Emails violating professionalism standards

Waiting for an internal review by Collingswood Borough of their handling of this request.

January 10, 2021
K. Holly Mannel, RMC
Clerk
Borough of Collingswood
678 Haddon Avenue
Collingswood, NJ 08108

RE: OPRA Request for Electronic mail containing coarse or offensive language

Dear Ms. Mannel,

Pursuant to the Open Public Records Act, Common Law Right of Access, I request the following electronic mail records.

Sender: Any municipal employee with an email account
Recipient: Any recipient
Date range: January 1, 2017 to January 9, 2021
Text is subject line or body of the message:
“Fudgepacker” OR “Fairy” OR “Faggot” OR “Fag” OR” Sissie” OR “Girly Man” OR “Girly Men” OR “Girlie Man” OR “Girlie Men” OR “Queer” OR “Queers” OR “Dyke” OR “cunt” OR “Pussy” OR “pussie” OR “Tranny” OR “Trannie” OR “Shim” OR “Aunt Jeminia” OR “Nigger” OR “Chink” OR “Spook” OR “Slant eye” OR “Camel Jockey” OR “wet back” OR “Coon” OR “Coon-ass” OR “Gook” OR “Gooky” OR “Goomba” OR “Goy” OR “Kike” OR “wetback” OR “Spic” OR “Spick” OR “asshole” OR “bitch” OR “TWAT” OR “Cunt” OR “Hymie” OR “jew boy” OR “Jigaboo” OR “Sand Nigger” OR “Taco Head” OR “tacohead” OR “Towel Head” OR “Dot head” OR “towelhead” OR “dothead” OR “ghetto” OR “shit” OR “shit show” OR “shitshow” OR “bastard” OR “fuck” OR “fucker” OR “fuckin” OR “fucking” OR “tits” OR “tit” OR “piss” “cocksucker” OR “motherfucker” OR “sexy”

Same may be delivered to me via PDF format to this e-mail address.

I have not been convicted of any indictable offense.

Very truly yours,

Brian McBride
86 Goodwin Parkway
Sewell, NJ 08080
(856) 352-2995

Mr. McBride,

I am in receipt of your OPRA request dated January 11, 2021 for electronic mail records.

Your request is denied as you have not identified any government record. A government record is defined as a document “that has been made, maintained or kept on file in the course of his or its official business . . . or that has been received in the course of his or its official business.” N.J.S.A. 471A-1.1.

The request does not identify a specific government record sought; rather, it seeks email communications containing certain keywords.
An e-mail prepared by a municipal employee is not automatically considered a government record for the purposes of OPRA.

The request also is overbroad as it does specifically identify a sender and/or recipient.

Thank you.

K. Holly Mannel
Borough of Collingswood
Borough Clerk
678 Haddon Avenue
Collingswood, NJ 08108
(856) 854-0720 ext. 127
(856) 854-0632 Fax
[Collingswood Borough request email]

WARNING:
Email received by or sent to Borough officials is subject to the Open Public Records Act [OPRA]. This means that absent some specific privilege, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.

show quoted sections

Dear [email address],

The denial is in appropriate pursuant to the Supreme Court of New Jersey's Ruling in Paff v. Galloway Township. Moreover, the Government Records Council states that a proper request for email "should" have the factors provided in my request. It does not say I "must" have those terms.

Therefore, I will revise:
Date range: January 1, 2017 to December 21, 2020
Sender: Any Collingswood police officer of any rank, employee of the Department of Public Works of any title, or any Member of the Collingswood Fire Department of any rank
Recipient: Any recipient
Subject: Any subject
Words in the body of the message
Sender: Any municipal employee with an email account
Recipient: Any recipient
Date range: January 1, 2017 to January 9, 2021
Text is subject line or body of the message:
“Fudgepacker” OR “Fairy” OR “Faggot” OR “Fag” OR” Sissie” OR “Girly Man” OR “Girly Men” OR “Girlie Man” OR “Girlie Men” OR “Queer” OR “Queers” OR “Dyke” OR “cunt” OR “Pussy” OR “pussie” OR “Tranny” OR “Trannie” OR “Shim” OR “Aunt Jeminia” OR “Nigger” OR “Chink” OR “Spook” OR “Slant eye” OR “Camel Jockey” OR “wet back” OR “Coon” OR “Coon-ass” OR “Gook” OR “Gooky” OR “Goomba” OR “Goy” OR “Kike” OR “wetback” OR “Spic” OR “Spick” OR “asshole” OR “bitch” OR “TWAT” OR “Cunt” OR “Hymie” OR “jew boy” OR “Jigaboo” OR “Sand Nigger” OR “Taco Head” OR “tacohead” OR “Towel Head” OR “Dot head” OR “towelhead” OR “dothead” OR “ghetto” OR “shit” OR “shit show” OR “shitshow” OR “bastard” OR “fuck” OR “fucker” OR “fuckin” OR “fucking” OR “tits” OR “tit” OR “piss” “cocksucker” OR “motherfucker” OR “sexy”

Yours sincerely,

Brian F. McBride