Emails - Neptune Township Mayor Michael Brantley and Deputy Mayor Nicholas Williams
Dear Neptune Township,
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 and attachments, documents, correspondences, notes and memorandums to or from Nicholas Williams, Committeeman Nicholas Williams, Deputy Mayor Nicholas Williams, Mayor Nicholas Williams, Michael Brantley, Dr. Michael Brantley, Mayor Brantley, Committeeman Michael Brantley, Deputy Mayor Brantley, with the following search terms; Deputy Chief Promotion, Chief Promotion, Acting Chief Promotion, Acting Deputy Chief Promotion, Promotion Policy, Promotional Policy, Promotional Process, Promotion Ordinance, Promotion Standard Operating Procedures from January 1, 2017 through December 23, 2021.
Yours faithfully,
John Klein
Mr. Klein,
The Township is in the process of retrieving and reviewing relevant
documents pursuant to your OPRA request.
The number of documents is voluminous and I am requesting an extension of
two weeks which is January 19^th
Thank you for your consideration.
Rick Cuttrell
Municipal Clerk
Township of Neptune
25 Neptune Boulevard
Neptune, NJ 07753
[1][email address]
732-988-5200 x234
Dear Rick Cuttrell,
Your request is granted, I understand this request is extensive. Thank you!
Yours sincerely,
John Klein
The Township of Neptune received an Open Public Records Act (OPRA) request
on 12/23/2021 As such, the seven (7) business day deadline to respond to
your request is January 5, 2022. An extension was previously requested to
January 19, 2022.
An extension for response is required due to the volume of documents
requiring legal review. The response will be provided on or before
February 2, 2022
The request was for:
“1. Emails and attachments, documents, correspondences, notes and
memorandums to or from Nicholas Williams, Committeeman Nicholas Williams,
Deputy Mayor Nicholas Williams, Mayor Nicholas Williams, Michael Brantley,
Dr. Michael Brantley, Mayor Brantley, Committeeman Michael Brantley,
Deputy Mayor Brantley, with the following search terms; Deputy Chief
Promotion, Chief Promotion, Acting Chief Promotion, Acting Deputy Chief
Promotion, Promotion Policy, Promotional Policy, Promotional Process,
Promotion Ordinance, Promotion Standard Operating Procedures from January
1, 2017 through December 23, 2021.”
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 Township of Old Bridge 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 [1][email address], or
at their web site at [2]www.state.nj.us/grc. The GRC 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[3][email address]
732.988.5200 Ext, 234
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. mailto:[email address]
Dear Gabriella Siboni,
I understand this may require a legal review and the additional time is understandable. Thank you for the update.
Yours sincerely,
John Klein
The Township of Neptune received an Open Public Records Act (OPRA) request
on 12/23/2021 As such, the seven (7) business day deadline to respond to
your request is January 5, 2022. An extension was previously requested to
January 19, 2022.
An additional extension for response is required due to the volume of
documents requiring legal review. The response will be provided on or
before February 16, 2022.
The request was for:
“1. Emails and attachments, documents, correspondences, notes and
memorandums to or from Nicholas Williams, Committeeman Nicholas Williams,
Deputy Mayor Nicholas Williams, Mayor Nicholas Williams, Michael Brantley,
Dr. Michael Brantley, Mayor Brantley, Committeeman Michael Brantley,
Deputy Mayor Brantley, with the following search terms; Deputy Chief
Promotion, Chief Promotion, Acting Chief Promotion, Acting Deputy Chief
Promotion, Promotion Policy, Promotional Policy, Promotional Process,
Promotion Ordinance, Promotion Standard Operating Procedures from January
1, 2017 through December 23, 2021.”
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 Township of Old Bridge 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 GRC 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
732.988.5200 Ext, 234
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[1][email address]
732.988.5200 Ext. 234
References
Visible links
1. mailto:[email address]
Dear Gabriella Siboni,
Your extension is granted under the circumstances. As a reminder any records not provided, the township must provide a reason why the document is being denied and under what exemption.
Yours sincerely,
John Klein
The Township of Neptune received an Open Public Records Act (OPRA) request
on December 23, 2021. There were three extensions requested with a
deadline to February 16, 2022.
The request was for:
“1. Emails and attachments, documents, correspondences, notes and
memorandums to or from Nicholas Williams, Committeeman Nicholas Williams,
Deputy Mayor Nicholas Williams, Mayor Nicholas Williams, Michael Brantley,
Dr. Michael Brantley, Mayor Brantley, Committeeman Michael Brantley,
Deputy Mayor Brantley, with the following search terms; Deputy Chief
Promotion, Chief Promotion, Acting Chief Promotion, Acting Deputy Chief
Promotion, Promotion Policy, Promotional Policy, Promotional Process,
Promotion Ordinance, Promotion Standard Operating Procedures from January
1, 2017 through December 23, 2021.”
Pursuant to N.J.S.A. 47:1A-1 it has been determined that there are items
included on responsive document pages 18,34,35,91,92,101,102,103,105, 108
and 109 that do not qualify under the OPRA laws because it seeks
personnel records which are not considered government records. Therefore,
the specific information determined to be exempt under OPRA has been
redacted from the responsive document on pages
18,34,35,91,92,101,102,103,105, 108 and 109. The remainder has been
provided in the attached document titled “
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 Township of Neptune 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 [1][email address], or at
their web site at [2]www.state.nj.us/grc. The GRC 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[3][email address]
732.988.5200 Ext. 234
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. mailto:[email address]
Mr. Klein,
My apologies, I did not include the additional Vaughn index of records
withheld.
Please see attached index. There is a legend in the footer of the index
identifying the reasons for exemption.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[1][email address]
732.988.5200 Ext. 234
From: Gabriella Siboni
Sent: Wednesday, February 16, 2022 2:09 PM
To: [OPRA #28367 email]
Subject: OPRA Request- Klein
The Township of Neptune received an Open Public Records Act (OPRA) request
on December 23, 2021. There were three extensions requested with a
deadline to February 16, 2022.
The request was for:
“1. Emails and attachments, documents, correspondences, notes and
memorandums to or from Nicholas Williams, Committeeman Nicholas Williams,
Deputy Mayor Nicholas Williams, Mayor Nicholas Williams, Michael Brantley,
Dr. Michael Brantley, Mayor Brantley, Committeeman Michael Brantley,
Deputy Mayor Brantley, with the following search terms; Deputy Chief
Promotion, Chief Promotion, Acting Chief Promotion, Acting Deputy Chief
Promotion, Promotion Policy, Promotional Policy, Promotional Process,
Promotion Ordinance, Promotion Standard Operating Procedures from January
1, 2017 through December 23, 2021.”
Pursuant to N.J.S.A. 47:1A-1 it has been determined that there are items
included on responsive document pages 18,34,35,91,92,101,102,103,105, 108
and 109 that do not qualify under the OPRA laws because it seeks
personnel records which are not considered government records. Therefore,
the specific information determined to be exempt under OPRA has been
redacted from the responsive document on pages
18,34,35,91,92,101,102,103,105, 108 and 109. The remainder has been
provided in the attached document titled “
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 Township of Neptune 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 [2][email address], or at
their web site at [3]www.state.nj.us/grc. The GRC 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[4][email address]
732.988.5200 Ext. 234
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.state.nj.us/grc
4. mailto:[email address]
Dear Gabriella Siboni,
Thank you for the additional information. Please take this as an additional request.
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. All OPRA/Common Law requests sent to or received by Neptune Township with the following search terms, subject matter or relating to; Committeewoman Tassie York, York and Tassie York from July 1, 2021 to February 17, 2022.
2. All emails, letters and correspondences relating to the ethics complaint sent to or received from the NJ Department of Community Affairs Division of Local Government Ethics and Local Finance or any other county, state or federal government agency concerning Committeewoman Tassie York to include any Neptune Township employee or agent from July 1, 2021 to February 17, 2022.
3. Resolutions, ordinances, minutes to meetings, relating to Tassie York with the search term; ethics, ethics complaint, from July 1, 2021 to February 17, 2022.
4. Neptune Township's response (letters, emails and correspondences) to the Monmouth County Prosecutor's Office letter dated December 1, 2021 sent to BA Gina LaPlaca reference to Committeewoman Tassie York and Municipal Prosecutor James Butler to include responses sent to the NJ Department of Community Affairs Division of Local Government Ethics and Local Finance or any other county, state or federal government agency.
Yours faithfully,
John Klein
The Township of Neptune received an Open Public Records Act (OPRA) request
on February 18, 2022. As such, the seven (7) business day deadline to
respond to your request is March 2, 2022
The request was for:
1. All OPRA/Common Law requests sent to or received by Neptune Township
with the following search terms, subject matter or relating to;
Committeewoman Tassie York, York and Tassie York from July 1, 2021 to
February 17, 2022.
Pursuant to NJSA 47:1A-1.1 it has been determined that this request does
not qualify as a document request pursuant to the OPRA laws and the
definition thereof. This governmental custodian is not required to conduct
research, analyze, collate, compile and/or correlate data from existing
government records. A blanket request for all documents is not a document
request pursuant to OPRA and existing case law. Pursuant to MAG
Entertainment, LLC v Div. of Alcoholic Beverage Control, 375 N.J.Super.
534, 868A2d 1067 (App.Div.2005), and Bent 381 NJ Super 30. Under OPRA,
agencies are required to disclose only “identifiable” governmental
documents not otherwise exempt. Wholesale requests for general information
which have to be collated, analyzed and compiled by the entity are not
required. Therefore, I respectfully deny your request at this time.
2. All emails, letters and correspondences relating to the ethics
complaint sent to or received from the NJ Department of Community
Affairs Division of Local Government Ethics and Local Finance or any
other county, state or federal government agency concerning
Committeewoman Tassie York to include any Neptune Township employee or
agent from July 1, 2021 to February 17, 2022.
Please see attached document titled “2021-12-1 Letter from Monmouth County
Prosecutor re York and Butler”
3. Resolutions, ordinances, minutes to meetings, relating to Tassie York
with the search term; ethics, ethics complaint, from July 1, 2021 to
February 17, 2022.
Pursuant to NJSA 47:1A-1.1 it has been determined that this request does
not qualify as a document request pursuant to the OPRA laws and the
definition thereof. This governmental custodian is not required to conduct
research, analyze, collate, compile and/or correlate data from existing
government records. A blanket request for all documents is not a document
request pursuant to OPRA and existing case law. Pursuant to MAG
Entertainment, LLC v Div. of Alcoholic Beverage Control, 375 N.J.Super.
534, 868A2d 1067 (App.Div.2005), and Bent 381 NJ Super 30. Under OPRA,
agencies are required to disclose only “identifiable” governmental
documents not otherwise exempt. Wholesale requests for general information
which have to be collated, analyzed and compiled by the entity are not
required. However, please note that adopted minutes are posted on the
Township website and can be accessed for review there.
[1]https://neptunetownship.org/agendas-minu...
4. Neptune Township's response (letters, emails and correspondences) to
the Monmouth County Prosecutor's Office letter dated December 1, 2021
sent to BA Gina LaPlaca reference to Committeewoman Tassie York and
Municipal Prosecutor James Butler to include responses sent to the NJ
Department of Community Affairs Division of Local Government Ethics
and Local Finance or any other county, state or federal government
agency.
There are no responsive records to this request.
Without prejudice to the above statement the only document remotely
related to the request is the enclosed Resolution of the Township
Committee referring the York matter to the Finance Board
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 Township of Neptune 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 [2][email address], or at
their web site at [3]www.state.nj.us/grc. The GRC 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[4][email address]
732.988.5200 Ext. 234
References
Visible links
1. https://neptunetownship.org/agendas-minu...
2. mailto:[email address]
3. http://www.state.nj.us/grc
4. mailto:[email address]
Dear Gabriella Siboni,
1. All OPRA/Common Law requests sent to or received by Neptune Township
with the following search terms, subject matter or relating to;
Committeewoman Tassie York, York and Tassie York from July 1, 2021 to
February 17, 2022.
I believe you may have misunderstood #1's request. To clarify, I am requesting for the period from July 1, 2021 to March 3, 2022, all OPRA and Common Law requests received by the Township of Neptune regarding Tassie York including but not limited to any news media outlets. This request was already fulfilled by Richard Cutrell your former Clerk earlier this year. I am just asking for a more current record. As you know, OPRA requests within itself are public record. Thank you for your considerations.
Yours sincerely,
John Klein
Mr. Klein,
The Township of Neptune received an Open Public Records Act (OPRA) request on March 4, 2022. As such, the seven (7) business day deadline to respond to your request is March 15, 2022
The request was for:
1. All OPRA/Common Law requests sent to or received by Neptune Township with the following search terms, subject matter or relating to; Committeewoman Tassie York, York and Tassie York from July 1, 2021 to February 17, 2022."
Prior to January 20, 2022, a log of requests was not maintained and as such, use of "keywords, search, etc" is not applicable.
Pursuant to NJSA 47:1A-1.1 it has been determined that this request does not qualify as a document request pursuant to the OPRA laws and the definition thereof. This governmental custodian is not required to conduct research, analyze, collate, compile and/or correlate data from existing government records. A blanket request for all documents is not a document request pursuant to OPRA and existing case law. Pursuant to MAG Entertainment, LLC v Div. of Alcoholic Beverage Control, 375 N.J.Super. 534, 868A2d 1067 (App.Div.2005), and Bent 381 NJ Super 30. Under OPRA, agencies are required to disclose only “identifiable” governmental documents not otherwise exempt. Wholesale requests for general information which have to be collated, analyzed and compiled by the entity are not required. Please also note that on Question number 22 of the Frequently Asked Questions on the GRC Website https://www.state.nj.us/grc/custodians/f... uses an almost identical request (exception being that minutes are noted instead of record request) as an example of an invalid request under OPRA as it "requires the custodian to research/ read through" to determine responsive records. However, I have attached a copy of the Requests log for 2022 that shows requestor, documents requested and date of request.
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 Township of Neptune 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 GRC 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[email address]
732.988.5200 Ext. 234
Dear Gabriella Siboni,
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. On August 5, 2021 Municipal Clerk Richard Cuttrell released the Independent Investigators Report completed by attorney Ellen O'Connell from the law firm Inglesino, Webster, Wyciskala Taylor, LLC (dated April 24, 2020) who the township hired to investigate claims of discrimination and harassment. On page 8 of said report, Ms. O'Connell references an email message sent from Committeeman Brantley on November 4, 2013 regarding "Employment opportunities for administration in Neptune; Friends, Enough time has passed that Neptune Township has becomes (sic) that polished gem that I spoke of in my first campaign for township committee. Moving forwards, I expect that only black candidates will be considered for the
positions of Neptune Chief of Police and Superintendent of Schools. – Doc ".
(a) In researching documents released by the township including Chief James Hunt's civil lawsuit, it is obvious this email was provided to Ms. O'Connell Esq. and the township also has possession of it since it was sent to Neptune Township government email addresses including the former business administrator, Vito Gadaleta .
(b) If the township claim is the email does not exist; I am requesting the township gain a copy of said email from the independent investigator they hired who also acts as an agent or extension of the township for these purposes.
(c) If the email was destroyed under the NJ Records Retention Schedule, I am requesting proof and approval from the State of NJ of said destruction.
I am respectfully making this request prior to any further action in hopes you will be transparent and provide the email requested in accordance with the law. Paff v. Galloway Township expanded the scope of OPRA to require public entities to produce information relating to emails. Thank you for your considerations.
Yours faithfully,
J. Klein
Dear Gabriella Siboni,
This is my second 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. On August 5, 2021 Municipal Clerk Richard Cuttrell released the Independent Investigators Report completed by attorney Ellen O'Connell from the law firm Inglesino, Webster, Wyciskala Taylor, LLC (dated April 24, 2020) who the township hired to investigate claims of discrimination and harassment. On page 8 of said report, Ms. O'Connell references an email message sent from Committeeman Brantley on November 4, 2013 regarding "Employment opportunities for administration in Neptune; Friends, Enough time has passed that Neptune Township has becomes (sic) that polished gem that I spoke of in my first campaign for township committee. Moving forwards, I expect that only black candidates will be considered for the
positions of Neptune Chief of Police and Superintendent of Schools. – Doc ".
(a) In researching documents released by the township including Chief James Hunt's civil lawsuit, it is obvious this email was provided to Ms. O'Connell Esq. and the township also has possession of it since it was sent to Neptune Township government email addresses including the former business administrator, Vito Gadaleta .
(b) If the township claim is the email does not exist; I am requesting the township gain a copy of said email from the independent investigator they hired who also acts as an agent or extension of the township for these purposes.
(c) If the email was destroyed under the NJ Records Retention Schedule, I am requesting proof and approval from the State of NJ of said destruction.
I am respectfully making this request prior to any further action in hopes you will be transparent and provide the email requested in accordance with the law. Paff v. Galloway Township expanded the scope of OPRA to require public entities to produce information relating to emails. Thank you for your considerations.
Yours faithfully,
J. Klein
Mr. Klein,
I have looked into your request and I have attached a search that was performed in March of 2015 for the requested document. The search provided two responsive e-mail from the requested e-mail, but do not include any of the subject matter that is noted.
There are no responsive records that the Township has in response to this request. The search was completed prior to any ability for records destruction.
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 Township of Neptune 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 GRC 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[email address]
732.988.5200 Ext. 234
Dear Gabriella Siboni,
According to your records checking your server, your search in 2015 did not locate the specific email I referred to. Due to this response, I am requesting you move forward and fulfill a & b as initially requested. My request was for a specific document/email in electronic or paper form.
(a) In researching documents released by the township including Chief James Hunt's civil lawsuit, it is obvious this email was provided to Ms. O'Connell Esq. and the township also has possession of it since it was sent to Neptune Township government email addresses including the former business administrator, Vito Gadaleta .
(b) If the township claim is the email does not exist; I am requesting the township gain a copy of said email from the independent investigator they hired who also acts as an agent or extension of the township for these purposes.
In addition I request a copy of all lawsuits/subpoenas/OPRA Requests/court documents/discovery/interrogatories specifically pertaining to this specific email/document sent on November 4, 2013 by Dr. Michael Brantley. I am not requesting the entire document, just the portion pertaining to the email sent by Dr. Michael Brantley such as requests for this document or the document itself contained within a lawsuit/subpoena/OPRA Request/court document/discovery/interrogatories in the townships possession.
Thank you for your considerations.
Yours sincerely,
John Klein
Mr. Klein,
The search I provided from 2015 is the statement from the MIS department that there is not a responsive record, not that the search could not locate an e-mail. The search criteria was broader than the request you submitted and the result was that there are no responsive documents.
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 Township of Neptune 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 GRC 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[email address]
732.988.5200 Ext. 234
Dear Gabriella Siboni,
Thank you for your response but you did not fulfil the remainder of my request. 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:
I request a copy of all subpoenas/OPRA Requests/court documents/discovery/interrogatories specifically pertaining to this specific email/document sent on November 4, 2013 by Dr. Michael Brantley. I am not requesting the entire document, just the portion pertaining to the email sent by Dr. Michael Brantley such as requests for this document or the document itself contained within a subpoena/OPRA Request/court document/discovery/interrogatories in the townships possession including Ellen O'Connell Esq.'s investigative notes pertaining to this email. Ellen O'Connell's investigation and recommendation reports and findings have already been released to the media by the township's former clerk, Rick Cuttrell so denials on any attorney client or confidential personnel matter privilege is not valid.
Thank you for your considerations.
Yours sincerely,
John Klein
Dear Gabriella Siboni,
Your last response was on June 24, 2022 and my response was sent to you on July 9, 2022. I have been ill and not able to follow up on my initial request. This request is well overdue and am respectfully asking for your reconsideration and response promptly. See below my prior request sent on July 9, 2022.
Dear Gabriella Siboni,
Thank you for your response but you did not fulfil the remainder of my request. 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:
I request a copy of all subpoenas/OPRA Requests/court documents/discovery/interrogatories specifically pertaining to this specific email/document sent on November 4, 2013 by Dr. Michael Brantley. I am not requesting the entire document, just the portion pertaining to the email sent by Dr. Michael Brantley such as requests for this document or the document itself contained within a subpoena/OPRA Request/court document/discovery/interrogatories in the townships possession including Ellen O'Connell Esq.'s investigative notes pertaining to this email. Ellen O'Connell's investigation and recommendation reports and findings have already been released to the media by the township's former clerk, Rick Cuttrell so denials on any attorney client or confidential personnel matter privilege is not valid.
Thank you for your considerations.
Yours sincerely,
John Klein
Mr. Klein,
The Township is in receipt of your request.
The request was for:
" I request a copy of all subpoenas/OPRA Requests/court documents/discovery/interrogatories specifically pertaining to this specific email/document sent on November 4, 2013 by Dr. Michael Brantley. I am not requesting the entire document, just the portion pertaining to the email sent by Dr. Michael Brantley such as requests for this document or the document itself contained within a subpoena/OPRA Request/court document/discovery/interrogatories in the townships possession including Ellen O'Connell Esq.'s investigative notes pertaining to this email. Ellen O'Connell's investigation and recommendation reports and findings have already been released to the media by the township's former clerk, Rick Cuttrell so denials on any attorney client or confidential personnel matter privilege is not valid."
Pursuant to N.J.S.A. 47:1A-1.1 it has been determined that this request does not qualify as a document request pursuant to the OPRA laws and the definition thereof. This governmental custodian is not required to conduct research, analyze, collate, compile and/or correlate data from existing governmental records. A blanket request for all documents is not a document request pursuant to OPRA and existing case law. Pursuant to MAG Entertainment, LLC v Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 868A2d 1067 (App. Div. 2005), and Bent 381 NJ Super 30. Under OPRA, agencies are required to disclose only “identifiable” governmental documents not otherwise exempt. Wholesale requests for general information which have to be collated, analyzed and compiled by the entity are not required. Therefore, I respectfully deny your request at this time.
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 Township of Neptune 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 GRC 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[email address]
732.988.5200 Ext. 234