Dear Ms. Opdyke,

Please see the acknowledgment below.

Marlena M. Russo

OPRA Compliance Manager

Office of the Clerk of the Board

Union County Administration Building, 6^th Floor

10 Elizabethtown Plaza

Elizabeth, NJ 07207

Phone: 908.527.4178 / Fax: 908.558.0915 / Email: [1][Union County Sheriff's Office request email]

Please consider the environment before printing this email.

To:       Wanda Opdyke

From:   James E. Pellettiere, RMC, QPA, Clerk of the Board

Date:    12/6/2022

Re:       Open Public Records Act (OPRA) Request(s) Acknowledgment

This office received your OPRA request for Drop box surveillance video for
all precincts from Oct. 29-Nov. 8, 2022 on 12/6/2022. OPRA requires that a
response be provided within 7 business days, beginning the first business
day after receipt of the request. We will have a response prepared by
12/15/2022. Records are typically provided to requestors in electronic
format, for which there is usually no cost. However, the County will
advise of any fees before the charge is incurred.

OPRA ordinarily grants immediate access to budgets, bills, vouchers,
contracts (including collective negotiations agreements and individual
employment contracts), and public employee salary and overtime
information. While the County makes every effort to provide immediate
access to such documents, processing may take longer depending on the
amount of records requested, medium requested, if documents are in use, if
redaction is required or documents are in storage, or if the request
requires extensive work to complete. The same is true for requests for
non-immediate access documents. When additional time is needed to process
a request, the County provides requestors with written updates
accordingly.

If no records are available, or the record(s) are exempt in accordance
with OPRA, the County will advise accordingly; if your OPRA request is
denied, you have a right to appeal the decision. You may file your appeal
with the New Jersey Government Records Council (GRC) or the New Jersey
Superior Court, as provided by N.J.S.A. 47:1A-6 and 7. For additional
information on the appeal process, please visit:
[2]http://www.nj.gov/grc/register/appeal/.

Thank you in advance for your anticipated cooperation and patience while
we work to fulfill your OPRA request.

References

Visible links
1. mailto:[Union County Sheriff's Office request email]
2. http://www.nj.gov/grc/register/appeal/

Dear Ms. Opdyke,

This email is a formal and complete response to your December 6, 2022,
OPRA request for “drop-box recordation of all and inclusive drop-box
recordings: this should include all precincts within Union County from
early voting Oct 29, 2022, through election day November 8, 2022.”

Please be advised the County is denying your request pursuant to N.J.S.A.
47 § 1A-1.1, specifically with regard to the following exemptions
regarding information deemed confidential for the purposes of OPRA:
“emergency or security information or procedures for any buildings or
facility which, if disclosed, would jeopardize security of the building or
facility or persons therein; security measures and surveillance techniques
which, if disclosed, would create a risk to the safety of persons,
property, electronic data or software.”

Thank you for your attention to this matter. – Marlena

Marlena M. Russo

OPRA Compliance Manager

Office of the Clerk of the Board

Union County Administration Building, 6^th Floor

10 Elizabethtown Plaza

Elizabeth, NJ 07207

Phone: 908.527.4178 / Fax: 908.558.0915 / Email: [1][Union County Sheriff's Office request email]

Please consider the environment before printing this email.

References

Visible links
1. mailto:[Union County Sheriff's Office request email]

Dear Ms. Russo,  

I am in receipt of your email response below dated  December 8, 2022
stating that my OPRA request is being denied because it would "jeopardize
security", for which I thank you.  A careful review of the New Jersey
guidelines on Ballot Drop boxes, issued by the State of New Jersey on
September 25, 2020, page 6 and further iterated on page 8, which
specifically states: 

"The ballot drop box must be placed at locations equipped with security
cameras that allow for video surveillance of the ballot drop box 24 hours
per day, 7 days per week. Therefore, a video security surveillance system
is required and can include existing systems on county, city or private
buildings.  The video system should be robust enough to capture and store
video for the full time the ballot drop box(es) are open to receive
ballots during an election.  These videos are considered an election
record and must be retained, at a minimum, until the period to challenge
results has passed."    Kindly note that the foregoing New Jersey State
protocol is further emphasized by the Cybersecurity and Infrastructure
Security Agency (CISA) under the Ballot Drop Box Guidelines. 

Citing the foregoing, I reiterate my OPRA request for fulfillment of my
request, a distinct and protected component of the Chain of Custody of
election records.  I look forward to working with you in fulfilling of
this OPRA request.  Thank you for your courtesies in this matter. 

Regards,
Wanda Opdyke

On Dec 8, 2022, at 4:19 PM, Opra <[Union County Sheriff&#39;s Office request email]> wrote:

Dear Ms. Opdyke,

This email is a formal and complete response to your December 6, 2022,
OPRA request for “drop-box recordation of all and inclusive drop-box
recordings: this should include all precincts within Union County from
early voting Oct 29, 2022, through election day November 8, 2022.”

Please be advised the County is denying your request pursuant to
N.J.S.A. 47 § 1A-1.1, specifically with regard to the following
exemptions regarding information deemed confidential for the purposes of
OPRA: “emergency or security information or procedures for any buildings
or facility which, if disclosed, would jeopardize security of the
building or facility or persons therein; security measures and
surveillance techniques which, if disclosed, would create a risk to the
safety of persons, property, electronic data or software.”

Thank you for your attention to this matter. – Marlena

Marlena M. Russo

OPRA Compliance Manager

Office of the Clerk of the Board

Union County Administration Building, 6^th Floor

10 Elizabethtown Plaza

Elizabeth, NJ 07207

Phone: 908.527.4178 / Fax: 908.558.0915 / Email: [1][Union County Sheriff&#39;s Office request email]

Please consider the environment before printing this email.

References

Visible links
1. mailto:[Union County Sheriff&#39;s Office request email]

Dear Ms. Opdyke,

We are in receipt of your request to reopen your OPRA request, dated
December 12, and our position remains unchanged. In regards to the
specific issues you raised in that email: the New Jersey Guidelines on
Ballot Drop Boxes do illustrate the manner in which drop boxes are to be
maintained, and that videos of the drop boxes are considered election
records. However, nowhere in the guidelines does it indicate that those
records are to be made available to the public upon request.

Furthermore, OPRA has exemptions specific to security measures and
techniques, which state “Security measures and surveillance techniques
which, if disclosed, would create a risk to the safety of persons,
property, electronic data, or software” N.J.S.A. 47:1A-1 et seq. In
addition, the Court in Gilleran v. Bloomfield concluded that video
surveillance is exempt under the security exemption under OPRA:

“when the public-security concern is that access to the videotape product
of the surveillance medium itself reveals security-compromising
information, then the exemptions can be relied on to bar, categorically,
under OPRA, a security system's otherwise confidential surveillance
product.” Gilleran v. Bloomfield, 227 N.J. 159, 176

Here, as in Gilleran, the material being requested under OPRA is that of
video surveillance of government property; disclosure of that material
may, by the nature of the medium, reveal “security-compromising
information” such as, but not limited to, field of vision, video
resolution, frequency of drop box maintenance, access information, among
other sensitive security information. Therefore, in light of the case law
and statutory exemptions, the County reiterates our denial of your OPRA
request.

Thank you for your attention to this matter. – Marlena

Marlena M. Russo

OPRA Compliance Manager

Office of the Clerk of the Board

Union County Administration Building, 6^th Floor

10 Elizabethtown Plaza

Elizabeth, NJ 07207

Phone: 908.527.4178 / Fax: 908.558.0915 / Email: [1][Union County Sheriff&#39;s Office request email]

Please consider the environment before printing this email.

From: Wanda Opdyke <[email address]>
Sent: Monday, December 12, 2022 11:51 AM
To: Opra <[Union County Sheriff&#39;s Office request email]>
Cc: 'Wanda Opdyke' <[OPRA #37237 email]>
Subject: ** Request to REOPEN** : 12/6 OPRA Request #1203-2022 Completion
- Drop Box Surveillance Video

┌──────────────────────────────────────────────────────────────────────────────┐
│ *** CAUTION *** │
╞══════════════════════════════════════════════════════════════════════════════╡
│This message came from an EXTERNAL address. DO NOT click on links or │
│attachments unless you know the sender and the content is safe. If suspicious │
│forward the message to [2][email address] │
└──────────────────────────────────────────────────────────────────────────────┘

Dear Ms. Russo,  

I am in receipt of your email response below dated  December 8, 2022
stating that my OPRA request is being denied because it would "jeopardize
security", for which I thank you.  A careful review of the New Jersey
guidelines on Ballot Drop boxes, issued by the State of New Jersey on
September 25, 2020, page 6 and further iterated on page 8, which
specifically states: 

"The ballot drop box must be placed at locations equipped with security
cameras that allow for video surveillance of the ballot drop box 24 hours
per day, 7 days per week. Therefore, a video security surveillance system
is required and can include existing systems on county, city or private
buildings.  The video system should be robust enough to capture and store
video for the full time the ballot drop box(es) are open to receive
ballots during an election.  These videos are considered an election
record and must be retained, at a minimum, until the period to challenge
results has passed."    Kindly note that the foregoing New Jersey State
protocol is further emphasized by the Cybersecurity and Infrastructure
Security Agency (CISA) under the Ballot Drop Box Guidelines. 

Citing the foregoing, I reiterate my OPRA request for fulfillment of my
request, a distinct and protected component of the Chain of Custody of
election records.  I look forward to working with you in fulfilling of
this OPRA request.  Thank you for your courtesies in this matter. 

Regards,

Wanda Opdyke

On Dec 8, 2022, at 4:19 PM, Opra <[3][Union County Sheriff&#39;s Office request email]> wrote:

Dear Ms. Opdyke,

This email is a formal and complete response to your December 6, 2022,
OPRA request for “drop-box recordation of all and inclusive drop-box
recordings: this should include all precincts within Union County from
early voting Oct 29, 2022, through election day November 8, 2022.”

Please be advised the County is denying your request pursuant to
N.J.S.A. 47 § 1A-1.1, specifically with regard to the following
exemptions regarding information deemed confidential for the purposes of
OPRA: “emergency or security information or procedures for any buildings
or facility which, if disclosed, would jeopardize security of the
building or facility or persons therein; security measures and
surveillance techniques which, if disclosed, would create a risk to the
safety of persons, property, electronic data or software.”

Thank you for your attention to this matter. – Marlena

Marlena M. Russo

OPRA Compliance Manager

Office of the Clerk of the Board

Union County Administration Building, 6^th Floor

10 Elizabethtown Plaza

Elizabeth, NJ 07207

Phone: 908.527.4178 / Fax: 908.558.0915 / Email: [4][Union County Sheriff&#39;s Office request email]

Please consider the environment before printing this email.

References

Visible links
1. mailto:[Union County Sheriff&#39;s Office request email]
2. mailto:[email address]
3. mailto:[Union County Sheriff&#39;s Office request email]
4. mailto:[Union County Sheriff&#39;s Office request email]

Dear Ms. Russo and Union County OPRA team,

Thank you for your response dated December 13, 2022 (which followed our
previous communication of the same subject).  Respecting the content of
your reply included citation of the New Jersey Supreme Court case,
majority opinion Gilleran v Bloomfield, 227 NJ 159 (2016); the subject
case concerned request had nothing to do with public records concerning
election Chain of Custody, protected of their own distinguished and
autonomous sovereign being.   Moreover, the footage requested does NOT
involve “confidential informants, domestic violence victims” and
therefore, would not be of jeopardy to or by release of the footage.
 Unless the County is inferring that the video responsible record is
subject of a criminal investigation, such records are, in fact, subject to
and a component of the election Chain of Custody; therefore we demand
access to same.
 

A careful review of the New Jersey guidelines on Ballot Drop boxes, issued
by the State of New Jersey on  September 25, 2020 page 6 and further
iterated on page 8, which specifically states:

"The ballot drop box must be placed at locations equipped with security
cameras that allow for video surveillance of the ballot drop box 24 hours
per day, 7 days per week. Therefore, a video security surveillance system
is required and can include existing systems on county, city or private
buildings.  The video system should be robust enough to capture and store
video for the full time the ballot drop box(es) are open to receive
ballots during an election.  These videos are considered an election
record and must be retained, at a minimum, until the period to challenge
results has passed."

Kindly note that the foregoing New Jersey State protocol is further
emphasized by the Cybersecurity and Infrastructure Security Agency (CISA)
under the Ballot Drop Box Guidelines. 

The foregoing is buttressed by the guidelines established in the New
Jersey Guide to Ballot Drop Box, such government record, defined under
OPRA, N.J.S.A. 47:1A-1.1 as “…any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file…or that has been received in the
course of his or her official business…a ‘government
record’…electronically stored records (including emails and data sets
stored in a database)…are subject to public access unless specifically
exempt under OPRA or other law.”

Redaction of such public records, as set forth in N.J.S.A. 47:1A-5.g.
“editing a record to prevent public viewing of material that should not be
disclosed.  Words, sentences, paragraphs, or whole pages may be subject to
redaction.”  As election records are of paramount meaning as the
interpretation of the people, their intent and sovereign voice, any such
redaction as a legal principle should be limited in scope to personal
identifiers as outlined in exceptions under OPRA.  In such cases,
custodian(s) of record must identify the legal basis for each such
redaction.

            We look forward to your responsive record fulfillment or reply
in scheduling an appointment to view the subject records.  Thank you, in
advance.
Wanda Opdyke

On Dec 13, 2022, at 3:59 PM, Opra <[Union County Sheriff&#39;s Office request email]> wrote:

Dear Ms. Opdyke,

We are in receipt of your request to reopen your OPRA request, dated
December 12, and our position remains unchanged. In regards to the
specific issues you raised in that email: the New Jersey Guidelines on
Ballot Drop Boxes do illustrate the manner in which drop boxes are to be
maintained, and that videos of the drop boxes are considered election
records. However, nowhere in the guidelines does it indicate that those
records are to be made available to the public upon request.

Furthermore, OPRA has exemptions specific to security measures and
techniques, which state “Security measures and surveillance techniques
which, if disclosed, would create a risk to the safety of persons,
property, electronic data, or software” N.J.S.A. 47:1A-1 et seq. In
addition, the Court in Gilleran v. Bloomfield concluded that video
surveillance is exempt under the security exemption under OPRA:

“when the public-security concern is that access to the videotape
product of the surveillance medium itself reveals security-compromising
information, then the exemptions can be relied on to bar, categorically,
under OPRA, a security system's otherwise confidential surveillance
product.” Gilleran v. Bloomfield, 227 N.J. 159, 176

Here, as in Gilleran, the material being requested under OPRA is that of
video surveillance of government property; disclosure of that material
may, by the nature of the medium, reveal “security-compromising
information” such as, but not limited to, field of vision, video
resolution, frequency of drop box maintenance, access information, among
other sensitive security information. Therefore, in light of the case
law and statutory exemptions, the County reiterates our denial of your
OPRA request.

Thank you for your attention to this matter. – Marlena

Marlena M. Russo

OPRA Compliance Manager

Office of the Clerk of the Board

Union County Administration Building, 6^th Floor

10 Elizabethtown Plaza

Elizabeth, NJ 07207

Phone: 908.527.4178 / Fax: 908.558.0915 / Email: [1][Union County Sheriff&#39;s Office request email]

Please consider the environment before printing this email.

From: Wanda Opdyke <[email address]>
Sent: Monday, December 12, 2022 11:51 AM
To: Opra <[Union County Sheriff&#39;s Office request email]>
Cc: 'Wanda Opdyke'
<[OPRA #37237 email]>
Subject: ** Request to REOPEN** : 12/6 OPRA Request #1203-2022
Completion - Drop Box Surveillance Video

┌──────────────────────────────────────────────────────────────────────────────┐
│ *** CAUTION *** │
╞══════════════════════════════════════════════════════════════════════════════╡
│This message came from an EXTERNAL address. DO NOT click on links or │
│attachments unless you know the sender and the content is safe. If suspicious │
│forward the message to [2][email address] │
└──────────────────────────────────────────────────────────────────────────────┘

Dear Ms. Russo,  

I am in receipt of your email response below dated  December 8, 2022
stating that my OPRA request is being denied because it would
"jeopardize security", for which I thank you.  A careful review of the
New Jersey guidelines on Ballot Drop boxes, issued by the State of New
Jersey on September 25, 2020, page 6 and further iterated on page 8,
which specifically states: 

"The ballot drop box must be placed at locations equipped with security
cameras that allow for video surveillance of the ballot drop box 24
hours per day, 7 days per week. Therefore, a video security surveillance
system is required and can include existing systems on county, city or
private buildings.  The video system should be robust enough to capture
and store video for the full time the ballot drop box(es) are open to
receive ballots during an election.  These videos are considered an
election record and must be retained, at a minimum, until the period to
challenge results has passed."    Kindly note that the foregoing New
Jersey State protocol is further emphasized by the Cybersecurity and
Infrastructure Security Agency (CISA) under the Ballot Drop Box
Guidelines. 

Citing the foregoing, I reiterate my OPRA request for fulfillment of my
request, a distinct and protected component of the Chain of Custody of
election records.  I look forward to working with you in fulfilling of
this OPRA request.  Thank you for your courtesies in this matter. 

Regards,

Wanda Opdyke

On Dec 8, 2022, at 4:19 PM, Opra <[3][Union County Sheriff&#39;s Office request email]> wrote:

Dear Ms. Opdyke,

This email is a formal and complete response to your December 6, 2022,
OPRA request for “drop-box recordation of all and inclusive drop-box
recordings: this should include all precincts within Union County from
early voting Oct 29, 2022, through election day November 8, 2022.”

Please be advised the County is denying your request pursuant to
N.J.S.A. 47 § 1A-1.1, specifically with regard to the following
exemptions regarding information deemed confidential for the purposes
of OPRA: “emergency or security information or procedures for any
buildings or facility which, if disclosed, would jeopardize security
of the building or facility or persons therein; security measures and
surveillance techniques which, if disclosed, would create a risk to
the safety of persons, property, electronic data or software.”

Thank you for your attention to this matter. – Marlena

Marlena M. Russo

OPRA Compliance Manager

Office of the Clerk of the Board

Union County Administration Building, 6^th Floor

10 Elizabethtown Plaza

Elizabeth, NJ 07207

Phone: 908.527.4178 / Fax: 908.558.0915 / Email: [4][Union County Sheriff&#39;s Office request email]

Please consider the environment before printing this email.

References

Visible links
1. mailto:[Union County Sheriff&#39;s Office request email]
2. mailto:[email address]
3. mailto:[Union County Sheriff&#39;s Office request email]
4. mailto:[Union County Sheriff&#39;s Office request email]