E-mails between April 28, 2018 and June 12, 2018

The request was refused by Monmouth County Prosecutor's Office.

Dear Monmouth County Prosecutor's Office,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:

1. All e-mails to and from Guy G. McCormick between April 28, 2018 and June 12, 2018 containing the words 'Jennifer Coombs', 'Jen Coombs', 'OPRA Request(s)', and/or 'Citizens Videotaping in Public Buildings'.

2. All e-mails to and from Lori Linskey between April 28, 2018 and June 12, 2018 containing the words 'Jennifer Coombs', 'Jen Coombs', 'OPRA Request(s)', and/or 'Citizens Videotaping in Public Buildings'.

3. All e-mails to and from Christopher Gramiccioni between April 28, 2018 and June 12, 2018 containing the words 'Jennifer Coombs', 'Jen Coombs', 'OPRA Request(s)', and/or 'Citizens Videotaping in Public Buildings'.

4. All e-mails to and from John G. McCabe, Jr. between April 28, 2018 and June 12, 2018 containing the words 'Jennifer Coombs', 'Jen Coombs', 'OPRA Request(s)', and/or 'Citizens Videotaping in Public Buildings'.

5. All e-mails to and from Teresa Wilbert between April 28, 2018 and June 12, 2018 containing the words 'Jennifer Coombs', 'Jen Coombs', 'OPRA Request(s)', and/or 'Citizens Videotaping in Public Buildings'.

Yours faithfully,

ASK NJ Media Co.

Catherine Kim,

Good afternoon,

 

Please be advised this office represents the County of Monmouth (“County”)
in regards to your OPRA request submitted and received on June 11, 2018.
Due to the volume of records involved in this request and the required
redactions, we respectfully request a fifteen (15) business day extension.

 

Should you have any questions or concerns, please do not hesitate to
contact me.

 

Thank you,

 

 

 

Catherine Kim, Esq., Associate

Cleary I Giacobbe I Alfieri I Jacobs LLC

955 State Route 34

Suite 200

Matawan, NJ 07747

(732) 583-7474 ext 151 Office

(732) 290-0753 Fax

email address:  [1][email address]

This message, including attachments, is covered by the Electronic
Communication Privacy Act, 18 U.S.C., sections 2510-2521, is CONFIDENTIAL
and may also be protected by ATTORNEY/CLIENT PRIVILEGE. If you believe you
received this e-mail in error, do not read it. If you are not the intended
recipient, you are hereby notified that any retention, dissemination,
distribution, or copying of this communication is strictly prohibited. If
the reader of this message is not the intended recipient, I did not intend
to waive and do not waive any privileges or confidentiality of this
message or the attachments. Please reply to the sender that you have
received the message in error, then delete it. Thank you.

 

References

Visible links
1. mailto:[email address]

Dear Catherine Kim,

I'm granting the extension that you have requested.

Yours sincerely,

ASK NJ Media Co.

Catherine Kim,

Good afternoon,

Please be advised this office represents the County of Monmouth (“County”)
in the above-referenced matter. In the next coming days, the County will
be implementing a new policy when handling Open Public Records Act
(“OPRA”) requests. As part of the new policy, the County will be modifying
the processing mechanism for certain OPRA requests. In its continuing
efforts to work along with the public, the County respectfully requests an
extension until the new policy is implemented and available for review on
the Monmouth County website. Should your request be affected by the new
policy, the County will promptly notify you and respond accordingly.

 

Please do not hesitate to contact me should you have any questions or
concerns.

We appreciate your cooperation and apologize for the inconvenience. Your
future assistance is greatly appreciated.

Thank you,

 

 

Catherine Kim, Esq., Associate

Cleary I Giacobbe I Alfieri I Jacobs LLC

955 State Route 34

Suite 200

Matawan, NJ 07747

(732) 583-7474 ext 151 Office

(732) 290-0753 Fax

email address:  [1][email address]

This message, including attachments, is covered by the Electronic
Communication Privacy Act, 18 U.S.C., sections 2510-2521, is CONFIDENTIAL
and may also be protected by ATTORNEY/CLIENT PRIVILEGE. If you believe you
received this e-mail in error, do not read it. If you are not the intended
recipient, you are hereby notified that any retention, dissemination,
distribution, or copying of this communication is strictly prohibited. If
the reader of this message is not the intended recipient, I did not intend
to waive and do not waive any privileges or confidentiality of this
message or the attachments. Please reply to the sender that you have
received the message in error, then delete it. Thank you.

 

From: Catherine Kim
Sent: Wednesday, June 20, 2018 2:22 PM
To: '[OPRA #1823 email]'
<[OPRA #1823 email]>
Subject: OPRA Request: E-mails between April 28, 2018 and June 12, 2018

 

Good afternoon,

 

Please be advised this office represents the County of Monmouth (“County”)
in regards to your OPRA request submitted and received on June 11, 2018.
Due to the volume of records involved in this request and the required
redactions, we respectfully request a fifteen (15) business day extension.

 

Should you have any questions or concerns, please do not hesitate to
contact me.

 

Thank you,

 

 

 

Catherine Kim, Esq., Associate

Cleary I Giacobbe I Alfieri I Jacobs LLC

955 State Route 34

Suite 200

Matawan, NJ 07747

(732) 583-7474 ext 151 Office

(732) 290-0753 Fax

email address:  [2][email address]

This message, including attachments, is covered by the Electronic
Communication Privacy Act, 18 U.S.C., sections 2510-2521, is CONFIDENTIAL
and may also be protected by ATTORNEY/CLIENT PRIVILEGE. If you believe you
received this e-mail in error, do not read it. If you are not the intended
recipient, you are hereby notified that any retention, dissemination,
distribution, or copying of this communication is strictly prohibited. If
the reader of this message is not the intended recipient, I did not intend
to waive and do not waive any privileges or confidentiality of this
message or the attachments. Please reply to the sender that you have
received the message in error, then delete it. Thank you.

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Catherine Kim,

1 Attachment

Good morning Ms. Coombs,

 

Please be advised this office represents the County of Monmouth (“County”)
in the above-referenced matter. Attached hereto is a statement regarding
the new County OPRA policy that modifies the processing mechanism for
certain OPRA requests. Please review carefully and return the filled-out
statement. Once I am in receipt of the statement, the County will proceed
with processing your OPRA request.

 

Should you have any questions or concerns, please do not hesitate to
contact me.

 

Thank you for your cooperation.

 

 

 

Catherine Kim, Esq., Associate

Cleary I Giacobbe I Alfieri I Jacobs LLC

955 State Route 34

Suite 200

Matawan, NJ 07747

(732) 583-7474 ext 151 Office

(732) 290-0753 Fax

email address:  [1][email address]

This message, including attachments, is covered by the Electronic
Communication Privacy Act, 18 U.S.C., sections 2510-2521, is CONFIDENTIAL
and may also be protected by ATTORNEY/CLIENT PRIVILEGE. If you believe you
received this e-mail in error, do not read it. If you are not the intended
recipient, you are hereby notified that any retention, dissemination,
distribution, or copying of this communication is strictly prohibited. If
the reader of this message is not the intended recipient, I did not intend
to waive and do not waive any privileges or confidentiality of this
message or the attachments. Please reply to the sender that you have
received the message in error, then delete it. Thank you.

 

From: Catherine Kim
Sent: Wednesday, July 11, 2018 5:47 PM
To: '[OPRA #1823 email]'
<[OPRA #1823 email]>
Subject: RE: OPRA Request: E-mails between April 28, 2018 and June 12,
2018

 

Good afternoon,

 

Please be advised this office represents the County of Monmouth (“County”)
in the above-referenced matter. In the next coming days, the County will
be implementing a new policy when handling Open Public Records Act
(“OPRA”) requests. As part of the new policy, the County will be modifying
the processing mechanism for certain OPRA requests. In its continuing
efforts to work along with the public, the County respectfully requests an
extension until the new policy is implemented and available for review on
the Monmouth County website. Should your request be affected by the new
policy, the County will promptly notify you and respond accordingly.

 

Please do not hesitate to contact me should you have any questions or
concerns.

 

We appreciate your cooperation and apologize for the inconvenience. Your
future assistance is greatly appreciated.

 

Thank you,

 

 

Catherine Kim, Esq., Associate

Cleary I Giacobbe I Alfieri I Jacobs LLC

955 State Route 34

Suite 200

Matawan, NJ 07747

(732) 583-7474 ext 151 Office

(732) 290-0753 Fax

email address:  [2][email address]

This message, including attachments, is covered by the Electronic
Communication Privacy Act, 18 U.S.C., sections 2510-2521, is CONFIDENTIAL
and may also be protected by ATTORNEY/CLIENT PRIVILEGE. If you believe you
received this e-mail in error, do not read it. If you are not the intended
recipient, you are hereby notified that any retention, dissemination,
distribution, or copying of this communication is strictly prohibited. If
the reader of this message is not the intended recipient, I did not intend
to waive and do not waive any privileges or confidentiality of this
message or the attachments. Please reply to the sender that you have
received the message in error, then delete it. Thank you.

 

From: Catherine Kim
Sent: Wednesday, June 20, 2018 2:22 PM
To: '[OPRA #1823 email]'
<[3][OPRA #1823 email]>
Subject: OPRA Request: E-mails between April 28, 2018 and June 12, 2018

 

Good afternoon,

 

Please be advised this office represents the County of Monmouth (“County”)
in regards to your OPRA request submitted and received on June 11, 2018.
Due to the volume of records involved in this request and the required
redactions, we respectfully request a fifteen (15) business day extension.

 

Should you have any questions or concerns, please do not hesitate to
contact me.

 

Thank you,

 

 

 

Catherine Kim, Esq., Associate

Cleary I Giacobbe I Alfieri I Jacobs LLC

955 State Route 34

Suite 200

Matawan, NJ 07747

(732) 583-7474 ext 151 Office

(732) 290-0753 Fax

email address:  [4][email address]

This message, including attachments, is covered by the Electronic
Communication Privacy Act, 18 U.S.C., sections 2510-2521, is CONFIDENTIAL
and may also be protected by ATTORNEY/CLIENT PRIVILEGE. If you believe you
received this e-mail in error, do not read it. If you are not the intended
recipient, you are hereby notified that any retention, dissemination,
distribution, or copying of this communication is strictly prohibited. If
the reader of this message is not the intended recipient, I did not intend
to waive and do not waive any privileges or confidentiality of this
message or the attachments. Please reply to the sender that you have
received the message in error, then delete it. Thank you.

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[OPRA #1823 email]
4. mailto:[email address]

Dear Catherine Kim,

I'm not legally required to fill out the agency's form and that my email request
is legally valid. Please comply with my legally valid OPRA request within the legal time period
of 7 business days. Pursuant to Renna v. County of Union (App. Div. 2009),
OPRA requests should be on the agency’s official OPRA request form.
However, a written request that is not on the agency’s official OPRA
request form cannot be denied solely because the request is not on the
request form. Written requests which are not on the form must mention
OPRA. Therefore, if a requestor elects not to use an agency’s official
OPRA request form, he/she must submit an otherwise written request that
clearly identifies itself as an OPRA request.

Yours sincerely,

ASK NJ Media Co.

Catherine Kim,

Ms. Coombs,

If you read the policy carefully, the County is not denying your OPRA on grounds that the OPRA request itself is invalid. The County reserves its discretion to partake on websites like OPRA Machine. The County is required to take specific steps to protect individual privacy whenever it uses third-party websites and applications to engage with the public. Upon examination of OPRA Machine's privacy policy, the County has determined that the third party website is not appropriate for the County's use.

If you wish to move forward with the request, the County will require a secondary e-mail address.

Thank you,

Catherine Kim, Esq., Associate
Cleary I Giacobbe I Alfieri I Jacobs LLC
955 State Route 34
Suite 200
Matawan, NJ 07747
(732) 583-7474 ext 151 Office
(732) 290-0753 Fax
email address:  [email address]
This message, including attachments, is covered by the Electronic Communication Privacy Act, 18 U.S.C., sections 2510-2521, is CONFIDENTIAL and may also be protected by ATTORNEY/CLIENT PRIVILEGE. If you believe you received this e-mail in error, do not read it. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. If the reader of this message is not the intended recipient, I did not intend to waive and do not waive any privileges or confidentiality of this message or the attachments. Please reply to the sender that you have received the message in error, then delete it. Thank you.

show quoted sections

Dear Catherine Kim,

I'm not legally required to fill out the agency's form and that my email request
is legally valid. Please comply with my legally valid OPRA request within the legal time period
of 7 business days. Pursuant to Renna v. County of Union (App. Div. 2009),
OPRA requests should be on the agency’s official OPRA request form.
However, a written request that is not on the agency’s official OPRA
request form cannot be denied solely because the request is not on the
request form. Written requests which are not on the form must mention
OPRA. Therefore, if a requestor elects not to use an agency’s official
OPRA request form, he/she must submit an otherwise written request that
clearly identifies itself as an OPRA request..

Yours sincerely,

ASK NJ Media Co.

Catherine Kim,

Ms. Coombs,

The County will fulfill your OPRA request once you provide a secondary e-mail address. However, if you wish to not provide an alternative e-mail, the County will deny your request.

Thank you,

Catherine Kim, Esq., Associate
Cleary I Giacobbe I Alfieri I Jacobs LLC
955 State Route 34
Suite 200
Matawan, NJ 07747
(732) 583-7474 ext 151 Office
(732) 290-0753 Fax
email address:  [email address]
This message, including attachments, is covered by the Electronic Communication Privacy Act, 18 U.S.C., sections 2510-2521, is CONFIDENTIAL and may also be protected by ATTORNEY/CLIENT PRIVILEGE. If you believe you received this e-mail in error, do not read it. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. If the reader of this message is not the intended recipient, I did not intend to waive and do not waive any privileges or confidentiality of this message or the attachments. Please reply to the sender that you have received the message in error, then delete it. Thank you.

show quoted sections

Dear Catherine Kim,

The county cannot discriminate against which email addresses that it will respond to. There is nothing in the OPRA statute or New Jersey case law that authorizes the County to exercise any "discretion" over whether or not these requests are valid. The e-mail address that I already provided is legally valid. Please comply with my legally valid OPRA request within 6 business days.

Yours sincerely,

ASK NJ Media Co.

Catherine Kim,

Ms. Coombs,

Despite the County's attempt to cooperate with you, you continue to refuse to provide an alternative e-mail address. As a result, your OPRA request is denied.

If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the County of Monmouth 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, NJ, 08625, by e-mail at [email address], or at their web site at www.state.nj.us/grc. The Council can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.

Thank you,

Catherine Kim, Esq., Associate
Cleary I Giacobbe I Alfieri I Jacobs LLC
955 State Route 34
Suite 200
Matawan, NJ 07747
(732) 583-7474 ext 151 Office
(732) 290-0753 Fax
email address:  [email address]
This message, including attachments, is covered by the Electronic Communication Privacy Act, 18 U.S.C., sections 2510-2521, is CONFIDENTIAL and may also be protected by ATTORNEY/CLIENT PRIVILEGE. If you believe you received this e-mail in error, do not read it. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. If the reader of this message is not the intended recipient, I did not intend to waive and do not waive any privileges or confidentiality of this message or the attachments. Please reply to the sender that you have received the message in error, then delete it. Thank you.

show quoted sections