Request received.
Lisa Thomas
Confidential Secretary to the School Business Administrator
Point Pleasant Board of Education
2100 Panther Path
Point Pleasant, NJ  08742
(732) 701-1900, x2410
(732) 612-1413 Fax
[1][Point Pleasant Borough School District request email]
On Thu, Dec 5, 2024 at 9:10 AM Concerned tax payer
<[2][OPRA #69614 email]> wrote:

Dear Point Pleasant Borough School District,

Please accept this electronic request for public records made under OPRA
and the common law right of access.  I am not required to fill out an
official form or use a particular software platform to submit my request
per NJSA 47:1A-6(f), which states that an email from a requestor
including all of the information required on the adopted form shall
suffice in place of a completed form as a valid government record
request.

I HAVE NOT been convicted of any indictable offense under the laws of
New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial
purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:
All corresponding and redacted emails referencing key word(s), subject
line:
“HIB” and/ or “ABS” between Superintendent Angelozzi and Principals:
Buck, Karaba, Floyd and Karcich for the time period 9/1/2024-12/1/2024.

My preferred delivery method for response(s) to this request is by
E-mail as attachments.  Please confirm you have received this request. 
If you are not the custodian of records, please forward my request to
that person and provide their email address to me for future reference.

Yours faithfully,
Concerned Citizen

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Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[3][OPRA #69614 email]

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References

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December 16, 2024

Concerned Citizen
([1][OPRA #69614 email])

Re: Open Public Records Act Requests deemed Received on December 5,
2024

Dear Concerned Citizen:

This letter is in response to your OPRA Request that was deemed received
on December 5, 2024. This response is being sent to you within the 7
business day deadline to respond to OPRA Requests.

OPRA defines a “government record” of a public entity 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 in the
course of his or its official business …”  N.J.S.A. 47:1A-1.1. 
Accordingly, the Board is required to produce only those records which it
maintains in the official course of business and which are not otherwise
exempt from production.  Pursuant to the definition of a government
record, a public entity is not required by OPRA to research information
and/or create records that do not exist in response to OPRA requests.  See
e.g., Mag Entertainment, LLC v. Division of Alcoholic Beverage Control,
375 N.J. Super. 537 (App. Div. 2005). 

Your request sought the following:

• All corresponding and redacted emails referencing key word(s), subject line: “HIB” and/ or “ABS” between Superintendent Angelozzi and Principals: Buck, Karaba, Floyd and Karcich for the time period 9/1/2024-12/1/2024.

Response: The Board objects to and is denying these requests because the
response to these requests encapsulates confidential student information
that is not subject to OPRA unless the requestor is an authorized person
for the student(s), which you are not.  Accordingly, this Request has been
denied. 

Please note that Christina Fessler, CPA, Records Custodian, was informed
of this request in a forwarded email originally dated December 5, 2024.
Moving forward, please send all OPRA requests to me, Christina Fessler,
CPA, Records Custodian, and/or Adam L. Angelozzi, Ed.D., Superintendent of
Schools. 

Since all of the Requests noted above were submitted anonymously, you are
prohibited from instituting a proceeding in either the Superior Court of
New Jersey or with the Government Records Council to challenge the
decision by the District to deny immediate or any other access.  See
N.J.S.A. 47:1A-5 and N.J.S.A. 47:1A-6.  You may contact the GRC by
toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ
08625, or by e-mail at [2][email address], or at their website at
[3]www.state.nj.us/grc to verify this.  The GRC can also answer other
questions about the law.

Sincerely,

Christina Fessler

Christina Fessler, CPA

Business Administrator/Board Secretary

Records Custodian

Cc: Dr. Adam Angelozzi, Superintendent 

References

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