Communication Director's Work Product
Dear Delran 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:
Provide an itemized list of all work performed by the communications director for the township 1/1/2021 through the present along with any documents she drafted as part of her responsibilities.
Yours faithfully,
Barb Littleton
Barb,
I just received the quarterly log this afternoon for the Communications Director covering Jan, Feb and March 2022. There are no responsive documents for 2021. I am requesting an extension until Wednesday, 4/6 to review the logs submitted.
As per the second part of your request for the following:
- any documents she drafted as part of her responsibilities.
Currently, your request fails to identify with reasonable clarity the specific government records sought, as is required by Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). At this time, we request clarification of your OPRA request. Please respond in writing and identify the specific government records sought so that we may process your request. Failure to provide written clarification of your request will result in the closure of this OPRA request.
Please reach out with any questions.
Jamey Eggers
Municipal Clerk
Township of Delran
Dear Jamey Eggers,
To provide more clarification to my original request, I am requesting all documents the Communications Director drafted between 1/1/2021 and 3/22/2022 demonstrating compliance with her contractual obligations. Specifically, I’m asking for any documents including emails and social media content she drafted demonstrating how she:
• Funneled, distributed, and prioritized resident concerns or inquiries, received by social media, phone calls, or other methods, to Administrator and Mayor.
• Provided assistance to the Mayor researching and communicating new policies, procedures, programs, programs and initiatives in the operation of the municipal government to residents and others.
• Scheduled and advanced constituent outreach (calls, correspondence, meetings, event attendance) for Mayor (and Council where appropriate).
• Determined the objectives of the informational programs; the methods by which they will be put into effect in terms of available resources and agency priorities; and Presented the information to the public.
• Collected information relating to issues from varied sources, draws reasonable unbiased conclusions, and utilizes facts pertinent to specific cases to prepare clear, concise, and informative advice and consultation to Mayor and Council concerning the needs and concerns of the public.
• Wrote, edited, or oversaw the writing and editing of copy; reviewed and evaluated for policy and content; styled informational materials and assessed the value and effectiveness of written material in achieving branding, information, and program objectives.
• Established and maintained liaison and cooperative working relationships with media representatives, religious leaders, community organizers/leaders, volunteer groups, State and County elected officials, and others as appropriate.
• Coordinated the dissemination of County and State information relevant to township residents.
• Coordinated with other township department heads for the purpose of unified dissemination of information including, but not limited to: emergency alerts, scheduling, services, and events.
• Utilized all available methods of communication, generated publicity and improved the town's overall social media presence, and maintained a favorable public image wherever possible.
• Conducted or oversaw public surveys and other information gathering activities, with the approval of the Mayor and Council, designed to identify resident interests, attitudes, needs, and concerns.
• Arranged for in-person meeting events and public contact programs (e.g. town hall meetings) between residents and Mayor/Council to familiarize residents and community groups with a better understanding of policies, agendas, or events occurring in the township.
Yours sincerely,
Barb Littleton
I have received your response to my request for clarification. If I understand your response correctly, it still appears that you are seeking any document prepared by the Communications Director in the course of her duties for the period of 1/1/21 through the date of your request (3/22/2022.) Again, this request is overly broad. Because your request fails to specifically identify the documents sought, this request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are not required to conduct research or create new records in response to an OPRA request.
The first portion of your request was "Provide an itemized list of all work performed by the communications director for the township 1/1/2021 through the present …."
While this request also fails to specifically identify the documents sought and without waiving the Township’s objection to the deficiency in your request, I am attaching a quarterly status report submitted by the Communications Director for 1st Quarter 2022. Should your review of these reports allow you to identify specific documents you are seeking, please specify the documents you are seeking so I may respond.
As to your clarification that you are seeking “emails and social media content” a request for emails should identify (1) the sender or recipient; (2) a date range; and (3) a subject matter. “Social media content” is, again, overly broad but if you can provide more specifics, I will be able to respond.
Please let me know if you have any questions.
Sincerely,
Jamey Eggers
Municipal Clerk
Township of Delran
Dear Jamey Eggers,
The intent of this OPRA request is to review the work the communication's director has done for the township to support the contractual payments the township has paid to her 1/1/2021 - 3/22/2022. I copied the duties assigned to her from her contract. If the responsibilities in her contract are not sufficient to adequately specify the documents I am requesting, the township needs to consider updating the contract to better define her responsibilities so individuals can request appropriate documentation in the future. As such, my updated request is as specific as her contract is. As for the emails, 1) the sender is very specific - the Communication's Director - currently Wendy Mitchell or WL Mitchell Consulting, LLC; 2) date range is 1/1/2021 - 3/22/2022; and 3) the subject matter would include the information in the bullets where emails are requested. That being said, I will review the document you provided and try to identify any documents she has prepared and update this request for these documents, but I will need time to complete that review. In the meantime, can you also send me the QTR 1 2021, QTR 2 2021, QTR 3 2021, and QTR 4 2021 Report of Communications Wendy provided for WL Mitchell Consulting, LLC documenting the work she performed in 2021. Where her communication's report is not specific enough to delineate documents she has prepared, I will document this in the request as well to be very clear on where her communication's report is lacking support for her contractual payment.
Yours sincerely,
Barb Littleton
Barb,
As I mentioned in my email on 3/31/21, there are no reports for 2021.
Please let me know if you have any further questions.
Jamey Eggers
Municipal Clerk
Township of Delran