NJ-SR for Open Gov

Dear South River Borough,

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:

All Email sent or received for the following person(s) and dates:

1. Sent , received or cc'd : emails / attached documents (to or from) Christina Sudo; to the following persons Mark Tinitigan, Jack Layne, Shawn Haussermen dated: 09/17/2018, 9/21/2018, 9/24/2018, 9/25/2018, 9/26/2018, 9/27/2018,10/04/2018.

2. Sent and receive or cc'd: emails / attached documents (to or from) Jack Layne to Michael Postorino Subject: "EMS Services" Dated: 12/13/2018.

3. All emails / attached documents which were sent, received,cc'd; by the Borough Administrator, Arthur Londensky Dated: 02/08/2019, 02/14/2019.

4. All emails / attached documents which were sent, received,cc'd; by Councilmen Jack Alai to Borough Administrator Jack Layne Dated: 01/8/2019

Yours faithfully,

NJ-SR for Open Gov

Bill Bray, South River Borough

The emails that are responsive to this request are being reviewed by the Borough staff to determine if any redactions are require. The Borough will need until Monday May 6 to respond to your request.

show quoted sections

Bill Bray, South River Borough

1 Attachment

Dear Anonymous Requestor,

The Borough of South River received your Open Public Records Act (OPRA) request on April 22, 2019. The official Records Custodian, William Bray, received your OPRA request on April 22, 2019. As such, the seven (7) business day deadline to respond to your request is May 1, 2019. On Monday, April 29, 2019, the Records Custodian informed you that this request required an extension to Monday May 6, 2019 to allow for any necessary redactions. This response to your request is being provided to you on the 9th business day after the custodian’s receipt of said request, two days after notification of an extension and one business day before the extended deadline.

You requested:
“All Email sent or received for the following person(s) and dates:

1. Sent , received or cc'd : emails / attached documents (to or from) Christina Sudo; to the following persons Mark Tinitigan, Jack Layne, Shawn Haussermen dated: 09/17/2018, 9/21/2018, 9/24/2018, 9/25/2018, 9/26/2018, 9/27/2018,10/04/2018.

2. Sent and receive or cc'd: emails / attached documents (to or from) Jack Layne to Michael Postorino Subject: "EMS Services" Dated: 12/13/2018.

3. All emails / attached documents which were sent, received,cc'd; by the Borough Administrator, Arthur Londensky Dated: 02/08/2019, 02/14/2019.

4. All emails / attached documents which were sent, received,cc'd; by Councilmen Jack Alai to Borough Administrator Jack Layne Dated: 01/8/2019

Item number (1) is attached. Please note the email of Oct. 4 has been redacted due to attorney client privilege.

Item number (2) is attached.

For items number (3) and (4) are overly broad, not appropriate requests and are therefore denied.

A requestor must specifically describe the document sought. Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005). “As such, a proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency’s documents.” Bent v. Stafford Police Department, 381 N.J. Super. 30, 37 (App. Div. 2005).

If the requestor is requesting correspondence, the requestor must identify the content or subject of the email, the specific date or range of dates, and the identity of the sender or recipient. MAG Entm’t, LLC v. Div. of ABC, 375 N.J. Super. 534, 546 (App. Div. 2005); Bent v. Stafford Police Dep’t, 381 N.J. Super. 30, 37 (App. Div. 2005); NJ Builders Assoc. v. NJ Council on Affordable Hous., 390 N.J. Super. 166, 180 (App. Div. 2007); Elcavage v. West Milford Twp., GRC Complaint Nos. 2009-07; Verry v. Franklin Fire Dist. 1, GRC Complaint 2014-387.

If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of South River to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.

Sincerely,

Bill Bray, RMC
Borough Clerk
Borough of South River
48 Washington Street
South River, NJ 08882
(732) 257-1999, ext. 116
Fax (732) 613-6105

show quoted sections