Councilwoman Mundell text messages during public meetings
Dear Bloomfield 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:
All text messages sent from and received by Councilwoman Mundell pertaining to government business during the following Bloomfield Council meeting dates and times, including open and closed sessions:
Jan 4, 2024, between 6:30 PM and 7:40 PM
Jan 8, 2024, between 7:00 PM and 7:55 PM
Jan 22, 2024, between 7:00 PM and 9:30 PM
Feb 12, 2024, between 7:00 PM and 8:40 PM
Feb 26, 2024, between 7:00 PM and 8:00 PM
March 11, 2024, between 7:00 PM and 8:40 PM
March 25, 2024, between 7:00 PM and 8:35 PM
April 8, 2024, between 7:00 PM and 9:15 PM
April 15, 2024, between 7:00 PM and 7:55 PM
May 6, 2024, between 7:00 PM and 10:30 PM
Yours faithfully,
Thomas Wood
The Township of Bloomfield received your Open Public Records Act (OPRA)
Request on May 8, 2024. This response to your request is being provided
to you on May 8, 2024.
· From the Township of Bloomfield: The Township will not be
providing any documents in response to your request. The township is
obligated to provide “identifiable” governmental records not otherwise
exempt. Your request is a broad request for general information, rather
than a request for specific documents, which is not encompassed by the
Open Public Records Act.
This is being transmitted to you via email, as per your request. If your
request for access to a government record has been denied or unfulfilled
within the seven (7) business days required by law, you have a right to
challenge the decision by the Township of Bloomfield 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, New Jersey, 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 the
Superior Court should be directed to the Court Clerk in your County.
Andrea Schneider
Confidential Secretary
Township of Bloomfield
Municipal Clerk’s Office
973-680-4014
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
Dear Andrea Schneider,
According to my sources, text messages sent during public meetings are considered public records. I suggest you check with your Legal Counsel. Here is a quote from “OPRA Basics and Recent GRC Decisions," 2022
https://www.nj.gov/grc/meetings/present/...
Text Messages
• Verry v. Franklin Fire District No. 1, GRC Complaint
No. 2014-387 (July 2015).
• The Council held that a plain reading of OPRA supports that text
messages are “government records” subject to disclosure so long as
the text messages have been “made, maintained or kept on file . . . or
. . . received in the course of . . . official business. . . .” N.J.S.A. 47:1A 1.1. The Council stressed that its determination broadly addresses
the characterization of text messages as “government records” and
notes that exemptions to disclosure may apply on a case-by-case
basis. The Council’s determination should therefore not be
construed to provide for unmitigated access to text messages.
Yours sincerely,
Thomas Wood
Mr. Wood, this matter was reviewed by legal counsel. It is not the township's position that text messages are not government records, the township's position is that your request is for general information not for identifiable information. As the GRC has said, its determination "should not be construed to provide for unmitigated access to text messages."
Thank you.
Andrea Schneider
Township of Bloomfield
973-680-4014
Thomas Wood left an annotation ()
After emailing the parties directly (so I could copy Counsel and Town Clerk), I repeated my request and included a quote from the GRC. They replied "Mr. Wood, this matter was reviewed by legal counsel. It is not the township's position that text messages are not government records, the township's position is that your request is for general information not for identifiable information. As the GRC has said, its determination "should not be construed to provide for unmitigated access to text messages."
I modified my request to ask for text messages between her and Michael Venezia, and clarified that I was not looking for 'unmitigated access' - I only wanted those text messages that related to Town business"
Their reply was "From the Township of Bloomfield: There are no records in response to this request."