Attached please find records responsive to Item # 1 in the below request, provided today in accordance with N.J.S.A. 47:1A-5(e).

This Office will respond to the remainder of the requests (Items 2-4) consistent with N.J.S.A. 47:1A-5(i)(1) & (2).

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Dear Ms. Coombs:

The purpose of this email is: (1) to request clarification from you as to
Item 1 of the below request, and (2) to notify you that the Prosecutor's
Office is invoking N.J.S.A. 47:1A-5(i)(2) to extend the response deadline
to Items 2, 3, and 4 of the below request.

As to Item #1, on August 20, 2020, we provided you with the DWI Task Force
budgets with this Office for the years 2010 through 2020.  Those records
were responsive to your request.  However, your multitude of other
requests -- for Task Force related invoices, assets and equipment,
maintenance records, operations, and staffing -- are suggestive that your
request for "budgets" was intended to focus on all of the funding the DWI
Task Force receives annually -- not merely that received through the MCPO
budget.  The Task Force does receive grant money each year to defray
operation costs.  That grant money is separate from its MCPO budget.  Item
#1 per your request, obviously, makes no reference to grant money.  We are
not going to give you records that you have not asked for and do not
want.  Please clarify Item #1: was the request for "budgets" for each year
intended to include only the money that MCPO budgeted to the Task Force
for each year, or was it intended to include grant monies as well?

As to the remaining Items, ## 2, 3 and 4, the MCPO is going to need more
time to produce the records.  Producing them in accordance with N.J.S.A.
47:1A-5(i)(1) would give us a deadline of tomorrow, August 28, 2020. 
Meeting that deadline is impossible.  At various times, we have had four
(4) different individuals in different departments working to retrieve the
variety of DWI-related records that you have requested, both in the below
request and in the 10 other requests for Activity Reports and Policies
that you have served on us.  These individuals are not OPRA staff; they
are the people in other departments who maintain or have access to the
records that you have requested.  At least one of these individuals works
part-time, and the remaining work intermittent in-office schedules due to
the pandemic.  The record requests go back a decade, to 2010.  These
requests have placed a great strain on my Office -- not just on me this
time, but on a number of non-OPRA personnel.  I add that these Task
Force-related requests are not close to the only OPRAs you have pending
with this Office.  While we work on these, you have also continued serving
us with requests for Felony Complaint Lists, as well as requests for
specific case-related documents.  I note your email of earlier this week,
portending requests for records relating to 31 more recently arrested
individuals.  You have also emailed us a "heads up" that you may be
requesting Task Force records that extend prior to 2010.  While First
Assistant Prosecutor Linskey has reinforced that you have a right to make
OPRA requests, you have, literally, teams of people working to pull
records for you on multiple projects simultaneously.  You are one person;
it is difficult to understand why these large volumes and varieties of
records must be produced for one person at the same time.  In prior
emails, I've told you that I would let you know if your requests were or
were becoming overly burdensome; I am respectfully communicating that now.

This email advises that, pursuant to N.J.S.A. 47:1A-5(i)(2), which relaxes
the deadlines in subsection i. during a state of emergency or public
health emergency, this Office will attempt to provide you with the records
responsive to Items 2, 3 and 4 below by Friday, September 11, 2020.  If we
cannot produce them by September 11 despite all reasonable efforts, we
will let you know that and communicate another, further extended
deadline.  We will also let you know if we need similar extensions with
regard to the other pending record requests – and/or the extremely
laborious requests that you have warned us are coming from you.  You have
expressed understanding and a willingness to cooperate with us in previous
emails; we trust the sincerity of these assurances and appreciate same.

Finally, I want to let you know that I have been granted a 30-day leave
from OPRA in order to take care of a number of other pressing
assignments.  You watched a remote PCR hearing in which I participated for
a murder case a few weeks ago.  OPRA is not my only duty; it is not even
my primary duty.  But, over the past five or so months, I have had little
time to do anything other than respond to OPRA requests.  My other
assignments are important and have not received the attention that they
require and demand; they are now becoming urgent.  To give me an
opportunity to catch up, OPRA has been reassigned to other assistant
prosecutors for the next month.  Copied on this email, Assistant
Prosecutor Jennifer Lipp is assigned to OPRA this week.  She may be
rotating with another one or two assistant prosecutors throughout the
month.  Should you need to communicate with an OPRA point person from this
Office, AP Lipp is that person for the next 30 days.

Have a good day,

Mary Juliano

Assistant Prosecutor

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Good morning.

Attached are the "budgets" for each year including both MCPO and grant monies.

We are still working on your other requests as explained by Mary Juliano below. We will have all of those records no later than 9/11/20.

Thank you

Assistant Prosecutor Jennifer Lipp
Director, Family Division
Monmouth County Prosecutor’s Office
132 Jerseyville Avenue
Freehold, NJ 07728
Desk 732-431-7160 x. 8930
Fax: (732) 866-3644

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Attached please find records responsive to the below request:

1.      Budgets were previously provided on August 20, 2020 by AP Mary
Juliano and me on August 28, 2020.

2.      Invoices attached.

3.      List of assets and equipment attached.

4.      Maintenance records attached.

Assistant Prosecutor Jennifer Lipp

Director, Family Division

Monmouth County Prosecutor’s Office

132 Jerseyville Avenue

Freehold, NJ 07728

Desk 732-431-7160 x. 8930

Fax: (732) 866-3644

From: Mary Juliano <[email address]>
Sent: Thursday, August 27, 2020 11:27 AM
To: 'ASK NJ Media Co.'
<[OPRA #16091 email]>
Cc: Jennifer Lipp <[email address]>; Lori Linskey <[email address]>
Subject: RE: [EXTERNAL]OPRA request - DWI Task Force Assets, Equipment and
Budget(s) for each year from 2010 thru 2020

Dear Ms. Coombs:

The purpose of this email is: (1) to request clarification from you as to
Item 1 of the below request, and (2) to notify you that the Prosecutor's
Office is invoking N.J.S.A. 47:1A-5(i)(2) to extend the response deadline
to Items 2, 3, and 4 of the below request.

As to Item #1, on August 20, 2020, we provided you with the DWI Task Force
budgets with this Office for the years 2010 through 2020.  Those records
were responsive to your request.  However, your multitude of other
requests -- for Task Force related invoices, assets and equipment,
maintenance records, operations, and staffing -- are suggestive that your
request for "budgets" was intended to focus on all of the funding the DWI
Task Force receives annually -- not merely that received through the MCPO
budget.  The Task Force does receive grant money each year to defray
operation costs.  That grant money is separate from its MCPO budget.  Item
#1 per your request, obviously, makes no reference to grant money.  We are
not going to give you records that you have not asked for and do not
want.  Please clarify Item #1: was the request for "budgets" for each year
intended to include only the money that MCPO budgeted to the Task Force
for each year, or was it intended to include grant monies as well?

As to the remaining Items, ## 2, 3 and 4, the MCPO is going to need more
time to produce the records.  Producing them in accordance with N.J.S.A.
47:1A-5(i)(1) would give us a deadline of tomorrow, August 28, 2020. 
Meeting that deadline is impossible.  At various times, we have had four
(4) different individuals in different departments working to retrieve the
variety of DWI-related records that you have requested, both in the below
request and in the 10 other requests for Activity Reports and Policies
that you have served on us.  These individuals are not OPRA staff; they
are the people in other departments who maintain or have access to the
records that you have requested.  At least one of these individuals works
part-time, and the remaining work intermittent in-office schedules due to
the pandemic.  The record requests go back a decade, to 2010.  These
requests have placed a great strain on my Office -- not just on me this
time, but on a number of non-OPRA personnel.  I add that these Task
Force-related requests are not close to the only OPRAs you have pending
with this Office.  While we work on these, you have also continued serving
us with requests for Felony Complaint Lists, as well as requests for
specific case-related documents.  I note your email of earlier this week,
portending requests for records relating to 31 more recently arrested
individuals.  You have also emailed us a "heads up" that you may be
requesting Task Force records that extend prior to 2010.  While First
Assistant Prosecutor Linskey has reinforced that you have a right to make
OPRA requests, you have, literally, teams of people working to pull
records for you on multiple projects simultaneously.  You are one person;
it is difficult to understand why these large volumes and varieties of
records must be produced for one person at the same time.  In prior
emails, I've told you that I would let you know if your requests were or
were becoming overly burdensome; I am respectfully communicating that now.

This email advises that, pursuant to N.J.S.A. 47:1A-5(i)(2), which relaxes
the deadlines in subsection i. during a state of emergency or public
health emergency, this Office will attempt to provide you with the records
responsive to Items 2, 3 and 4 below by Friday, September 11, 2020.  If we
cannot produce them by September 11 despite all reasonable efforts, we
will let you know that and communicate another, further extended
deadline.  We will also let you know if we need similar extensions with
regard to the other pending record requests – and/or the extremely
laborious requests that you have warned us are coming from you.  You have
expressed understanding and a willingness to cooperate with us in previous
emails; we trust the sincerity of these assurances and appreciate same.

Finally, I want to let you know that I have been granted a 30-day leave
from OPRA in order to take care of a number of other pressing
assignments.  You watched a remote PCR hearing in which I participated for
a murder case a few weeks ago.  OPRA is not my only duty; it is not even
my primary duty.  But, over the past five or so months, I have had little
time to do anything other than respond to OPRA requests.  My other
assignments are important and have not received the attention that they
require and demand; they are now becoming urgent.  To give me an
opportunity to catch up, OPRA has been reassigned to other assistant
prosecutors for the next month.  Copied on this email, Assistant
Prosecutor Jennifer Lipp is assigned to OPRA this week.  She may be
rotating with another one or two assistant prosecutors throughout the
month.  Should you need to communicate with an OPRA point person from this
Office, AP Lipp is that person for the next 30 days.

Have a good day,

Mary Juliano

Assistant Prosecutor

show quoted sections