please note that we have redacted information which is exempt
as trade secrets and information which, if disclosed, would give an
advantage to competitors or bidders. N.J.S.A. 47:1A-1.1.
If your request has been denied, you may take your appeal to the New
Jersey Government Records Council (NJGRC), which has mediation and dispute
resolution procedures, or you may file a lawsuit with the New Jersey
Superior Court, as provided by N.J.S.A. 47:1A-1, et seq. Your rights of
appeal is provided with this letter at [4]Public Facing Pages of the
Rutgers University Open Public Records Request Center. You may also review
the brochure at the [5]Rutgers Custodian of Records page or visit the
[6]NJGRC page.

If you have any questions, or wish to discuss this further, you may
contact my office at 973.972.1887.

Casey Woods

OPRA Custodian

Office of Custodian of Records

Rutgers, The State University of New Jersey

 

 

973.972.1887

To monitor the progress or update this request please log into the [7]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/wf/clic...
2. https://u8387795.ct.sendgrid.net/wf/clic...
3. https://u8387795.ct.sendgrid.net/wf/clic...
4. https://u8387795.ct.sendgrid.net/wf/clic...
5. https://u8387795.ct.sendgrid.net/wf/clic...
6. https://u8387795.ct.sendgrid.net/wf/clic...
7. https://u8387795.ct.sendgrid.net/wf/clic...

Charlie Kratovil,

1 Attachment

Dear Rutgers University,

I must object to the redaction of the records provided in response to my request. Are you actually deeming anything in these emails to be "trade secrets" and if so, to whom do these secrets belong? Under what basis did you make this determination? Whose interests are you protecting?

Additionally, you have again failed to consider that my request was also made under common law right of access. I'd be happy to elaborate on the situation for these purposes. As you know, I am a reporter covering issues of community concern here in New Brunswick and especially at my alma mater, Rutgers University. The planet where we all live is in danger of becoming uninhabitable for future generations due to, among other things, the massive pollution and devastation that results from continuing fossil fuel extraction, refining, and distribution, as well as the burning of those fuels into the atmosphere. The University President, through officials in his administration, made statements to the official student newspaper of Rutgers that appeared to support one of the key goals of a growing protest movement that is seeking to pressure the university into taking swift action to address this crisis, which I will point out threatens the very existence of our species. However, at a public appearance shortly thereafter, the President was questioned about his position by someone who cited an article by this newspaper which included statements reportedly from his administration. The President proceeded to make a joke at the newspaper's expense, and appeared to call into question the accuracy of their recent reporting. The President has thus far failed to retract or correct any of his somewhat contradictory statements on the matter. Because this matter has already been reported in multiple news outlets with a large followings, the public has a strong interest in learning what the University's records show about the conversations between the student newspaper and the President's administration. For myself and the other members of our news team, in order to truly understand the records, both sides of the conversations must be released to us. Removing one side of these conversations from the records that Rutgers produces is not appropriate under these circumstances.

I would respectfully request that you re-examine the records and provide un-redacted copies. I will look forward to your response to this request for re-consideration.

Yours sincerely,

Charlie Kratovil

Dear Rutgers University,
Please confirm you have received my request for reconsideration of this request. Thank you.

Yours faithfully,

Charlie Kratovil

Rutgers Open Public Records Center,

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request, # R005311-092719

Dear Mr. Kratovil,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On September 27, 2019, this office received your request for the
following:

“Under OPRA and common law right of access, please provide copies of all
emails between university employee Dory Devlin ([email address])
and Brendan Brightman ([email address]) during the period of
September 16-September 22.”

The records that we have provided have been redacted to protect
proprietary information from another journalist. If you wish to receive
un-redacted copies we would need confirmation from Brendan Brightman, that
he wishes to waive his right to the proprietary newsgathering information.
Under the common-law analysis, Mr. Brightman has an established interest
in these records. 

If you have any questions or need additional information, please feel free
to contact my office at 973.972.1887.

Sincerely,

Casey Woods

OPRA Custodian

Rutgers, The State University of New Jersey

 

 

973.972.1887

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/wf/clic...