Text Messages Between Election Board Members Frankel and Moskowitz 6/30/ 2021

The request was successful.

Charlie Kratovil

Dear Middlesex County Board of Elections,

Under OPRA and the common law right of access, please provide copies of all text messages sent on 6/30/2021 to Dan Frankel from Beatrice Moskowitz, and all text messages sent on 6/30/2021 to Beatrice Moskowitz from Dan Frankel.

Yours faithfully,

Charlie Kratovil

Middlesex County OPRA Center,

--- Please respond above this line ---

Good Morning:

Please be advised that the County is in receipt of your OPRA Request.
Additional clarification is being sought which is necessary to process
your request. 

With respect to requests for e-mails and correspondence, the GRC
established specific criteria deemed necessary under OPRA to request such
records in Elcavage v. West Milford Twp. (Passaic), GRC Complaint No.
2009-07 (April 2010). The Council determined that to be valid, such
requests must contain (1) the content and/or subject of the email, (2) the
specific date or range of dates during which the email(s) were
transmitted, and (3) the identity of the sender and/or the recipient
thereof. Id.; see also Sandoval v. N.J. State Parole Bd., GRC Complaint
No. 2006-167 (Interim Order dated March 28, 2007). The Council has also
applied the criteria set forth in Elcavage to other forms of
correspondence, such as letters and text messages. See e.g. Armenti v.
Robbinsville Bd. of Educ. (Mercer), GRC Complaint No. 2009-154 (Interim
Order dated May 24, 2011); Alt v. City of Vineland (Cumberland), GRC
Complaint No. 2013-205 (June 2014). 

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 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consider this OPRA request withdrawn.

Very truly yours,

Alessandra A. Baldini, Esq., MPA

Deputy County Counsel

Office of the County Counsel

Charlie Kratovil

Hello,
I thought my request was clear. I am requesting ALL text messages between two members of the Board of Elections for the date of June 30, 2020.

I've already identified the date range in question (June 30, 2020), and the two parties who were texting. As far as the content and/or subject of the message, that would be Board of Elections business. I am particularly interested in messages that were sent during the board meeting, which began at 3:00pm. Not realizing she was being recorded, one board member alluded to a text message sent to another board member. That said, I am requesting ALL text messages between those two board members (Moskowitz and Frankel) during the entire day (June 30, 2020), on the subject of Board of Elections business.

Yours sincerely,

Charlie Kratovil

Niki Athanasopoulos, Middlesex County Board of Elections

1 Attachment

Good afternoon Mr. Kratovil,

 

Upon further review and consideration of your request and to provide
clarification to our previous response to you, your request should have
been more appropriately directed to the Board of Elections as the County
of Middlesex is not in the custody or control of the records, if any, you
are seeking. 

 

By copy of this email, I am directing your OPRA request to Thomas Lynch,
the Elections Administrator for an appropriate response to your request.

 

 

NIKI ATHANASOPOULOS, ESQ.

First Deputy County Counsel

Office of the County Counsel

County Administration Building

75 Bayard Street

Room 230

New Brunswick, NJ 08901

732.745.3228 (p)

732.354.8841 (c)

732.745.4539 (f)

[1][email address]

 

[2]https://link.edgepilot.com/s/f5d2b507/nH...

 

 

NOTICE OF CONFIDENTIALITY
This message, including any prior messages and attachments, may contain
advisory, consultative and/or deliberative material, confidential
information or privileged communications of the County of Middlesex.
Access to this message by anyone other than the sender and the intended
recipient(s) is unauthorized. If you are not the intended recipient of
this message, any disclosure, copying, distribution or action taken or not
taken in reliance on it, without the expressed written consent of the
County, is prohibited. If you have received this message in error, you
should not save, scan, transmit, print, use or disseminate this message or
any information contained in this message in any way and you should
promptly delete or destroy this message, any attachments, and all copies
of same. Please notify the sender by return e-mail if you have received
this message in error. 

 

 

References

Visible links
1. mailto:[email address]
2. https://link.edgepilot.com/s/f5d2b507/nH...

Thomas Lynch, Middlesex County Board of Elections

1 Attachment

Thank you. I am in receipt of your email.

 

Regards,

Thomas Lynch

Administrator

Middlesex County Board of Elections

11 Kennedy Boulevard

East Brunswick, NJ 08816

P: 732.745.3471

 

From: Niki Athanasopoulos <[email address]>
Sent: Tuesday, August 17, 2021 2:47 PM
To: [OPRA #25199 email]
Cc: Thomas Lynch <[email address]>; Amy Petrocelli
<[Middlesex County Board of Elections request email]>; Alessandra Baldini
<[email address]>; Thomas Kelso
<[email address]>
Subject: RE: Notification: New OPRA Request Received - W012372-080521

 

Good afternoon Mr. Kratovil,

 

Upon further review and consideration of your request and to provide
clarification to our previous response to you, your request should have
been more appropriately directed to the Board of Elections as the County
of Middlesex is not in the custody or control of the records, if any, you
are seeking. 

 

By copy of this email, I am directing your OPRA request to Thomas Lynch,
the Elections Administrator for an appropriate response to your request.

 

 

NIKI ATHANASOPOULOS, ESQ.

First Deputy County Counsel

Office of the County Counsel

County Administration Building

75 Bayard Street

Room 230

New Brunswick, NJ 08901

732.745.3228 (p)

732.354.8841 (c)

732.745.4539 (f)

[1][email address]

 

[2]https://link.edgepilot.com/s/f5d2b507/nH...

 

 

NOTICE OF CONFIDENTIALITY
This message, including any prior messages and attachments, may contain
advisory, consultative and/or deliberative material, confidential
information or privileged communications of the County of Middlesex.
Access to this message by anyone other than the sender and the intended
recipient(s) is unauthorized. If you are not the intended recipient of
this message, any disclosure, copying, distribution or action taken or not
taken in reliance on it, without the expressed written consent of the
County, is prohibited. If you have received this message in error, you
should not save, scan, transmit, print, use or disseminate this message or
any information contained in this message in any way and you should
promptly delete or destroy this message, any attachments, and all copies
of same. Please notify the sender by return e-mail if you have received
this message in error. 

 

 

References

Visible links
1. mailto:[email address]
2. https://link.edgepilot.com/s/f5d2b507/nH...

Charlie Kratovil

Dear Mr. Lynch,
When can I expect a response to this request? Thanks.

Yours sincerely,

Charlie Kratovil

Thomas Lynch, Middlesex County Board of Elections

Dear Mr. Kratovil,

Thank you.

I needed some assistance in learning how to satisfy this request.

I can provide a reply by close of business tomorrow.

Regards,
Thomas Lynch
Administrator
Middlesex County Board of Elections
11 Kennedy Boulevard
East Brunswick, NJ 08816
P: 732.745.3471

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Thomas Lynch, Middlesex County Board of Elections

1 Attachment

  • Attachment

    09.01.2021 Kratovil OPRA Request.jpg

    65K Download

Dear Mr. Kratovil,

Good afternoon.

In response to your OPRA request. Commissioner Moskowitz shared her text message to Commissioner Frankel on June 30, 2021.

After a review, there was a single message (attached) to Commissioner Frankel.

There was no response from Commissioner Frankel and no further text messages on June 30, 2021.

Regards,
Thomas Lynch
Administrator
Middlesex County Board of Elections
11 Kennedy Boulevard
East Brunswick, NJ 08816
P: 732.745.3471

show quoted sections