All stored/saved e-mail addresses for council meeting agendas, Nixel alerts, RAVE - ALERT ROCKAWAY TOWNSHIP - Smart911 REGISTRATION and Notify Me (plus other sources)
Dear Rockaway Township,
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:
Under the provisions of NJSA 47:1A-1 and the common law right of access to public records,
please provide: all stored/saved e-mail addresses of current recipients and/or requestors for
council meeting agendas,
Nixel alerts, RAVE - ALERT ROCKAWAY TOWNSHIP - Smart911 REGISTRATION and Notify Me.
In addition, please provide all stored/saved e-mail addresses for current applicants
and or members for dog licenses, FaceBook, Yahoo, and the Rockaway Township Web Page
(CivicPlus Platform Accounts).
If redactions are necessary, then please provide a lawful basis for lack of disclosure.
In the event a time frame is needed, please start from January 1, 2019 to present.
Also, if you can send in Excel or .csv format, it would be appreciated.
(please include first,middle & last name and postal address, if possible, in addition to e-mail address)
Good Morning,
Your OPRA request has been received. You will receive a response on or before 5/11/2020.
Thank you,
Matt Bansch, RMC, CMR
Asst. Municipal Clerk
Township of Rockaway
65 Mount Hope Road
Rockaway, NJ 07866
O: 973-983-2834
F: 973-627-1081
Good Afternoon,
More time is requested in order to appropriately respond to your OPRA request of 4/30/2020. At present, considering the current public health emergency, and the limitations placed on municipal staff, we are anticipating a response time of approximately 2 weeks with a deadline of May 25th for a further response.
Thank you,
Matt Bansch, RMC, CMR
Asst. Municipal Clerk
Township of Rockaway
65 Mount Hope Road
Rockaway, NJ 07866
O: 973-983-2834
F: 973-627-1081
Dear Matthew Bansch,
I will grant the extension.
However, this failure to produce information is very disappointing as there has been a state of emergency well before your May 4 reply.
I cite: https://www.state.nj.us/grc/news/alerts/...
The last paragraph states: "In closing, the GRC stresses that custodians within agencies operating under normal business hours during an emergency, even if closed to the public or working off-site, are obligated to respond to OPRA requests upon receipt in due course to the extent possible. Additionally, custodians should proactively advise the public (by website notification and/or other methods) if the method of transmission for OPRA requests has changed or been limited due to a state of emergency. Similarly, members of the public wishing to submit OPRA requests should contact the applicable public agency for updates on any limitations or disruptions affecting the OPRA process during a state of emergency."
Since the information I requested is not likely to be on paper and stored at the townhall, I would think you'd have access to the type of information I requested just as easily from home as from townhall.
Looking forward to your response by May 25, 2020. Thank you.
Good Afternoon:
In response to your OPRA Request of 4/30/2020, please be advised as
follows:
1. Your request for “all stored/saved e-mail addresses of current
recipients and/or requestors for council meeting agendas” requires further
clarification. We distribute our agendas internally, are you looking for
those email addresses? Or are you interested in receiving emails of
individuals that receive public distribution of the agenda? Please advise.
2. Your request for for “all stored/saved e-mail addresses of
current recipients and/or requestors for Nixel Alerts..” cannot be
accommodated. Email addresses entered to receive notification through
Nixel are not maintained in or by Rockaway Township and cannot be accessed
by the Township. Accordingly, the information requested does not
constitute a “government record” and is not properly the subject of an
OPRA request.
3. Your request for Your request for “all stored/saved e-mail
addresses of current recipients and/or requestors for RAVE-ALERT ROCKAWAY
TOWNSHIP – Smart911 REGISTRATION..” cannot be accommodated. Email
addresses entered to receive notification through RAVE ALERT ROCKAWAY
TOWNSHIP – Smart911 REGISTRATION are not maintained in or by Rockaway
Township and cannot be accessed by the Township. Accordingly, the
information requested does not constitute a “government record” and is not
properly the subject of an OPRA request.
4. Your request for “all stored/saved e-mail addresses of current
recipients and/or requestors for Notify Me...” is exempt under OPRA as per
N.J.S.A. 47:1A-1.1. See Burnett v. County of Bergen 198 N.J. 408 (2009)
and Faulkner v. Rutgers University GRC Complaint No. 2007-149.
5. Your request for “ all stored/saved e-mail addresses for current
applicants and or members for dog licenses…” cannot be accommodated as it
is inappropriate. Please refer to Bernstein vs. Borough of Wallington, GRC
complaint #2005-1.
6. Your request for “all stored/saved e-mail addresses for current
applicants and or members for FaceBook…” Email addresses entered to
receive notification through Facebook are not maintained in or by Rockaway
Township and cannot be accessed by the Township. Accordingly, the
information requested does not constitute a “government record” and is not
properly the subject of an OPRA request.
7. Your request for “all stored/saved e-mail addresses for current
applicants and or members for Yahoo…” cannot be accommodated, there are no
government records responsive to this item of your request.
8. Your request for “all stored saved e-mail addresses for current
applicants and or members for the Rockaway Township Web Page (Civic Plus
Platform Accounts)..” is exempt under OPRA as per N.J.S.A. 47:1A-1.1. See
Burnett v. County of Bergen 198 N.J. 408 (2009) and Faulkner v. Rutgers
University GRC Complaint No. 2007-149.
Regards,
Christina Clipperton, RMC
Township Clerk
Township of Rockaway
65 Mt. Hope Road
Rockaway, NJ 07866
(973)983-2834
Good Afternoon:
Corrections have been made to the below response, the corrections have
been highlighted below.
In response to your OPRA Request of 4/30/2020, please be advised as
follows:
1. Your request for “all stored/saved e-mail addresses of current
recipients and/or requestors for council meeting agendas” requires further
clarification. We distribute our agendas internally, are you looking for
those email addresses? Or are you interested in receiving emails of
individuals that receive public distribution of the agenda? Please advise.
2. Your request for for “all stored/saved e-mail addresses of
current recipients and/or requestors for Nixel Alerts..” cannot be
accommodated. Email addresses entered to receive notification through
Nixel are not maintained in or by Rockaway Township and cannot be accessed
by the Township. Accordingly, the information requested does not
constitute a “government record” and is not properly the subject of an
OPRA request.
3. Your request for Your request for “all stored/saved e-mail
addresses of current recipients and/or requestors for RAVE-ALERT ROCKAWAY
TOWNSHIP – Smart911 REGISTRATION..” cannot be accommodated. Email
addresses entered to receive notification through RAVE ALERT ROCKAWAY
TOWNSHIP – Smart911 REGISTRATION are not maintained in or by Rockaway
Township and cannot be accessed by the Township. Accordingly, the
information requested does not constitute a “government record” and is not
properly the subject of an OPRA request.
4. Your request for “all stored/saved e-mail addresses of current
recipients and/or requestors for Notify Me...” is exempt under OPRA as per
N.J.S.A. 47:1A-1. See Burnett v. County of Bergen 198 N.J. 408 (2009) and
Faulkner v. Rutgers University GRC Complaint No. 2007-149.
5. Your request for “ all stored/saved e-mail addresses for current
applicants and or members for dog licenses…” cannot be accommodated as it
is inappropriate. Please refer to Bernstein vs. Borough of Wallington, GRC
complaint #2005-1.
6. Your request for “all stored/saved e-mail addresses for current
applicants and or members for FaceBook…” Email addresses entered to
receive notification through Facebook are not maintained in or by Rockaway
Township and cannot be accessed by the Township. Accordingly, the
information requested does not constitute a “government record” and is not
properly the subject of an OPRA request.
7. Your request for “all stored/saved e-mail addresses for current
applicants and or members for Yahoo…” cannot be accommodated, there are no
government records responsive to this item of your request.
8. Your request for “all stored saved e-mail addresses for current
applicants and or members for the Rockaway Township Web Page (Civic Plus
Platform Accounts)..” is exempt under OPRA as per N.J.S.A. 47:1A-1. See
Burnett v. County of Bergen 198 N.J. 408 (2009) and Faulkner v. Rutgers
University GRC Complaint No. 2007-149.
Regards,
Christina Clipperton, RMC
Township Clerk
Township of Rockaway
65 Mt. Hope Road
Rockaway, NJ 07866
(973)983-2834
Dear Christina Clipperton,
Item 1) Yes, I am interested in receiving emails of individuals that receive public distribution of the agenda.
Items 2,3,4, 6,7,8 ) I do not request reconsideration at this time. I may submit new OPRA requests for these items at a future date.
Item 5) I request reconsideration based on the Final Decision of Bernstein vs. Borough of Wallington, GRC
complaint #2005-1. It clearly states in the Final Decision (April 14, 2005) that "The Council, therefore, finds that in the specific circumstances of this case the list of dog owners names and addresses are to be released because:
1.The Council does not believe there is an unwarranted invasion of privacy;
2.The decision to disclose outweighs the non-disclosure and concerns of unwanted solicitation; and
3.The potential for harm is not sufficient."
============================================================================
The complete Final decision follows:
"Final Decision
Rich Bernstein
Complainant
v.
Borough of Wallington
Custodian of Record
Complaint No.2005-1
At its April 14, 2005 public meeting, the Government Records Council (“Council”) considered the April 7, 2005 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. After balancing the public’s interest in disclosure against the privacy interests raised in said findings and recommendations, a three-member majority of the four-member Council voted to reject the recommendation of the Executive Director and hold, instead, that in the specific circumstances of this case, the dog license owners names and addresses are to be disclosed.
With regard to the weighing of the factors, the majority of the Council reached a conclusion different from the Executive Director and the member of the Council who voted to not allow access to the list of dog license owners’ names and addresses. The Council, therefore, finds that in the specific circumstances of this case the list of dog owners names and addresses are to be released because:
The Council does not believe there is an unwarranted invasion of privacy;
The decision to disclose outweighs the non-disclosure and concerns of unwanted solicitation; and
The potential for harm is not sufficient.
This is the final administrative determination in this matter. Any further review should be pursued in the Appellate Division of the Superior Court of New Jersey within forty-five (45) days. Information about the appeals process can be obtained from the Appellate Division Clerk’s Office, Hughes Justice Complex, and 25 W. Market St., PO Box 006, Trenton, NJ 08625-0006.
Final Decision Rendered by the
Government Records Council
On The 14th Day of April, 2005
Vincent P. Maltese, Chairman
Government Records Council
I attest the foregoing is a true and accurate record of the Government Records Council.
DeAnna Minus-Vincent, Secretary
Government Records Council
Decision Distribution Date: April 20, 2005"
============================================================================
The original decision on April 7, 2005 was overturned by the above Final Decision.
Please comply with "all stored/saved e-mail addresses for current
applicants and or members for dog licenses…”
Thank you for your attention to items 1 & 5.
Dear Christina Clipperton,
It's been 8 business days since my last reply. (May 26, 2020)
By law, public authorities must respond within 7 business days to requests. I realize that OPRA requirements have been relaxed during the pandemic, but just requesting a reply as soon as possible.
Thank You.
Dear Christina Clipperton,
It has now been 11 business days since my May 26, 2020 reply to this OPRA request. Today will be the 12th day.
Please respond as soon as possible.
I am pointing out that a delayed OPRA response could be in violation of the State of New Jersey, Government Records Council (GRC) Complaint No. 2006-176. (https://www.nj.gov/grc/decisions/pdf/200...).
Part of the Conclusions and Recommendations reads:
"Although the Custodian did ultimately provide the Complainant with all of the records responsive, the Custodian violated N.J.S.A. 47:1A-5.i. and N.J.S.A. 47:1A-5.g. by failing to provide the Complainant with a written response granting access, denying access, seeking clarification or requesting an extension, within the statutorily mandated seven (7) business days."
Again, please respond as soon as possible.
Carol,
I apologize for the delay in my response to your email below.
Your request for “all stored/saved e-mail addresses of current recipients and/or requestors for council meeting agendas” having been further clarified to be requesting the email addresses of individuals who receive public distribution of the agenda, please be advised that there are no records responsive to your request. We do have any members of the public who have requested to receive agenda notices.
Your request for “ all stored/saved e-mail addresses for current applicants and or members for dog licenses…” is denied as per N.J.S.A. 47:1A-1 "A public agency has a responsibility and an obligation to safeguard from public access a citizen's personal information with which it has been entrusted when disclosure thereof would violate the citizen's reasonable expectation of privacy".
Respectfully,
Christina Clipperton, RMC
Township Clerk
Township of Rockaway
65 Mt. Hope Road
Rockaway, NJ 07866
(973)983-2834