Dear Ms. Richmond.

This letter is in response to your three OPRA Requests dated September 20,
2021.  Due to the fact that the Requests were not sent until after the
District’s business hours on September 20, 2021, your requests were deemed
received on Tuesday, September 21, 2021.  As a result, the seven business
day by which the Board must respond to your Request expires on Thursday,
September 30, 2021. This response is being provided to you within those
timeframes.

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 Requests sought the following:

Emails and correspondence to/ from the superintendent from/to all building
principals, staff , board of Health , nurse and board members on the
negatives effects of masks on children

Response: Please be advised that an OPRA request is a vehicle for
accessing government records rather than for the purposes of submitting
questions and/or wholesale requests for information. Further, the GRC has
previously established that for an OPRA request seeking emails and/or
other written communications to be valid the request must contain: (1) the
content and/or subject of the e-mail or correspondence, (2) the specific
date or range of dates during which the e-mail/correspondence was
transmitted, and (3) a valid e-mail/correspondence request must identify
the sender and/or the recipient thereof.  Here the request does not
contain any date range or range of dates, and therefore does not identify
a specific government record and as such could be denied.

Notwithstanding the above, the Board does not have any documents that are
responsive to this request.  By way of further explanation, Governor
Murphy has issued Executive Orders 251 and 253, which require, among other
requirements, that masks are to be worn at all times in all public and
non-public schools in the State of New Jersey unless one of the exceptions
noted in those Orders is present.  Throughout this ongoing pandemic, the
District has consistently followed State and Local guidance as well as
specific mandates, and will continue to do so. 

Your Requests also sought the following:

All emails / correspondences from superintendent , board of Ed to governor
Murphy’s office

Response: Please be advised that an OPRA request is a vehicle for
accessing government records rather than for the purposes of submitting
questions and/or wholesale requests for information. Further, the GRC has
previously established that for an OPRA request seeking emails and/or
other written communications to be valid the request must contain: (1) the
content and/or subject of the e-mail or correspondence, (2) the specific
date or range of dates during which the e-mail/correspondence was
transmitted, and (3) a valid e-mail/correspondence request must identify
the sender and/or the recipient thereof.  Here the request does not
contain a date range or range of dates, nor does it identify the content
or subject of the requested emails/communications.  Therefore, it does not
identify a specific government record and as such could be denied.
Notwithstanding the above, the Board does not have any documents that are
responsive to this request.

Your Request also sought the following:

I am looking for all background checks conducted by the district on board
member or candidate Mr. Marc Parisi

Response:  The Board does not have any documents that are responsive to
this request.  By way of further response, any criminal history background
checks of members of the Board are conducted by the Department of
Education, Division of Criminal History Unit.

Your Requests also sought the following:

Peer-reviewed data that provides proof in which masks benefit the children
in our district mentally, emotionally and physically

Response:  The Board does not have any documents that are responsive to
this request.  By way of further explanation, Governor Murphy has issued
Executive Orders 251 and 253, which require, among other requirements,
that masks are to be worn at all times in all public and non-public
schools in the State of New Jersey unless one of the exceptions noted in
those Orders is present.  Throughout this ongoing pandemic, the District
has consistently followed State and Local guidance as well as specific
mandates, and will continue to do so.

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 District 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, or by e-mail at [1][email address], or at their website at
[2]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.

Sincerely,

Sean Boyce, CPA

Assistant Superintendent for Business Administration/Board Secretary

Records Custodian

Confidentiality Notice: The information contained in this communication is
privileged and confidential and is intended for the sole use of the
intended recipient. If you are not the intended recipient of this email,
do not read, distribute or reproduce it (including any attachments). If
you have received this email in error, please immediately notify the
sender by telephone or email reply.

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc

Dear Ms. Richmond.

This letter is in response to your three OPRA Requests dated September 20,
2021.  Due to the fact that the Requests were not sent until after the
District’s business hours on September 20, 2021, your requests were deemed
received on Tuesday, September 21, 2021.  As a result, the seven business
day by which the Board must respond to your Request expires on Thursday,
September 30, 2021. This response is being provided to you within those
timeframes.

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 Requests sought the following:

Emails and correspondence to/ from the superintendent from/to all building
principals, staff , board of Health , nurse and board members on the
negatives effects of masks on children

Response: Please be advised that an OPRA request is a vehicle for
accessing government records rather than for the purposes of submitting
questions and/or wholesale requests for information. Further, the GRC has
previously established that for an OPRA request seeking emails and/or
other written communications to be valid the request must contain: (1) the
content and/or subject of the e-mail or correspondence, (2) the specific
date or range of dates during which the e-mail/correspondence was
transmitted, and (3) a valid e-mail/correspondence request must identify
the sender and/or the recipient thereof.  Here the request does not
contain any date range or range of dates, and therefore does not identify
a specific government record and as such could be denied.

Notwithstanding the above, the Board does not have any documents that are
responsive to this request.  By way of further explanation, Governor
Murphy has issued Executive Orders 251 and 253, which require, among other
requirements, that masks are to be worn at all times in all public and
non-public schools in the State of New Jersey unless one of the exceptions
noted in those Orders is present.  Throughout this ongoing pandemic, the
District has consistently followed State and Local guidance as well as
specific mandates, and will continue to do so. 

Your Requests also sought the following:

All emails / correspondences from superintendent , board of Ed to governor
Murphy’s office

Response: Please be advised that an OPRA request is a vehicle for
accessing government records rather than for the purposes of submitting
questions and/or wholesale requests for information. Further, the GRC has
previously established that for an OPRA request seeking emails and/or
other written communications to be valid the request must contain: (1) the
content and/or subject of the e-mail or correspondence, (2) the specific
date or range of dates during which the e-mail/correspondence was
transmitted, and (3) a valid e-mail/correspondence request must identify
the sender and/or the recipient thereof.  Here the request does not
contain a date range or range of dates, nor does it identify the content
or subject of the requested emails/communications.  Therefore, it does not
identify a specific government record and as such could be denied.
Notwithstanding the above, the Board does not have any documents that are
responsive to this request.

Your Request also sought the following:

I am looking for all background checks conducted by the district on board
member or candidate Mr. Marc Parisi

Response:  The Board does not have any documents that are responsive to
this request.  By way of further response, any criminal history background
checks of members of the Board are conducted by the Department of
Education, Division of Criminal History Unit.

Your Requests also sought the following:

Peer-reviewed data that provides proof in which masks benefit the children
in our district mentally, emotionally and physically

Response:  The Board does not have any documents that are responsive to
this request.  By way of further explanation, Governor Murphy has issued
Executive Orders 251 and 253, which require, among other requirements,
that masks are to be worn at all times in all public and non-public
schools in the State of New Jersey unless one of the exceptions noted in
those Orders is present.  Throughout this ongoing pandemic, the District
has consistently followed State and Local guidance as well as specific
mandates, and will continue to do so.

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 District 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, or by e-mail at [1][email address], or at their website at
[2]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.

Sincerely,

Sean Boyce, CPA

Assistant Superintendent for Business Administration/Board Secretary

Records Custodian

Confidentiality Notice: The information contained in this communication is
privileged and confidential and is intended for the sole use of the
intended recipient. If you are not the intended recipient of this email,
do not read, distribute or reproduce it (including any attachments). If
you have received this email in error, please immediately notify the
sender by telephone or email reply.

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc

Dear Ms. Richmond.

This letter is in response to your three OPRA Requests dated September 20,
2021.  Due to the fact that the Requests were not sent until after the
District’s business hours on September 20, 2021, your requests were deemed
received on Tuesday, September 21, 2021.  As a result, the seven business
day by which the Board must respond to your Request expires on Thursday,
September 30, 2021. This response is being provided to you within those
timeframes.

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 Requests sought the following:

Emails and correspondence to/ from the superintendent from/to all building
principals, staff , board of Health , nurse and board members on the
negatives effects of masks on children

Response: Please be advised that an OPRA request is a vehicle for
accessing government records rather than for the purposes of submitting
questions and/or wholesale requests for information. Further, the GRC has
previously established that for an OPRA request seeking emails and/or
other written communications to be valid the request must contain: (1) the
content and/or subject of the e-mail or correspondence, (2) the specific
date or range of dates during which the e-mail/correspondence was
transmitted, and (3) a valid e-mail/correspondence request must identify
the sender and/or the recipient thereof.  Here the request does not
contain any date range or range of dates, and therefore does not identify
a specific government record and as such could be denied.

Notwithstanding the above, the Board does not have any documents that are
responsive to this request.  By way of further explanation, Governor
Murphy has issued Executive Orders 251 and 253, which require, among other
requirements, that masks are to be worn at all times in all public and
non-public schools in the State of New Jersey unless one of the exceptions
noted in those Orders is present.  Throughout this ongoing pandemic, the
District has consistently followed State and Local guidance as well as
specific mandates, and will continue to do so. 

Your Requests also sought the following:

All emails / correspondences from superintendent , board of Ed to governor
Murphy’s office

Response: Please be advised that an OPRA request is a vehicle for
accessing government records rather than for the purposes of submitting
questions and/or wholesale requests for information. Further, the GRC has
previously established that for an OPRA request seeking emails and/or
other written communications to be valid the request must contain: (1) the
content and/or subject of the e-mail or correspondence, (2) the specific
date or range of dates during which the e-mail/correspondence was
transmitted, and (3) a valid e-mail/correspondence request must identify
the sender and/or the recipient thereof.  Here the request does not
contain a date range or range of dates, nor does it identify the content
or subject of the requested emails/communications.  Therefore, it does not
identify a specific government record and as such could be denied.
Notwithstanding the above, the Board does not have any documents that are
responsive to this request.

Your Request also sought the following:

I am looking for all background checks conducted by the district on board
member or candidate Mr. Marc Parisi

Response:  The Board does not have any documents that are responsive to
this request.  By way of further response, any criminal history background
checks of members of the Board are conducted by the Department of
Education, Division of Criminal History Unit.

Your Requests also sought the following:

Peer-reviewed data that provides proof in which masks benefit the children
in our district mentally, emotionally and physically

Response:  The Board does not have any documents that are responsive to
this request.  By way of further explanation, Governor Murphy has issued
Executive Orders 251 and 253, which require, among other requirements,
that masks are to be worn at all times in all public and non-public
schools in the State of New Jersey unless one of the exceptions noted in
those Orders is present.  Throughout this ongoing pandemic, the District
has consistently followed State and Local guidance as well as specific
mandates, and will continue to do so.

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 District 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, or by e-mail at [1][email address], or at their website at
[2]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.

Sincerely,

Sean Boyce, CPA

Assistant Superintendent for Business Administration/Board Secretary

Records Custodian

Confidentiality Notice: The information contained in this communication is
privileged and confidential and is intended for the sole use of the
intended recipient. If you are not the intended recipient of this email,
do not read, distribute or reproduce it (including any attachments). If
you have received this email in error, please immediately notify the
sender by telephone or email reply.

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc