South River - Meta Data Email Logs - Electronic Files / Document(s)

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

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:

I am seeking a electronic meta data email log(s) / document(s) of all emails to and from the identified emails during the specified time frames that shows the sender, recipient, c.c., date and subject. Please see the Paff vs. Township of Galloway Supreme Court decision from 2017, which held, this is a valid request.

1. Copies of email logs for Borough Administrator Jack Layne from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

2. Copies of email logs for South River Police of Chief Mark Tinitigan from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

3. Copies of email logs for Councilmen Shawn Hausserman from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

4. Copies of email logs for Councilmen John Alai from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

5. Copies of email logs for Mayor John Krenzel from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

Yours faithfully,

NJ-SR for Open Gov

Bill Bray, South River Borough

The Borough of South River received your Open Public Records Act (OPRA) request on February 13, 2019. The official Records Custodian, William Bray, received your OPRA request on February 13, 2019. As such, the seven (7) business day deadline to respond to your request is February 25, 2019. This response to your request is being provided to you on the 6th business day after the custodian’s receipt of said request.

You requested:

1. Copies of email logs for Borough Administrator Jack Layne from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

2. Copies of email logs for South River Police of Chief Mark Tinitigan from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

3. Copies of email logs for Councilmen Shawn Hausserman from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

4. Copies of email logs for Councilmen John Alai from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

5. Copies of email logs for Mayor John Krenzel from July 2, 2017 thru December 31, 2017. Please include sender, recipient, date and subject.

The Borough of South River will generate the documents requested from the information maintained on its server. However, the Borough does not have an on-staff IT personnel but contracts with a third party vendor. Your request is beyond the scope of their contract with South River and therefore generates an additional cost to the Borough of $135. Pursuant to NJSA 47:1A-5(d), this cost may be passed on to the requestor. Therefore, please remit payment of $135 to my office and the Borough will provide you with the information that has been maintained on its server responsive to your request.

Additionally, we previously received a substantially similar request for e-mail logs for the first half of 2017, through the OPRA machine website. If this is also your request please identify it as such so that our IT contractors can handle both request simultaneously and save you money. If run separately, it would result in another $135 charge to that requestor.

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.

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NJ-SR for Open Gov

Dear Bill Bray,

I am objecting to the Borough's high fees for the (email log) electronic file OPRA request. I believe this request is a reasonable OPRA request which consists of an electronic meta data which the government stores on their computer/servers already.

In addition, the meta data of email logs are not time consuming to pull utilizing an out look type program. Furthermore, the requested records are routine and have been provided and maintained by many NJ Municipalities for free of charge and submitted to this OPRA machine web site by other Municipalities, both small and large in size.

I will make mention, in the recent Supreme Court ruling Paff vs. Galloway Twp. the court ruled that the meta data email logs were a reasonable request, which did not take much time to gather by the government.

I have reason to believe since many other municipalities have provided their email meta data electronic files for no charge; the Borough of South River is responding to requester(s) on this platform requesting or claiming a large expense to deter the requester from retrieving the requested meta data email electronic logs.

In addition, the requester should not be burden with the high costs or high fees for an outside vendor to retrieve this electronic email log(s) which is already on the Borough's computer / server, because the Borough chooses not to fulfill their routine and standard OPRA record keeping responsibilities to general public and citizens of New Jersey.

Last, I would like to respond to your comment to my request; as to me, making the other requests for similar email logs. I have not requested any other meta data email logs from the Borough of South River on this site other then this request.

I ask that the Borough of South River rescind their high fee / service charge and; fulfill the requested electronic meta data email log(s).

Yours sincerely,

NJ-SR for Open Gov