Email logs for Chief Brian Ferguson, Middlesex County Department of Corrections and Youth Services
Dear Middlesex County,
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:
Copies of email logs for Middlesex County Department of Corrections and Youth Services Chief Brian Ferguson, from January 1st, 2018 to August 31, 2020.
Please include sender, recipient, date and subject.
Yours faithfully,
Anonymous
--- Please respond above this line ---
Good afternoon:
The County is in receipt of your OPRA request for the following: “Copies
of email logs for Middlesex County Department of Corrections and Youth
Services Chief Brian Ferguson, from January 1st, 2018 to August 31, 2020.”
Please be advised that further clarification is necessary in order to
respond to the above-referenced records request.
Specifically, to conduct a search of emails, the County requires (1) the
subject and/or content of the email; (2) the identity of the sender and/or
recipient thereof; and (3) a specific date or range of dates during which
the email(s) were transmitted. This criteria has been deemed necessary
under OPRA by the Government Records Council for a request for emails to
be valid. See Elcavage v. West Milford Twp. (Passaic), GRC Complaint No.
2009-07 (April 2010).
The County cannot formulate this criteria for you, as this could result
in an inaccurate production of documents. Based on your request, please
provide the search criteria listed above.
If you would like the County to proceed with your OPRA request, please
respond in writing within seven (7) days. If no response is received from
you, the County will consider this OPRA request withdrawn.
Sincerely,
Amy R. Petrocelli
Clerk of the Board
Dear Middlesex County OPRA Center,
Thank you for your quick response, I believe the request was quite clear and does include a specific range of dates January 01, 2018 to August 31, 2020. It also clearly and specifically requested the sender, recipient, date and subject. I am not requesting the actual email body, just the logs that are archived. For further clarification these should be in Excel format and similar to the request made to Middlesex County on July 24, 2019 for the email logs of Sheriff Mildred Scott and Under Sheriff Kevin Harris. That request was successfully executed and I am seeking the similar information that was obtained in that request.
Yours sincerely,
Anonymous
--- Please respond above this line ---
Good afternoon:
Please be advised that the County is processing your request to locate
documents responsive to your OPRA request. Due to the extensive nature of
your request, additional time beyond the statutorily-allowed seven (7)
business days is required to process and locate responsive documents and
since your request seeks to include “subject” in the email logs, these
email logs must be reviewed for privilege and confidentiality. OPRA allows
custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5(i).
Specifically, OPRA states that, “the requestor shall be advised by the
custodian when the record can be made available. If the record is not made
available by that time, access shall be deemed denied.”
Your request requires an extension of time until November 6, 2020.
Further, OPRA allows public agencies to impose special service charges
whenever the nature, format, manner of collation, or volume of a
government record embodied in the form of printed matter to be inspected,
examined, or copied pursuant to this section is such that the record
cannot be reproduced by ordinary document copying equipment in ordinary
business size or when fulfilling a request requires an extraordinary
expenditure of time and effort. See N.J.S.A. 47:1A-5.c. We will advise
you in writing beforehand if a special service charge is warranted to
conduct a privilege review of the pertinent documents.
Sincerely,
Amy R. Petrocelli
Clerk of the Board
Attachments:
[1]ferguson_EV.xlsx
[2]ferguson.csv
--- Please respond above this line ---
Good afternoon:
Please be advised that the County is processing your request to locate
documents responsive to your OPRA request. Due to the extensive nature of
your request, additional time beyond the statutorily-allowed seven (7)
business days is required to process and locate responsive documents and
since your request seeks to include “subject” in the email logs, these
email logs must be reviewed for privilege and confidentiality. OPRA allows
custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5(i).
Specifically, OPRA states that, “the requestor shall be advised by the
custodian when the record can be made available. If the record is not made
available by that time, access shall be deemed denied.”
Your request requires an extension of time until November 6, 2020.
Further, OPRA allows public agencies to impose special service charges
whenever the nature, format, manner of collation, or volume of a
government record embodied in the form of printed matter to be inspected,
examined, or copied pursuant to this section is such that the record
cannot be reproduced by ordinary document copying equipment in ordinary
business size or when fulfilling a request requires an extraordinary
expenditure of time and effort. See N.J.S.A. 47:1A-5.c. We will advise
you in writing beforehand if a special service charge is warranted to
conduct a privilege review of the pertinent documents.
Sincerely,
Amy R. Petrocelli
Clerk of the Board
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
2. https://u8387795.ct.sendgrid.net/ls/clic...