Dear Saddle 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.

Records Requested:
All email and written correspondence between Saddle River Board of Education and the New Jersey State Board of Education concerning the legality and appropriateness of the process utilized to appoint Ms. Nissirios’ to Mr. Peros’ vacant seat which occured on December 13, 2023. I am seeking the both the questions or queries being asked by the Saddle River Board of Education to the New Jersey State Board of Education, as well as any legal advisories or confirmations provided by the New Jersey State Board of Education.

This request is made in light of the public concern and scrutiny that arose during the Saddle River Board of Education meeting on December 13, 2023, where questions were raised about potential legal and ethical violations in the appointment process of Ms. Nissirios’ to Mr. Peros’ vacant seat. The Board’s legal counsel, Frances Febres from Cleary Giacobbe Alfieri Jacobs, LLC, stated that the actions of the Saddle River Board of Education were affirmed as being legal and appropriate after consultation with the New Jersey State Board of Education. Therefore, access to these records is crucial to understand and clarify both the circumstances and legitimacy surrounding the appointment of Ms. Nissirios’ to Mr. Peros’ vacant seat.

Given the public interest in this matter, I request that these records be provided as expediently as possible. If an extension is necessary, please provide a detailed explanation for the delay and an estimated date when the records will be available.

Common Law: Under common law, I seek access to the requested documents to ensure transparency and accountability in the board appointments by the Saddle River School District.

(1) To the extent that any such records contain personally identifiable information related to any individual student, please redact that personally identifiable information prior to disclosure.
(2) To the extent that any such records are exempted from disclosure under OPRA, and also unavailable under the common law right of access, please provide a complete Vaughn index of all such records, disclosing “sufficient detail to prove the requestor ‘with as much information as possible to use in presenting his case’ and to enable the ‘decision-maker’s review of governmental records to determine whether they contain privileged material.’” Paff v. Division of Law, 412 N.J. Super. 140, 161 (App. Div. 2010).

Regards,
Brian Hampel