Dear Englishtown Borough:

Our organization is making a request for public records made under OPRA and the common law right of access. We are am not required to fill out an official form. Please acknowledge receipt of this message.

Records requested:

Background
Our organization has documented evidence that Councilman Daniel Francisco has used a cell phone to send and receive text messages and/or record and transmit audio and video during open public sessions of Englishtown Borough Council Meetings.

Councilman Daniel Francisco, according to Open Public Records Act (N. J. S. A. 47-1A1 et seq.), created a public record which is subject public inspection and review.

The information we are requesting can be transferred to our online web folder:
The dates requested are posted here (The overlap the council meeting dates). Our organization is requesting the records which cover the following dates:
Dates Requested Records
May 26, 2021 (May 23-May 29, 2021)
June 23, 2021 (June 20-June 26, 2021)
July 28, 2021 (July 25 - July 31, 2021)
August 25, 2021 (August 22 - August 28, 2021)
September 22, 2021 (September 19 - September 26, 2021)
October 27, 2021 (October 24 - October 31, 2021)
November 22, 2021 (November 19 - November 25, 2021)
December 20, 2021 January 3, 2022 (December 31, 2021 – January 6, 2022)
January 26, 2022 (January 24, 2022 – January 29, 2022)
February 23, 2022 (February 20, 2022 – February 26, 2022)
March 9, 2022 (March 6, 2022 – March 12, 2022)
March 23, 2022 (March 20, 2022 – March 26, 2022)

Cell Phone Records Requested: Councilman Daniel Francisco Cell Phone (Which includes, but may not be limited to: 732-580-6769):
• All text/SMS messages
• From 732-580-6769 To 732-580-2288

Titles/Subjects: Any title with "contest", "village inn", "sanitation", "garbage collection", "utility", "Christmas lights", "lights", "mayor", "GOP", "election", "republican", “marijuana”, “pot”, "inn", "the inn", "All Glass", "Mollys", "Molly's", "Maietta", "Maietta's"
• All Emojis / Graphics
• All phone logs (Outgoing and incoming)
• All unedited and edited video files (Ex. MP4, VLS, WM; etc.)
• All photo files: (Ex. JPEG PNG)

Facebook Records:
Our organization has documented evidence proving Councilman Daniel Francisco posted messages and conducted business directly related to his office on the Facebook Group "Englishtown Residents": https://www.facebook.com/groups/15361649... from his Facebook account “Daniel Francisco”: https://www.facebook.com/profile.php?id=...

Facebook information can be obtained from the Administrators of the Facebook Page "Englishtown Residents": https://www.facebook.com/groups/15361649..., who are:
A) Meaghan Lewis (https://www.facebook.com/meaghan.lewis.7)
B) Joann Vivone Damante (https://www.facebook.com/groups/15361649...)

Councilman "Daniel Francisco”: https://www.facebook.com/profile.php?id=...
Facebook Pages: Screen captures with data/time stamp will be acceptable.
• All Blocking Information (All Full Names of Blocked Facebook Member)
• All Followers (Full Names)
• All Followed (Full Names)
• All Blocking (Full Names)

More Details Regarding Facebook:
All Apps and Web Site (These are apps and websites you’ve connected to your Facebook account by either logging into them with Facebook or by connecting an account you have with them to your Facebook. They can be reviewed and managed)

• Restricted list (All Names and Users) Description: When you add a friend to your Restricted list, they won't see posts on Facebook that you share only to Friends. They may still see things you share to Public or on a mutual friend's timeline, and posts they're tagged in. Facebook doesn't notify your friends when you add them to your Restricted list. Learn more.)

• Blocked users (All Names and Users) Description: Once you block someone, that person can no longer see things you post on your timeline, tag you, invite you to events or groups, start a conversation with you, or add you as a friend. Note: Does not include apps, games or groups he both participated in.

• Blocked messages: (All Names and Users): Description: If you block messages and video calls from someone here, they won't be able to contact you in the Messenger app either. Unless you block someone's profile, they may be able to post on your timeline, tag you, and comment on your posts or comments.

• Block app invites: (All Names and Users): Description: Once you block app invites from someone, you'll automatically ignore future app requests from that friend. To block invites from a specific friend, click the "Ignore All Invites From This Friend" link under your latest request.

• Block invites from ((All Names and Users): Block event invites (All Names and Users) Description: Once you block event invites from someone, you'll automatically ignore future event requests from that friend.

• Block apps (All Names and Users): Description: Once you block an app, it can no longer contact you or get non-public information about you through Facebook. Learn more.

• Block Pages: (All Names and Users): Description: Once you block a Page, that Page can no longer interact with your posts or like or reply to your comments. You'll be unable to post to the Page's timeline or message the Page.

Dear Clerk,
This response is unacceptable. Both members of the council clearly operated their cell phones during the council meetings listed. The public has a right to know what government actions were being discussed on the devices.

Our organization will seek a legal remedy if the council members do not submit the requested records.

Yours sincerely,

Anonymous

Dear Clerk,

Our organization will file a complaint with the GRC for failure to produce the records.

Please advise your borough attorney that our organization will request litigation to obtain the records. Councilman Lewis and Councilman Francisco knowingly and willingly withheld this information. They conducted official business using their personal devices and refused to comply with state laws.

Yours sincerely,

Anonymous

Dear Clerk,
Thank you for the response. The good thing is that the Borough Attorney is familiar with the situation.

Please inform the attorney the records could reside on one or more cell phones that Councilman Francisco carries with him. Our organization is also aware that Councilman Francisco received multiple, verbal admonishments regarding the use of personal electronic devices during the council meetings. We who issued the admonishments and eyewitnesses that will attest to it.

If Councilman Francisco continues to refuse to cooperate, our organization will file suit against him and the Borough. We have more than enough documented evidence and multiple eyewitnesses confirming his actions which spanned over the course of multiple meetings.

Yours sincerely,

Anonymous

Dear Clerk,
There is video and there are eyewitnesses that prove Daniel Francisco was constantly using his cell phone during council meetings.

There are also records that the Borough Attorney gave his legal recommendation to the entire council, and specifically to Daniel Francisco and William Lewis to not use cell phones during council meetings because they are subject to OPRA.

We also have undeniable evidence that Daniel Francisco was also conducting official business on non-government sites.

Our organization is going to file a complaint with the GRC and provide this evidence.

Daniel Francisco has clearly violated OPRA laws and his actions will be dealt with by the proper agencies.

Yours sincerely,
Anonymous