E-mail logs
Dear Atlantic County Sheriff'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:
E-mail logs for Sheriff Eric Scheffler, Undersheriff Richard Komar, and Chief Warrant Officer Timothy Reed from December 1, 2019 to February 13, 2020
Yours faithfully,
Anonymous
Daniel Solt
County of Atlantic, Law Department
Please see below emailed OPRA request. As I am not the record holder for this request it is forwarded to you with a copy to the requestor advising of the same.
Should you need anything further please let me know.
Thank you,
Pam Hoerter
CLARIFICATION – OPRA REQUEST 75-2020
February 18, 2020
You have submitted an Open Public Records Act (OPRA) request and indicated
that your preferred delivery method is email.
Your request seeks: Dear Atlantic County Sheriff'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: E-mail logs for Sheriff Eric
Scheffler, Undersheriff Richard Komar, and Chief Warrant Officer Timothy
Reed from December 1, 2019 to February 13, 2020
Yours faithfully,
Anonymous
Elcavage v. West Milford Twp. (Passaic), GRC Complaint No. 2009-07 (April
2010): The Council held that “an OPRA request for an e-mail or e-mails
shall therefore focus upon the following four (4) characteristics:
· Content and/or subject
· Specific date or range of dates
· Sender
· Recipient
In accord with MAG, supra, and its progeny, in order to specifically
identify an e-mail, OPRA requests must contain: (1) the content and/or
subject of the e-mail, (2) the specific date or range of dates during
which the e-mail was transmitted or the e-mails were transmitted, and (3)
a valid e-mail request must identify the sender and/or the recipient
thereof.” Id. at 5. Please provide clarification.
Dulce M. Hernandez, Paralegal
Atlantic County Department of Law
1333 Atlantic Ave, 8th Floor
Atlantic City, NJ 08401
P: 609-345-6700 ext. 2505
F: 609-343-2373
Dear Hernandez_Dulce,
Respectfully, Elcavage v. West Milford does not apply to this request. That case applies to when copies of specific e-mails are requested. This request is for e-mail logs, not specific e-mails.
E-mail logs only provide a list of dates, subjects, senders, and recipients for the date range specified which was 12/1/19 to 2/13/20. Please consider Paff v. Galloway Township 162 A.3d 1046 (2017). 229 N.J. 340. as the appropriate case law applicable to this request. Per that decision, you are required to provide the e-mail logs.
Again to clarify, this request is for the logs (comprehensive list of dates, senders, recipients, and subjects) and does not ask for any actual e-mail correspondence.
Yours sincerely,
Anonymous
Atlantic County is in receipt of your OPRA request .
Atlantic County is still in the process of determining if we have any
documents responsive to your request and therefore we are requesting an
extension of time. Atlantic County will provide you with responsive
documents, if any, on or before Wednesday, March 4, 2020.
Thank you .
Dulce M. Hernandez, Paralegal
Atlantic County Department of Law
1333 Atlantic Ave, 8th Floor
Atlantic City, NJ 08401
P: 609-345-6700 ext. 2505
F: 609-343-2373
CUSTODIAN RESPONSE TO OPRA REQUEST 75-2020
March 4, 2020
You have submitted an Open Public Records Act (OPRA) request and indicated
that your preferred delivery method is email.
Your request seeks: Dear Atlantic County Sheriff's Office,
E-mail logs for Sheriff Eric Scheffler, Undersheriff Richard Komar, and
Chief Warrant Officer Timothy Reed from December 1, 2019 to February 13,
2020
CLARIFICATION- E-mail logs only provide a list of dates, subjects,
senders, and recipients for the date range specified which was 12/1/19 to
2/13/20.
Attached please find the documents responsive to your request for
Undersheriff Komar. Please be advised that lines 4 and 26 have been
redacted pursuant to N.J.S.A. 47:1A-1: telephone numbers. Line 82 was
redacted pursuant to N.J.S.A. 47:1A-10: personnel information. Responsive
documents for Sheriff Scheffler and Tim Reed are being reviewed for
possible redactions and therefore we are acting for an extension. Those
responsive documents will be provided to you on or before Friday, March 6,
2020.
Thank you.
Dulce M. Hernandez, Paralegal
Atlantic County Department of Law
1333 Atlantic Ave, 8th Floor
Atlantic City, NJ 08401
P: 609-345-6700 ext. 2505
F: 609-343-2373
Dear Hernandez_Dulce,
Can you please check this document? It appears that all sender and recipient information has been either redacted or otherwise converted. All 85 lines are showing as several "x" for both e-mail addresses. This has been tested on several devices with the same result.
It is very understandable that you requested more time for the other two documents. Please also ensure that these documents show the proper sender and recipient e-mail addresses as well. Thank you for your work in fulfilling this request.
Yours sincerely,
Anonymous
The excel spreadsheet is opening correctly on our computers. I am unable
to correct a problem that is not occurring on our end.
Are you able to read column D?
Daniel J. Solt
Assistant County Counsel
Atlantic County Department of Law
1333 Atlantic Avenue, 8^th Floor
Atlantic City, New Jersey 08401
(609) 345-6700 Ext. 2222
Email: [1][email address]
[2]cid:image001.png@01D5C6F1.5FDD1500
References
Visible links
1. mailto:[email address]
Dear Solt_Daniel,
Thank you very much for the speedy reply. Columns A and D are visible. B and C are all x’s. May I ask what program your office uses to see these files?
Yours sincerely,
Anonymous
Attached please see the recipient status column (column c).
The sender address column (column b) are all the same and state "[email address]"
It is an excel spreadsheet so the program used to open it is excel.
Please let me know if this resolves the issue.
Attached please find the responsive document for both the Sheriff and Reed.
For the Sheriff, on Lines 20, 52 and 61 the telephone numbers were redacted as required by law.
For Reed, on Lines 115, 121 and 275 medical information was redacted as required by law.
If you are unable to view the spreadsheet, please let me know.
Thank you.
Dan Solt
Dear Solt_Daniel,
Thank you for your hard work in fulfilling this request. Unfortunately the same issue arises with these spreadsheets with respect to columns B and C, and also including in column D where email addresses are present in the “subject.” Upon further research, I found that this is an issue with the settings in Excel with regards to how the e-mail is formatted when the document is created. Therefore the issue arises when you are inputting/creating the information on your end. Are you able to upload the entire document as a PDF as you did previously and/or change the settings on Excel? Thank you.
Yours sincerely,
Anonymous
No problem. I'll print out the excel spreadsheet and scan it in like I did previously.
Please see attached pdf documents. The title of the column is on the top of the first page of each pdf.
Let me know if you have any questions.
Dan Solt