Emails received from Constant Contact January 1, 2022 to present
Dear Livingston Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
All emails received by any @livingstonnj.org address from any @njtransportation.ccsend.com or @ccsend.com email domain, from January 1, 2022 to present, including message body, headers and metadata.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Concerned Livingston Residents
Dear Livingston Township,
We have yet to receive a response to this request. Just following up.
Yours faithfully,
Concerned Livingston Residents
Good evening,
OPRA requires public agencies to respond within 7 (seven) business days of
an OPRA request, starting the day after the request is received. Your
request was sent on April 6, 2026, an therefore, a response will be
provided on or before Wednesday, April 15, 2026 as required.
The Clerk's Department
Dear Concerned Livingston Residents,
This comes in response to your request for records under OPRA and the
common law right of access for “all emails received by any
@Iivingstonnj.org address from any @[1]njtransportation.ccsend.com or
@[2]ccsend.com email domain, from January 1, 2022 to present, including
message body, headers and metadata”.
I. Emails received by any @[3]livingstonnj.org address
from [4]any @njtransportation.ccsend.com from January 1, 2022 to Present
The Township’s IT department identified 476 responsive [5]livingstonnj.org
emails received from @[6]njtransportation.ccsend.com. It is estimated
that it would take 16 hours or more to extract, collate, redact, and
create a Vaughn Index for this number of emails. Pursuant to N.J.S.A.
47:1A-5.c., public agencies are allowed to assess a special service fee
when the request requires extensive time and effort or extensive use of
technology. As the requestor, you can accept or deny this charge, which
is estimated to be $459.04, calculated by the number of estimated hours
(16) multiplied by the hourly salary of the lowest level employee capable
of fulfilling the request ($28.69).
Alternatively, you could review the attached metadata spreadsheet and
identify the specific emails you seek, which may shorten the process and
the time involved, and possibly alleviate the need to assess a special
service charge. Pursuant to N.J.S.A. 47:1A-1.1 Metadata is exempt from
disclosure except that portion that identifies authorship, identity of
editor, and time of change. If we do not hear back from you within 7
business days, April 23, 2026 we will consider your request to be closed.
Kindly respond in writing with a revised request or your acceptance or
rejection of this estimated charge within 7 business days, April 23,
2026. We will not begin to process this request until we receive your
written acceptance and a 50% deposit of the special service charge
$229.52.
II. Emails received by any @[7]livingstonnj.org address
from [8]any @ccsend.com email domain from January 1, 2022 to Present
Our IT Department advised that there are an extraordinary number of
@[9]ccsend.com emails as it is estimated that each and every one of the
current 271 employees receives several @[10]ccsend.com emails per month.
A few select employees receive hundreds each day. Also, there are an
additional 70 email groups, plus archived emails, from employees who are
no longer employed but were employed in the referenced timeframe.
Additionally, P.L. 2024, c.16 sets forth criteria for a valid OPRA request
seeking communications, including e-mails, text messages, other forms of
correspondence, and social media communications. N.J.S.A. 47:1A-5(g). The
criteria, which mirrors those originally devised in Elcavage v. West
Milford Twp. (Passaic), GRC Complaint No. 2009-07 (April 2010), are
comprised of:
• “[S]pecific job title or accounts” (including “specific
individuals by . . . job title and position”)
• “[A] specific subject matter”
• “[A] reasonable time period”
Custodians are permitted to deny access to an OPRA request that does not
conform to the above criteria.
Your request is too broad, please narrow the scope of your request.
Sincerely,
Township Clerk's Office
Livingston Township Hall
357 S. Livingston Avenue
Livingston, NJ 07039
P 973-992-5000 ext #5400 | F 973-535-7967
[11]www.livingstonnj.org
Sign Up for [12]Livingston Alerts & Notifications
Dear Township Clerk's Office,
Thank you for your response of April 16, 2026 regarding the request for emails received by @livingstonnj.org accounts from @njtransportation.ccsend.com and @ccsend.com senders, and for the metadata spreadsheet provided in connection with Part I of that response.
This email constitutes a timely written response within the seven (7) business day window set in your April 16 letter (deadline April 23, 2026), and contains revised requests as to both Part I and Part II. It is submitted under OPRA, N.J.S.A. 47:1A-1 et seq., and the common law right of access. Per N.J.S.A. 47:1A-5(f), an email containing all information required on the adopted form is a valid government records request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States. I WILL NOT use the requested government records for a commercial purpose. I AM NOT seeking records in connection with a legal proceeding.
PART I — Revised Request (in lieu of acceptance or rejection of the proposed $459.04 special service charge)
The metadata spreadsheet you produced has substantially narrowed the scope of records sought under Part I. I am revising Part I to seek only the specific emails identified by the Rfc822MessageId values you yourselves disclosed in that production, addressed to the specific recipients identified therein.
For each of the 21 unique (Message-ID, recipient) combinations enumerated below — which together correspond to all 35 responsive records reflected in the metadata production — I request the complete message body and full RFC 5322 headers, including but not limited to: From, To, Cc, Bcc, Date, Subject, Message-ID, Received, Return-Path, Reply-To, List-Unsubscribe, List-Unsubscribe-Post, DKIM-Signature, and Authentication-Results. To the extent any of the message identifiers below corresponds to more than one record in the Township's Exchange/M365 environment (e.g., due to journaling, retention copies, or distribution-list expansion), please produce all instances.
Because these records are identified by unique message identifier already in the Township's possession, no extraction, search, collation, indexing, or Vaughn Index labor is required, and the special service charge contemplated under N.J.S.A. 47:1A-5.c. is not warranted as to this revised request. The records are mass-distributed third-party email marketing communications transmitted via the Constant Contact (ccsend.com) platform; they contain no constituent personally identifiable information, no deliberative content, no attorney-client material, and no other content of a kind that has been identified as triggering any specific OPRA exemption requiring line-by-line redaction. Should the Township nonetheless intend to invoke any specific statutory exemption as to any specific record, please identify the record by Rfc822MessageId and the precise statutory or regulatory exemption invoked.
Items 16 and 17 below ("Thank you - Livingston Councilman Dr. Shawn R. Klein - Holiday Reception," sent December 4, 2024) are of particular interest. I respectfully request that these two records be prioritized in the production.
Records requested under revised Part I:
[email address] — 2024-11-11 — To: [email address] — Subject: "Livingston Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[email address] — 2024-11-11 — To: [email address] — Subject: "Livingston Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[email address] — 2024-11-11 — To: [email address] — Subject: "Livingston Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[email address] — 2024-11-11 — To: [email address] — Subject: "Livingston Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[email address] — 2024-11-11 — To: [email address] — Subject: "Livingston Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[email address] — 2024-11-13 — To: [email address] — Subject: "Reminder: Livingston Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[email address] — 2024-11-17 — To: [email address] — Subject: "Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd, Crystal Plaza"
[email address] — 2024-11-17 — To: [email address] — Subject: "Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd, Crystal Plaza"
[email address] — 2024-11-24 — To: [email address] — Subject: "Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd, Crystal Plaza"
[email address] — 2024-11-24 — To: [email address] — Subject: "Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd, Crystal Plaza"
[email address] — 2024-12-01 — To: [email address] — Subject: "IN 3 DAYS!! - Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd, Crystal Plaza"
[email address] — 2024-12-01 — To: [email address] — Subject: "IN 3 DAYS!! - Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd, Crystal Plaza"
[email address] — 2024-12-01 — To: [email address] — Subject: "IN 3 DAYS!! - Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd, Crystal Plaza"
[email address] — 2024-12-01 — To: [email address] — Subject: "IN 3 DAYS!! - Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd, Crystal Plaza"
[email address] — 2024-12-01 — To: [email address] — Subject: "IN 3 DAYS!! - Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd, Crystal Plaza"
[email address] — 2024-12-04 — To: [email address] — Subject: "Thank you - Livingston Councilman Dr. Shawn R. Klein - Holiday Reception" — PRIORITY
[email address] — 2024-12-04 — To: [email address] — Subject: "Thank you - Livingston Councilman Dr. Shawn R. Klein - Holiday Reception" — PRIORITY
[email address] — 2025-05-12 — To: [email address] — Subject: "Less than 10 Days - Assemblywoman Rosy Bagolie - Election Fundraiser - Wednesday, May 21st, Crystal Plaza"
[email address] — 2025-05-12 — To: [email address] — Subject: "Less than 10 Days - Assemblywoman Rosy Bagolie - Election Fundraiser - Wednesday, May 21st, Crystal Plaza"
[email address] — 2025-05-12 — To: [email address] — Subject: "Less than 10 Days - Assemblywoman Rosy Bagolie - Election Fundraiser - Wednesday, May 21st, Crystal Plaza"
[email address] — 2025-05-12 — To: [email address] — Subject: "Less than 10 Days - Assemblywoman Rosy Bagolie - Election Fundraiser - Wednesday, May 21st, Crystal Plaza"
PART II — Revised Request (narrowed to satisfy N.J.S.A. 47:1A-5(g) and the criteria of Elcavage v. West Milford Twp., GRC Complaint No. 2009-07)
In response to the Township's invocation of P.L. 2024, c.16 / N.J.S.A. 47:1A-5(g), and to satisfy each prong of the Elcavage criteria, Part II is hereby revised as follows:
Specific accounts (job titles and individuals): Emails received by the @livingstonnj.org accounts of the following position-holders during the relevant time period — Township Manager; Deputy Township Manager; Township Clerk; Deputy Township Clerk; Mayor; Deputy Mayor; each member of the Township Council; Chief of Police; each Captain, Lieutenant, and Sergeant of the Livingston Police Department; the Township Attorney; the Township Engineer; and the Director of each Township Department. Additionally, the five (5) specific @livingstonnj.org accounts identified in the Township's April 16 metadata production: gmarshuetz, jantunes, swhalen, cdufford, and kmullaney.
Specific subject matter: Emails sent from any sender address ending in @ccsend.com or @*.ccsend.com (including but not limited to the @njtransportation.ccsend.com subdomain), where the Subject line contains, in any combination and without regard to capitalization, any of the following terms: "fundraiser," "fund-raiser," "fund raiser," "campaign," "election," "reception," "breakfast," "watch party," "lawn sign," "rally," "volunteers needed," "ticket" (in conjunction with any of the foregoing), or any of the proper names "Klein," "Bagolie," "Livingston Democrat," "Livingston Republican," "LivDems," or "LivGOP."
Reasonable time period: January 1, 2024 through the date this revised request is received and acknowledged by the Township.
For the avoidance of doubt: this revised Part II expressly excludes routine NJ TransAction Conference notices, vendor marketing, and other non-political content distributed via the @ccsend.com platform.
For each responsive record, I request the complete message body and full RFC 5322 headers, as enumerated above with respect to Part I.
Common Law Right of Access
To the extent any record requested above is determined not to be subject to disclosure under OPRA, I separately and independently request the same record under the common law right of access, which incorporates a balancing of the public interest in disclosure against any asserted confidentiality interest. The public interest in transparency regarding political solicitation of municipal employees on government email accounts is substantial.
Closing
Please:
- Confirm receipt of this revised request in writing;
- Provide an estimated date of production for revised Part I, and a separate estimated date for revised Part II;
- Identify any specific record (by Rfc822MessageId for Part I, or by message identifier once located for Part II) as to which the Township intends to invoke a redaction or exemption, together with the specific statutory or regulatory basis;
Forward this request to any other custodian whose records may be responsive, and provide that custodian's contact information.
My preferred delivery method for responses to this request remains email, with responsive records delivered as attachments (PDF or original .eml format preferred for Part I and Part II productions, to preserve full RFC 5322 header data).
Yours faithfully,
Concerned Livingston Residents
Dear Concerned Livingston Residents,
This comes in response to your clarification to your request for records
under OPRA and the common law right of access for “all emails received by
any @Iivingstonnj.org address from any @[1]njtransportation.ccsend.com or
@[2]ccsend.com email domain, from January 1, 2022 to present, including
message body, headers and metadata”. Your email was received at 7:46 PM
on April 15, 2026 after regular business hours, and considered to be
received the next business day, April 16, 2026. Our responses are in
bold below.
PART I — Revised Request (in lieu of acceptance or rejection of the
proposed $459.04 special service charge)
I am revising Part I to seek only the specific emails identified by the
Rfc822 MessageId values you yourselves disclosed in that production,
addressed to the specific recipients identified therein.
For each of the 21 unique (Message-ID, recipient) combinations enumerated
below — which together correspond to all 35responsive records reflected in
the metadata production — I request the complete message body and full RFC
5322 headers, including but not limited to: From, To, Cc, Bcc, Date,
Subject, Message-ID, Received, Return-Path, Reply-To, List-Unsubscribe,
List-Unsubscribe-Post, DKIM-Signature, and Authentication-Results. To the
extent any of the message identifiers below corresponds to more than one
record in the Township's Exchange/M365 environment (e.g., due to
journaling, retention copies, or distribution-list expansion), please
produce all instances.
Records requested under revised Part I:
[3][email address]
— 2024-11-11 — To:[4][email address] — Subject: "Livingston
Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[5][email address]
— 2024-11-11 — To:[6][email address] — Subject: "Livingston
Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[7][email address]
— 2024-11-11 — To:[8][email address] — Subject: "Livingston
Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[9][email address]
— 2024-11-11 — To:[10][email address] — Subject: "Livingston
Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, CrystalPlaza"
[11][email address]
— 2024-11-11 — To:[12][email address] — Subject: "Livingston
Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd, Crystal Plaza"
[13][email address]
— 2024-11-13 — To:[14][email address] — Subject: "Reminder:
Livingston Councilman - Dr. Shawn R. Klein - Fundraiser, Dec 3rd,Crystal
Plaza"
[15][email address]
— 2024-11-17 — To:[16][email address] — Subject: "Livingston
Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd,
CrystalPlaza"
[17][email address]
— 2024-11-17 — To:[18][email address] — Subject: "Livingston
Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd,Crystal
Plaza"
[19][email address]
— 2024-11-24 — To:[20][email address] — Subject: "Livingston
Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd,
CrystalPlaza"
[21][email address]
— 2024-11-24 — To:[22][email address] — Subject: "Livingston
Councilman - Dr. Shawn R. Klein - Holiday Reception, Dec 3rd,Crystal
Plaza"
[23][email address]
— 2024-12-01 — To:[24][email address] — Subject: "IN 3 DAYS!! -
Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception,Dec 3rd,
Crystal Plaza"
[25][email address]
— 2024-12-01 — To:[26][email address] — Subject: "IN 3 DAYS!! -
Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception,Dec 3rd,
Crystal Plaza"
[27][email address]
— 2024-12-01 — To:[28][email address] — Subject: "IN 3 DAYS!!
- Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception,Dec 3rd,
Crystal Plaza"
[29][email address]
— 2024-12-01 — To:[30][email address] — Subject: "IN 3 DAYS!! -
Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception,Dec 3rd,
Crystal Plaza"
[31][email address]
— 2024-12-01 — To:[32][email address] — Subject: "IN 3 DAYS!! -
Livingston Councilman - Dr. Shawn R. Klein - Holiday Reception,Dec 3rd,
Crystal Plaza"
[33][email address]
— 2024-12-04 — To:[34][email address] — Subject: "Thank you -
Livingston Councilman Dr. Shawn R. Klein - Holiday Reception" —PRIORITY
[35][email address]
— 2024-12-04 — To:[36][email address] — Subject: "Thank you -
Livingston Councilman Dr. Shawn R. Klein - Holiday Reception" —PRIORITY
[37][email address]
— 2025-05-12 — To:[38][email address] — Subject: "Less than 10
Days - Assemblywoman Rosy Bagolie - Election Fundraiser -Wednesday, May
21st, Crystal Plaza"
[39][email address]
— 2025-05-12 — To:[40][email address] — Subject: "Less than 10
Days - Assemblywoman Rosy Bagolie - Election Fundraiser -Wednesday, May
21st, Crystal Plaza"
[41][email address]
— 2025-05-12 — To:[42][email address] — Subject: "Less than 10
Days - Assemblywoman Rosy Bagolie - Election Fundraiser -Wednesday, May
21st, Crystal Plaza"
[43][email address]
— 2025-05-12 — To:[44][email address] — Subject: "Less than 10
Days - Assemblywoman Rosy Bagolie - Election Fundraiser -Wednesday, May
21st, Crystal Plaza"
The Township’s IT department identified the responsive emails from
@[45]njtransportation.ccsend.com, which have been extracted and provided
to you below. Pursuant to N.J.S.A. 47:1A-1.1 Metadata is exempt from
disclosure except that portion that identifies authorship, identity of
editor, and time of change. Rfc822MessageId was inadvertently provided in
our last response in error, it is exempt from disclosure. The non-exempt
metadata is available in the responsive emails that are provided.
Under P.L. 2024, c.16, OPRA now provides that a custodian is not required
to fulfill an OPRA request if they determine “. . . that the request would
require research and the collection of information from the contents of
government records and the creation of new government records setting
forth that research and information.” N.J.S.A. 47:1A-5(g). Providing the
full RFC 5322 headers, would require the Custodian to create a record
which includes, but not limited to: bcc, Message-ID, Received,
Return-Path, Reply-To, List-Unsubscribe, List-Unsubscribe-Post,
DKIM-Signature, and Authentication-Results.
PART II — Revised Request (narrowed to satisfy N.J.S.A. 47:1A-5(g) and the
criteria of Elcavage v. West Milford Twp.,GRC Complaint No. 2009-07)
In response to the Township's invocation of P.L. 2024, c.16 / N.J.S.A.
47:1A-5(g), and to satisfy each prong of the Elcavage criteria, Part II is
hereby revised as follows:
Specific accounts (job titles and individuals): Emails received by the
@[46]livingstonnj.org accounts of the following position-holders during
the relevant time period — Township Manager; Deputy Township Manager;
Township Clerk; Deputy Township Clerk; Mayor; Deputy Mayor; each member of
the Township Council; Chief of Police; each Captain, Lieutenant, and
Sergeant of the Livingston Police Department; the Township Attorney; the
Township Engineer; and the Director of each Township Department.
Additionally, the five (5) specific @[47]livingstonnj.org accounts
identified in the Township's April 16 metadata production: gmarshuetz,
jantunes, swhalen, cdufford, and kmullaney.
Specific subject matter: Emails sent from any sender address ending in
@[48]ccsend.com or @*.[49]ccsend.com (including but not limited to the
@[50]njtransportation.ccsend.com subdomain), where the Subject line
contains, in any combination and without regard to capitalization, any of
the following terms: "fundraiser," "fund-raiser," "fund raiser,"
"campaign," "election," "reception," "breakfast," "watch party," "lawn
sign," "rally," "volunteers needed," "ticket" (in conjunction with any of
the foregoing), or any of the proper names "Klein," "Bagolie," "Livingston
Democrat," "Livingston Republican," "LivDems," or"LivGOP."
Reasonable time period: January 1, 2024 through the date this revised
request is received and acknowledged by the Township.
For the avoidance of doubt: this revised Part II expressly excludes
routine NJ TransAction Conference notices, vendor marketing, and other
non-political content distributed via the @[51]ccsend.com platform.
For each responsive record, I request the complete message body and full
RFC 5322 headers, as enumerated above with respect to Part I.
Common Law Right of Access To the extent any record requested above is
determined not to be subject to disclosure under OPRA, I separately and
independently request the same record under the common law right of
access, which incorporates a balancing of the public interest in
disclosure against any asserted confidentiality interest. The public
interest in transparency regarding political solicitation of municipal
employees on government email accounts is substantial.
The only individual in the IT Department capable of performing the query
for responsive records estimates an extension of time will be needed. A
response will be provided to you on or before May 12, 2026.
Sincerely,
Township Clerk's Office
Livingston Township Hall
357 S. Livingston Avenue
Livingston, NJ 07039
P 973-992-5000 ext #5400 | F 973-535-7967
[52]www.livingstonnj.org
Sign Up for [53]Livingston Alerts & Notifications
Official email of the Township of Livingston NJ
For Official Business Use Only
References
Visible links
1. http://njtransportation.ccsend.com/
2. http://ccsend.com/
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45. http://njtransportation.ccsend.com/
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47. http://livingstonnj.org/
48. http://ccsend.com/
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50. http://njtransportation.ccsend.com/
51. http://ccsend.com/
52. http://www.livingstonnj.org/
53. https://www.livingstonnj.org/1348/Living...
Dear Concerned Livingston Residents:
Please see our responses in bold typeface below to your clarification
received after regular business hours on April 15, 2026 and considered to
be received the next business day, Thursday, April 16, 2026 for:
PART II — Revised Request (narrowed to satisfy N.J.S.A. 47:1A-5(g) and the
criteria of Elcavage v. West Milford Twp., GRC Complaint No. 2009-07)
In response to the Township's invocation of P.L. 2024, c.16 / N.J.S.A.
47:1A-5(g), and to satisfy each prong of the Elcavage criteria, Part II is
hereby revised as follows:
Specific accounts (job titles and individuals): Emails received by the
@[1]livingstonnj.org accounts of the following position-holders during the
relevant time period — Township Manager; Deputy Township Manager; Township
Clerk; Deputy Township Clerk; Mayor; Deputy Mayor; each member of the
Township Council; Chief of Police; each Captain, Lieutenant, and Sergeant
of the Livingston Police Department; the Township Attorney; the Township
Engineer; and the Director of each Township Department. Additionally, the
five (5) specific @[2]livingstonnj.org accounts identified in the
Township's April 16 metadata production: gmarshuetz, jantunes, swhalen,
cdufford, and kmullaney.
Specific subject matter: Emails sent from any sender address ending in
@[3]ccsend.com or @*.[4]ccsend.com (including but not limited to the
@[5]njtransportation.ccsend.com subdomain), where the Subject line
contains, in any combination and without regard to capitalization, any of
the following terms: "fundraiser," "fund-raiser," "fund raiser,"
"campaign," "election," "reception," "breakfast," "watch party," "lawn
sign," "rally," "volunteers needed," "ticket" (in conjunction with any of
the foregoing), or any of the proper names "Klein," "Bagolie," "Livingston
Democrat," "Livingston Republican," "LivDems," or"LivGOP."
Reasonable time period: January 1, 2024 through the date this revised
request is received and acknowledged by the Township.
For the avoidance of doubt: this revised Part II expressly excludes
routine NJ TransAction Conference notices, vendor marketing, and other
non-political content distributed via the @[6]ccsend.com platform.
For each responsive record, I request the complete message body and full
RFC 5322 headers, as enumerated above with respect to Part I.
Common Law Right of Access To the extent any record requested above is
determined not to be subject to disclosure under OPRA, I separately and
independently request the same record under the common law right of
access, which incorporates a balancing of the public interest in
disclosure against any asserted confidentiality interest. The public
interest in transparency regarding political solicitation of municipal
employees on government email accounts is substantial.
Thank you for the Part II clarification. The Township’s IT Department has
advised that there are 2791 responsive emails using the search criteria
provided, from January 1, 2024 through April 16, 2026, (the date of your
clarification) which is approximately 125 megabytes of text emails. Due
to the large number of emails to be extracted, reviewed, redacted and
indexed, a special service charge and an extension of time will be
required. The lowest paid person capable to perform this task is the
Assistant to the Township Clerk, whose hourly rate is $28.69. Due to the
large number of OPRA requests received by this Department, and to
minimally impact the other statutory and non-statutory duties required of
this department, it is estimated that one hour per day or five hours per
week can be allocated to this request, which amounts to approximately 150
emails reviewed per week. Again, this is an estimate only, and if the
number of emails that are reviewed per hour changes we will advise of a
cost adjustment. Based off this estimate, it would take this office 18.6
weeks to complete the review and cost approximately $2669.13. A 50%
deposit, or $1334.56 will be needed to proceed with this request. Please
advise on how to proceed by May 21, 2026 or this request will be deemed
closed.
Please be advised that the Township Clerk is not the Custodian of Records
for the Township Attorney’s emails.
Pursuant to N.J.S.A. 47:1A-1.1 Metadata is exempt from disclosure except
that portion that identifies authorship, identity of editor, and time of
change. Rfc822MessageId was inadvertently provided in our last response
in error, it is exempt from disclosure. The non-exempt metadata is
available in the responsive emails that are provided.
Under P.L. 2024, c.16, OPRA now provides that a custodian is not required
to fulfill an OPRA request if they determine “. . . that the request would
require research and the collection of information from the contents of
government records and the creation of new government records setting
forth that research and information.” N.J.S.A. 47:1A-5(g). Providing
the full RFC 5322 headers, would require the Custodian to create a record
which includes, but not limited to: bcc, Message-ID, Received,
Return-Path, Reply-To, List-Unsubscribe, List-Unsubscribe-Post,
DKIM-Signature, and Authentication-Results.
Sincerely,
Township Clerk's Office
Livingston Township Hall
357 S. Livingston Avenue
Livingston, NJ 07039
P 973-992-5000 ext #5400 | F 973-535-7967
[7]www.livingstonnj.org
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