Cell Phone Text and Call Logs
Dear Toms River School District,
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:
I am requesting text logs from Wednesday, June 16, 2021 between the hours of 6pm and 12:00am from board members Mrs. Lisa Contessa and Mrs. Ashley Palmieri. Mr. Nardini asked all members to put their cell phones on airplane mode and to put them in the box. Neither complied. Both Board of Education members were on their cell phones during the entire general board of education meeting; when they spoke they either read from their cell phones or wrote a narrative on a legal pad from the cell phone to speak on public record. If cell phones are being used during public meetings then cell phone text and call logs are part of the public record.
I am also requesting Mr. Kevin Kidney’s text and cell phone log for the entire duration of the general board of education meeting that took place on Wednesday, June 16th.
Yours faithfully,
R. Quimby
Good afternoon Mr. Quimby,
Please be advised that I have received your Open Public Records Act (OPRA)
request on 6/22/2021. As such, the seven (7) business day deadline to
respond to your request is 7/1/2021 unless an extension is required and/or
necessary.
Thank you,
Sheri
Sheri Pereira
District Custodian of School Records
Board of Education ~ Business Office
Toms River Regional Schools
732.505.5500 Ext. 500082
732.473.9168 (Facsimile)
Do not Reply All. This message and any attached documents contain
information which may be confidential, subject to privilege or exempt from
disclosure under applicable law. These materials are intended only for the
use of the intended recipient. If you are not the intended recipient of
this transmission, you are hereby notified that any distribution,
disclosure, printing, copying, storage, modification or the taking of any
action in reliance upon this transmission is strictly prohibited. Delivery
of this message to any person other than the intended recipient shall not
compromise or waive such confidentiality, privilege or exemption from
disclosure as to this communication.
Good morning R. Quimby,
The Toms River Regional Schools District received your Open Public Records
Act (OPRA) request on June 22, 2021. The official Records Custodian,
Sheri Pereira, received your OPRA request on June 22, 2021. As such, the
seven (7) business day deadline to respond to your request is July 1,
2021. This response to your request is being provided to you on the 6th
business day after the custodian's receipt of said request.
Your OPRA request sought access to the following:
I am requesting text logs from Wednesday, June 16, 2021 between the hours
of 6pm and 12:00am from board members Mrs. Lisa Contessa and Mrs. Ashley
Palmieri. Mr. Nardini asked all members to put their cell phones on
airplane mode and to put them in the box. Neither complied. Both Board
of Education members were on their cell phones during the entire general
board of education meeting; when they spoke they either read from their
cell phones or wrote a narrative on a legal pad from the cell phone to
speak on public record. If cell phones are being used during public
meetings then cell phone text and call logs are part of the public
record.
I am also requesting Mr. Kevin Kidney's text and cell phone log for the
entire duration of the general board of education meeting that took place
on Wednesday, June 16th.
Your request requires additional time beyond the seven (7) business days
to fulfill. OPRA allows custodians to seek extensions of time pursuant to
N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, "The requestor shall
be advised by the custodian when the record can be made available. If the
record is not made available by that time, access shall be deemed denied."
Your request requires an extension of time until July 13, 2021.
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 Toms River Regional Schools
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, 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.
Thank you,
Sheri
Sheri Pereira
District Custodian of School Records
Board of Education ~ Business Office
Toms River Regional Schools
732.505.5500 Ext. 500082
732.473.9168 (Facsimile)
Do not Reply All. This message and any attached documents contain
information which may be confidential, subject to privilege or exempt from
disclosure under applicable law. These materials are intended only for the
use of the intended recipient. If you are not the intended recipient of
this transmission, you are hereby notified that any distribution,
disclosure, printing, copying, storage, modification or the taking of any
action in reliance upon this transmission is strictly prohibited. Delivery
of this message to any person other than the intended recipient shall not
compromise or waive such confidentiality, privilege or exemption from
disclosure as to this communication.
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
Good afternoon R. Quimby,
The Toms River Regional Schools District requested an extension of time
until July 13, 2021 to respond to your following Open Public Records Act
(OPRA) request. Please be advised that this response is being provided to
you on Thursday, July 8, 2021.
Request:
I am requesting text logs from Wednesday, June 16, 2021 between the hours
of 6pm and 12:00am from board members Mrs. Lisa Contessa and Mrs. Ashley
Palmieri. Mr. Nardini asked all members to put their cell phones on
airplane mode and to put them in the box. Neither complied. Both Board of
Education members were on their cell phones during the entire general
board of education meeting; when they spoke they either read from their
cell phones or wrote a narrative on a legal pad from the cell phone to
speak on public record. If cell phones are being used during public
meetings then cell phone text and call logs are part of the public record.
I am also requesting Mr. Kevin Kidney’s text and cell phone log for the
entire duration of the general board of education meeting that took place
on Wednesday, June 16th.
Please find attached text communications provided by Mr. Kidney.
Ms. Contessa affirmed that she did not use her personal cell phone or any
other electronic device to discuss any public matter or any matter related
to the Toms River Regional Schools BOE during the TRBOE meeting on June
16, 2021.
Ms. Palmiere affirmed that though she did use her private cell phone
during the BOE meeting, it was for private matters having nothing to do
with the meeting.
Thank you,
Sheri
Sheri Pereira
District Custodian of School Records
Board of Education ~ Business Office
Toms River Regional Schools
732.505.5500 Ext. 500082
732.473.9168 (Facsimile)
Do not Reply All. This message and any attached documents contain
information which may be confidential, subject to privilege or exempt from
disclosure under applicable law. These materials are intended only for the
use of the intended recipient. If you are not the intended recipient of
this transmission, you are hereby notified that any distribution,
disclosure, printing, copying, storage, modification or the taking of any
action in reliance upon this transmission is strictly prohibited. Delivery
of this message to any person other than the intended recipient shall not
compromise or waive such confidentiality, privilege or exemption from
disclosure as to this communication.
Good afternoon R. Quimby,
Also find the attached redaction sheet for your reference.
Thank you,
Sheri
Sheri Pereira
District Custodian of School Records
Board of Education ~ Business Office
Toms River Regional Schools
732.505.5500 Ext. 500082
732.473.9168 (Facsimile)
Do not Reply All. This message and any attached documents contain
information which may be confidential, subject to privilege or exempt from
disclosure under applicable law. These materials are intended only for the
use of the intended recipient. If you are not the intended recipient of
this transmission, you are hereby notified that any distribution,
disclosure, printing, copying, storage, modification or the taking of any
action in reliance upon this transmission is strictly prohibited. Delivery
of this message to any person other than the intended recipient shall not
compromise or waive such confidentiality, privilege or exemption from
disclosure as to this communication.
On Thu, Jul 8, 2021 at 1:54 PM Sheri Pereira <[1][Toms River School District request email]>
wrote:
Good afternoon R. Quimby,
The Toms River Regional Schools District requested an extension of time
until July 13, 2021 to respond to your following Open Public Records Act
(OPRA) request. Please be advised that this response is being provided
to you on Thursday, July 8, 2021.
Request:
I am requesting text logs from Wednesday, June 16, 2021 between the
hours of 6pm and 12:00am from board members Mrs. Lisa Contessa and Mrs.
Ashley Palmieri. Mr. Nardini asked all members to put their cell phones
on airplane mode and to put them in the box. Neither complied. Both
Board of Education members were on their cell phones during the entire
general board of education meeting; when they spoke they either read
from their cell phones or wrote a narrative on a legal pad from the cell
phone to speak on public record. If cell phones are being used during
public meetings then cell phone text and call logs are part of the
public record.
I am also requesting Mr. Kevin Kidney’s text and cell phone log for the
entire duration of the general board of education meeting that took
place on Wednesday, June 16th.
Please find attached text communications provided by Mr. Kidney.
Ms. Contessa affirmed that she did not use her personal cell phone or
any other electronic device to discuss any public matter or any matter
related to the Toms River Regional Schools BOE during the TRBOE meeting
on June 16, 2021.
Ms. Palmiere affirmed that though she did use her private cell phone
during the BOE meeting, it was for private matters having nothing to do
with the meeting.
Thank you,
Sheri
Sheri Pereira
District Custodian of School Records
Board of Education ~ Business Office
Toms River Regional Schools
732.505.5500 Ext. 500082
732.473.9168 (Facsimile)
Do not Reply All. This message and any attached documents contain
information which may be confidential, subject to privilege or exempt
from disclosure under applicable law. These materials are intended only
for the use of the intended recipient. If you are not the intended
recipient of this transmission, you are hereby notified that any
distribution, disclosure, printing, copying, storage, modification or
the taking of any action in reliance upon this transmission is strictly
prohibited. Delivery of this message to any person other than the
intended recipient shall not compromise or waive such confidentiality,
privilege or exemption from disclosure as to this communication.
References
Visible links
1. mailto:[Toms River School District request email]