Charlie Kratovil

Dear Middlesex County,

Under OPRA and the common law right of access, please provide copies of any contracts, including warranty and support agreements, currently in effect between Middlesex County (and/or the Board of Elections) and the vendor Election Systems & Software (ES&S).

Please also provide copies of all documents and records received from or sent to the vendor, including bills, bids, quotations, proposals, and other written correspondence (including emails and calendar invitations) since January 1, 2018.

Please also provide either a vendor report and/or copies of checks to show the total amount paid to the vendor since January 1, 2018.

Yours faithfully,

Charlie Kratovil

Middlesex County OPRA Center,

--- Please respond above this line ---

Good morning Mr. Kratovil:

The County is in receipt and has begun processing your OPRA request for
the following:

Under OPRA and the common law right of access, please provide copies of
any contracts, including warranty and support agreements, currently in
effect between Middlesex County (and/or the Board of Elections) and the
vendor Election Systems & Software (ES&S).

Please also provide copies of all documents and records received from or
sent to the vendor, including bills, bids, quotations, proposals, and
other written correspondence (including emails and calendar invitations)
since January 1, 2018.

Please also provide either a vendor report and/or copies of checks to show
the total amount paid to the vendor since January 1, 2018.

 With regard to the portion of your request pertaining to emails, please
be advised that further clarification is being sought in order to locate
the emails requested. Specifically, to perform a thorough email search,
the County requires (1) the subject and/or keyword of the email; (2) the
identity of the sender and/or recipient thereof; and (3) a specific date
or range of dates during which the email(s) were transmitted. This
criteria has been deemed necessary under OPRA by the Government Records
Council for a request to be valid. See Elcavage v.West Milford Twp.
(Passaic), GRC Complaint No. 2009-07 (April 2010). The County cannot
formulate this criteria for you, as this could result in an inaccurate
production of documents.  Based on your request, please provide additional
information regarding the search criteria, so that the County can locate
the specific records requested.

 If you would like the County to proceed with this portion of your OPRA
request, please respond in writing within seven (7) days. If no response
is received from you, the County will consider this OPRA request
withdrawn.

Sincerely,

Amy Petrocelli
Clerk of the Board

 

Middlesex County OPRA Center,

Attachments:
[1]ES_S_HARDWARE_MAINT_PROGRAM_PRICING_022219.pdf
[2]ES_S_HARDWARE_MAINT_PROGRAM_DESCRIPTIONS_022219.pdf
[3]Q-1960_VOTING_MACHINES_-_FINAL_010419.pdf
[4]Q-1960_voting_machine_purchase_order_details_-_revised_022719-1.pdf
[5]Q-1960_VOTING_MACHINE_SALES_AGREEMENT_-_EXECUTED.pdf
[6]Q-1960_ES_S_updated_quote_022519.pdf

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Mr. Kratovil:

Per your request, please see the attached. I anticipate more documents
will be forthcoming.

Sincerely,

Amy Petrocelli

Clerk of the Board

References

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Charlie Kratovil,

6 Attachments

Records supplied on June 15

Middlesex County OPRA Center,

Attachments:
[1]ELECTION_SYSTEMS__SOFTWARE_LLC_VENDOR_PAYMENTS.pdf

--- Please respond above this line ---

Mr. Kratovil:
 
Per your request, please see the attached.
 
Sincerely,
Amy Petrocelli
Clerk of the Board
 

References

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Charlie Kratovil

Dear Middlesex County OPRA Center,

With regard to the portion of my request for emails, you requested the following information from me:

(1) the subject and/or keyword of the email;
(2) the identity of the sender and/or recipient thereof;
(3) a specific date or range of dates during which the email(s) were transmitted.

My responses are as follows:
1) "ES&S" and/or "Election Systems & Software"
2) Thomas Lynch, Steve Nyers, and the members of the Board of Elections
3) January 1, 2018 through today, July 1, 2021

Please provide the emails. Please also provide the requested calendar invitations. Thank you.

Yours sincerely,

Charlie Kratovil

Middlesex County OPRA Center,

Attachments:
[1]OPRA_No._12054_-_Response.pdf

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Good Afternoon:

The County has processed your OPRA request for email records. The search
yielded 8,011 emails based on the following electronic search:

TO/FROM:                 Thomas Lynch. Steve Nyers, Daniel
Frankel, Beatrice Moskowitz, Donald Katz, and/or Sylvia Engel
KEYWORDS:            "ES&S" and/or "Election Systems & Software"
DATE:                        January 1, 2018 through July 1, 2021

This request is estimated to take an extraordinary amount of time to
fulfill due to the sheer volume of emails which will require legal review
prior to release. OPRA allows public agencies to impose special service
charges whenever the nature, format, manner of collation, or volume of a
government record embodied in the form of printed matter to be inspected,
examined, or copied pursuant to this section is such that the record
cannot be reproduced by ordinary document copying equipment in ordinary
business size or when fulfilling a request requires an extraordinary
expenditure of time and effort. See N.J.S.A. 47:1A-5(c).  Special service
charges must be based upon the actual direct cost of providing the copy or
copies.  Due to the nature of your request, an extraordinary expenditure
of time is estimated in order to fulfill your request. 

Below represents a breakdown of the estimated time and materials to be
expended:

Total hours estimated:        100
Employee hourly rate:        $43.85

The total estimated amount due to fulfill this request is $ 4,385.00.
Please advise if you agree to payment of this special service charge. Upon
receipt of payment, the County will begin to process your request. If less
time is required to fulfill this request, the difference will be returned
to you. If no response is received within seven (7) days, the County will
consider this request withdrawn and will close the request.

In the alternative, the County is providing you with email logs
representing the results yielded by the above email search. 

Please contact me if you have any questions.

Alessandra A. Baldini, Esq., MPA
Deputy County Counsel
Office of the County Counsel
 

References

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