Candidate Petitions For 2023 Primary Election
Charlie Kratovil made this OPRA request to New Brunswick City as part of a batch sent to 25 authorities This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear New Brunswick City,
Under the OPRA, the common law right of access, and N.J.S. § 19:13-11, I am requesting complete copies of all petitions filed with your office for candidates in the June 6, 2023 primary election. I am a candidate for office, and due to the tight timeline of the election, I require these records as soon as possible. I prefer to receive the response to this request via email, in one or more .pdf attachments. Please contact me promptly if you have any questions about this request, or if you would like to make alternate arrangements for me to inspect the petitions.
Thank you,
Charlie Kratovil
732-993-9697
Mr. Kratovil,
I am in receipt of your request. Specific to your visit yesterday, I would like to clarify my deputy's response:
My office was in receipt of petitions submitted for the Primary Election, which currently are in review and will be provided within the statutory timeframe allotted. As per the Daniel's law, the petitions are not subject for redaction. My intention was to review the law itself, prior to releasing any petitions submitted. Until I gained a complete understanding of what can be released, the petition would be released as required by law. As in the past, petitions have always been provided to you when requested. Unfortunately, with laws constantly changing, research is constantly required prior to reacting immediately to requests. As you are aware, petitions are not considered immediate access records.
Regards,
Leslie R. Zeledón, City Clerk
City of New Brunswick
78 Bayard Street, Rm. 201
New Brunswick, NJ 08901
732.745.5041 (phone)
732.745.5009 (fax)
-----Original Message-----
From: Charlie Kratovil <[OPRA #41209 email]>
Sent: Monday, March 27, 2023 11:22 PM
To: OPRA requests at New Brunswick City <[New Brunswick City request email]>
Subject: OPRA request - Candidate Petitions For 2023 Primary Election
Dear New Brunswick City,
Under the OPRA, the common law right of access, and N.J.S. § 19:13-11, I am requesting complete copies of all petitions filed with your office for candidates in the June 6, 2023 primary election. I am a candidate for office, and due to the tight timeline of the election, I require these records as soon as possible. I prefer to receive the response to this request via email, in one or more .pdf attachments. Please contact me promptly if you have any questions about this request, or if you would like to make alternate arrangements for me to inspect the petitions.
Thank you,
Charlie Kratovil
732-993-9697
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[OPRA #41209 email]
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Dear Ms. Zeledon,
I am pleased that you decided to read the law that your office was using as a justification to withhold public records from the public. Unfortunately some of your message to me doesn't make sense: "Until I gained a complete understanding of what can be released, the petition would be released as required by law." The petitions were not and still have not been released despite multiple, repeated requests.
Now that you've read the law, and confirmed my interpretation that redactions would in fact be illegal and unjustified, why haven't you provided the records to me? What is the purpose of your ongoing review? What exactly are you reviewing that prevents you from allowing the public to inspect the petitions?
Another law you might want to read is N.J. Stat. § 19:13-9 (Filing of petitions, time). I'll quote the relevant section for you: "All petitions when filed shall be open under proper regulations for public inspection."
If you do not provide the records today, I will have no choice but to file civil litigation against you and to seek your removal as Clerk. Provide the records immediately.
Sincerely,
Charlie Kratovil
Hello,
As requested, please click the link below to view the submitted Nominating Petitions for Primary Election.
https://drive.google.com/drive/folders/1...
Regards,
Leslie R. Zeledón, City Clerk
City of New Brunswick
78 Bayard Street, Rm. 201
New Brunswick, NJ 08901
732.745.5041 (phone)
732.745.5009 (fax)
-----Original Message-----
From: Charlie Kratovil <[OPRA #41209 email]>
Sent: Tuesday, March 28, 2023 12:46 PM
To: Leslie Zeledon <[New Brunswick City request email]>
Subject: Re: OPRA23.03_219
Dear Ms. Zeledon,
I am pleased that you decided to read the law that your office was using as a justification to withhold public records from the public. Unfortunately some of your message to me doesn't make sense: "Until I gained a complete understanding of what can be released, the petition would be released as required by law." The petitions were not and still have not been released despite multiple, repeated requests.
Now that you've read the law, and confirmed my interpretation that redactions would in fact be illegal and unjustified, why haven't you provided the records to me? What is the purpose of your ongoing review? What exactly are you reviewing that prevents you from allowing the public to inspect the petitions?
Another law you might want to read is N.J. Stat. § 19:13-9 (Filing of petitions, time). I'll quote the relevant section for you: "All petitions when filed shall be open under proper regulations for public inspection."
If you do not provide the records today, I will have no choice but to file civil litigation against you and to seek your removal as Clerk. Provide the records immediately.
Sincerely,
Charlie Kratovil
-----Original Message-----
Mr. Kratovil,
I am in receipt of your request. Specific to your visit yesterday, I would like to clarify my deputy's response:
My office was in receipt of petitions submitted for the Primary Election, which currently are in review and will be provided within the statutory timeframe allotted. As per the Daniel's law, the petitions are not subject for redaction. My intention was to review the law itself, prior to releasing any petitions submitted. Until I gained a complete understanding of what can be released, the petition would be released as required by law. As in the past, petitions have always been provided to you when requested. Unfortunately, with laws constantly changing, research is constantly required prior to reacting immediately to requests. As you are aware, petitions are not considered immediate access records.
Regards,
Leslie R. Zeledón, City Clerk
City of New Brunswick
78 Bayard Street, Rm. 201
New Brunswick, NJ 08901
732.745.5041 (phone)
732.745.5009 (fax)
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Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #41209 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/candidat...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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