Date Range of emails
Erin made this OPRA request to Atlantic County Prosecutor's Office This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Atlantic County Prosecutor's Office,
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:
1) Emails TO and FROM Lynn Heyer regarding Jason Samaritano from December 1,2021 through February 20, 2023 including TO, FROM, SUBJECT, TIME, DATE, COPIED INDIVIDUALS and ALL ATTACHMENTS.
2) Emails TO and FROM Jonathan Santoliquido regarding Jason Samaritano from December 1, 2022 to February 20, 2023 including TO, FROM, SUBJECT, TIME, DATE, COPIED INDIVIDUALS and ALL ATTACHMENTS.
Yours faithfully,
Erin
Good afternoon,
Please find attached this agency’s response to your recent Open Public
Records Act request.
Best,
Custodian of Records
Atlantic County Prosecutor’s Office
4997 Unami Boulevard, Suite 2
Mays Landing, NJ 08330
Phone: (609) 909-7900
Fax: (609) 909-7806
Confidentiality Notice: This email message, including all attachments,
from Atlantic County Prosecutor's Office contains information, which is
CONFIDENTIAL AND/OR LEGALLY PRIVILEGED. The information is intended only
for the use of the individual named above and may not be disseminated to
any other party without the Atlantic County Prosecutor's Office written
permission. If you are not the intended recipient, or the employee or
agent responsible for delivering the message to the intended recipient,
you are hereby notified that any dissemination, disclosure, distribution,
copying or taking of any action in reliance on the contents of this
emailed information is strictly prohibited.
Dear Ms. Pulkstenis,
After reviewing your letter I am responding with the following:
"On June 20, 2017, the New Jersey Supreme Court in Paff v. Galloway Township expanded the scope of OPRA to require public entities to produce information relating to the “sender,” “recipient,” “date,” and “subject” of emails even if that means the agency would need to create a new document.
The Supreme Court viewed the issue as one of statutory interpretation and agreed with the trial court that OPRA defines a “government record” as “information stored or maintained electronically.” The Court further reasoned that the Legislature did not define government records as only documents or files maintained electronically – rather the key word is information. Specifically, the Supreme Court found:
A document is nothing more than a compilation of information — discrete facts and data. By OPRA’s language, information in electronic form, even if part of a larger document, is itself a government record. Thus, electronically stored information extracted from an email is not the creation of a new record or new information; it is a government record."
I am supplying you with the websites for your reference. I ask that you reconsider your previous response.
https://njschoollawblog.com/n-j-supreme-....
https://law.justia.com/cases/new-jersey/...
Thank you for your time.
Yours Truly,
Erin
Dear Atlantic County Prosecutor's Office,
Please pass this on to the person who conducts Open Public Records Act reviews.
I am writing to request an internal review of Atlantic County Prosecutor's Office's handling of my OPRA request 'Date Range of emails'.
Please review the request and responses. All other agencies have given me what I request with that exact wording. I am not sure why your agency is so resistant. If you refuse to release these emails I request that you preserve them as they will eventually be subpoenaed. Thank you.
Yours faithfully,
Erin
Dear Erin,
The agency's decision related to this request is final. If you disagree
with that decision, you may file a claim as prescribed by the Open Public
Records Act. I'm unaware of any portion of the law permitting or requiring
an internal review, and so that will not be done. Thank you.
Best,
Matthew T. Mills
Assistant Prosecutor
Atlantic County Prosecutor’s Office
4997 Unami Boulevard
Mays Landing, NJ 08330
══════════════════════════════════════════════════════════════════════════
From: Erin <[OPRA #58547 email]>
Sent: Friday, March 29, 2024 10:49:36 AM
To: OPRA <[Atlantic County Prosecutor's Office request email]>
Subject: Internal review of OPRA request - Date Range of emails
[EXTERNAL EMAIL: Do not click any links or open any attachments unless you
trust the sender and know the content is safe.]
Dear Atlantic County Prosecutor's Office,
Please pass this on to the person who conducts Open Public Records Act
reviews.
I am writing to request an internal review of Atlantic County Prosecutor's
Office's handling of my OPRA request 'Date Range of emails'.
Please review the request and responses. All other agencies have given me
what I request with that exact wording. I am not sure why your agency is
so resistant. If you refuse to release these emails I request that you
preserve them as they will eventually be subpoenaed. Thank you.
Yours faithfully,
Erin
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