Ballot Design Case Expenses
Dear Morris County,
This is a request for public records made under OPRA and the common law right of access.
The records requested relate to two federal lawsuits concerning the design of New Jersey’s primary ballots: Conforti v. Hanlon, 3:20-cv-08267 (USDNJ) and Kim v. Hanlon, 3:24-cv-01098 (USDNJ) including its Third Circuit appeal (3d Cir, 24-1594).
Records requested:
1. Documents constituting or evidencing a list of all payments to outside counsel, legal consultants, and other expenses associated with these lawsuits since July 1, 2020. (Note: I am seeking payments related to the legal challenges described above. If you cannot sort in that manner, then I will take a list of all payments. This probably exists in a vendor history/activity report.)
2. Invoices for outside counsel, legal consultants, and other expenses associated with the lawsuits described above since July 1, 2020. (Note: Again, I am only seeking payments related to the legal challenges described above. If you can sort in that manner, then that is all that is needed. Otherwise, I request all invoices.)
Please produce the list of payments immediately. I understand the invoices may take longer, although they are also "immediate access" documents.
Yours faithfully,
Charlie Kratovil
Thank you for registering with Morris County Public Records Center.
Your Login ID is: [OPRA #64938 email]
If you did not submit your request through the public portal but are
receiving this e-mail, an account has been created for you where you can
track and monitor the status of your request, and receive any documents in
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may request a temporary password here: [1]Request Temporary Password
Please login to [2]My Request Center to update your account information,
track the status of your request and receive requested records when they
become available.
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email account. Please DO NOT REPLY.
References
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2. https://morriscountynj.mycusthelp.com/WE...
Dear Charlie Kratovil:
Thank you for your interest in open public records of Morris County OPRA
Center. Your request has been received and is being processed in
accordance with the Open Public Records Act (OPRA). Your request was given
the reference number C008507-081624 for tracking purposes.
Records Requested: Dear Morris County, This is a request for public
records made under OPRA and the common law right of access. The records
requested relate to two federal lawsuits concerning the design of New
Jersey’s primary ballots: Conforti v. Hanlon, 3:20-cv-08267 (USDNJ) and
Kim v. Hanlon, 3:24-cv-01098 (USDNJ) including its Third Circuit appeal
(3d Cir, 24-1594). Records requested: 1. Documents constituting or
evidencing a list of all payments to outside counsel, legal consultants,
and other expenses associated with these lawsuits since July 1, 2020.
(Note: I am seeking payments related to the legal challenges described
above. If you cannot sort in that manner, then I will take a list of all
payments. This probably exists in a vendor history/activity report.) 2.
Invoices for outside counsel, legal consultants, and other expenses
associated with the lawsuits described above since July 1, 2020. (Note:
Again, I am only seeking payments related to the legal challenges
described above. If you can sort in that manner, then that is all that is
needed. Otherwise, I request all invoices.) Please produce the list of
payments immediately. I understand the invoices may take longer, although
they are also "immediate access" documents. Yours faithfully, Charlie
Kratovil
Your request will be forwarded to the relevant County department(s) to
locate the information you seek and to determine the volume and any costs
associated with satisfying your request. You will be contacted about the
availability and/or provided with copies of the records in question.
PLEASE NOTE: The State Public Information Act does not require a
governmental body to create new information, to do legal research, or to
answer questions.
You can monitor the progress of your request at the link below and you'll
receive an email when your request has been completed. Again, thank you
for using the Morris County OPRA Center.
County of Morris, NJ
══════════════════════════════════════════════════════════════════════════
To monitor the progress or update this request please log into
the [1]Morris County OPRA Center.
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
--- Please respond above this line ---
RE: OPRA REQUEST of August 16, 2024, Reference # C008507-081624.
Dear Mr. Kratovil:
The County of Morris received a public records request from you on August
16, 2024. Specifically, you requested:
“Dear Morris County,
This is a request for public records made under OPRA and the common law
right of access.
The records requested relate to two federal lawsuits concerning the design
of New Jersey’s primary ballots: Conforti v. Hanlon, 3:20-cv-08267 (USDNJ)
and Kim v. Hanlon, 3:24-cv-01098 (USDNJ) including its Third Circuit
appeal (3d Cir, 24-1594).
Records requested:
1. Documents constituting or evidencing a list of all payments to outside
counsel, legal consultants, and other expenses associated with these
lawsuits since July 1, 2020. (Note: I am seeking payments related to the
legal challenges described above. If you cannot sort in that manner, then
I will take a list of all payments. This probably exists in a vendor
history/activity report.)
2. Invoices for outside counsel, legal consultants, and other expenses
associated with the lawsuits described above since July 1, 2020. (Note:
Again, I am only seeking payments related to the legal challenges
described above. If you can sort in that manner, then that is all that is
needed. Otherwise, I request all invoices.)
Please produce the list of payments immediately. I understand the invoices
may take longer, although they are also "immediate access" documents.
Yours faithfully,
Charlie Kratovil”
The County of Morris has reviewed its files and has located responsive
records to your request. Please log in to the Morris County OPRA Center at
the following link to retrieve the appropriate responsive documents.
[1]Morris County - Open Public Records Request - C008507-081624
Your OPRA request is now deemed answered and closed. Thank you for your
attention to this matter.
If you have any questions or wish to discuss this further, please contact
my office at 973-829-8126.
Sincerely,
Sheila M. Leary, CPM
Administration
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the County of Morris’ interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The County of
Morris reserves the right to raise any other grounds for denial not raised
in this response. Failure of the County of Morris to assert an exemption
or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other than
those advanced by a custodian. See Paff v. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006). If
your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the County of
Morris to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the 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, by e-mail at [2][email address], or on its website
at [3]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.
══════════════════════════════════════════════════════════════════════════
To monitor the progress or update this request please log into
the [4]Morris County OPRA Center.
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
2. mailto:[email address]
3. https://u8387795.ct.sendgrid.net/ls/clic...
4. https://u8387795.ct.sendgrid.net/ls/clic...
Dear Ms. Leary,
I appreciate your response to my request (Reference # C008507-081624). However, the link you provided for me "to retrieve the appropriate responsive documents" includes contract terms and conditions that "will be governed by California law" (Granicus Terms of Use, "General").
As such, I respectfully must decline to create an account on this platform. Please provide the requested records as email attachments. Feel free to contact me at 732-993-9697 if you have any questions, thanks.
Yours sincerely,
Charlie Kratovil
On 8/21/2024 2:07:01 PM, Sheila Leary wrote to Charlie
Kratovil ([OPRA #64938 email]):
Subject: [Records Center] Morris County - Open Public Records Request ::
C008507-081624
Body:
RE: OPRA REQUEST of August 16, 2024, Reference # C008507-081624.
Dear Mr. Kratovil:
The County of Morris received a public records request from you on August
16, 2024. Specifically, you requested:
“Dear Morris County,
This is a request for public records made under OPRA and the common law
right of access.
The records requested relate to two federal lawsuits concerning the design
of New Jersey’s primary ballots: Conforti v. Hanlon, 3:20-cv-08267 (USDNJ)
and Kim v. Hanlon, 3:24-cv-01098 (USDNJ) including its Third Circuit
appeal (3d Cir, 24-1594).
Records requested:
1. Documents constituting or evidencing a list of all payments to outside
counsel, legal consultants, and other expenses associated with these
lawsuits since July 1, 2020. (Note: I am seeking payments related to the
legal challenges described above. If you cannot sort in that manner, then
I will take a list of all payments. This probably exists in a vendor
history/activity report.)
2. Invoices for outside counsel, legal consultants, and other expenses
associated with the lawsuits described above since July 1, 2020. (Note:
Again, I am only seeking payments related to the legal challenges
described above. If you can sort in that manner, then that is all that is
needed. Otherwise, I request all invoices.)
Please produce the list of payments immediately. I understand the invoices
may take longer, although they are also "immediate access" documents.
Yours faithfully,
Charlie Kratovil”
The County of Morris has reviewed its files and has located responsive
records to your request. Please (SEE ATTACHED PDF DOCUMENT) log in to the
Morris County OPRA Center at the following link to retrieve the
appropriate responsive documents.
Your OPRA request is now deemed answered and closed. Thank you for your
attention to this matter.
If you have any questions or wish to discuss this further, please contact
my office at 973-829-8126.
Sincerely,
Sheila M. Leary, CPM
Administration
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the County of Morris’ interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The County of
Morris reserves the right to raise any other grounds for denial not raised
in this response. Failure of the County of Morris to assert an exemption
or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other than
those advanced by a custodian. See Paff v. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006). If
your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the County of
Morris to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the 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, by e-mail at [1][email address], or on its 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.
[3]VARW001-American-Flag-Eagle-Head-Small-2
Sheila M. Leary, CPM
OPRA Officer / CBA – Board Secretary
County of Morris - Admin
PO Box 900
Morristown, NJ 07963-0900
voice: (973) 829-8126
fax: (973) 285-5266
[4][Morris County request email]
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
4. mailto:[Morris County request email]