Emails regarding "OPRA"
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:
For the period of June 13th to July 15th, 2018, please provide the following:
Copies of all emails sent or received by Lieutenant Teresa D. Wilbert regarding the keyword "OPRA."
Copies of all emails sent or received by Prosecutor Christopher D. Grammicioni regarding the keyword "OPRA."
Please search subject and body.
Yours faithfully,
Gavin Rozzi
Please see attached.
Monmouth County Prosecutor’s Office
132 Jerseyville Avenue
Freehold, NJ 07728
Jennifer Lipp would like to recall the message, "Open Public Records Act request - Emails regarding "OPRA"".
NOTICE OF CONFIDENTIALITY This message, including any prior messages and attachments, may contain advisory, consultative and/or deliberative material, confidential information or privileged communications of the Office of the Monmouth County Prosecutor. Access to this message by anyone other than the sender and the intended recipient(s) is unauthorized. If you are not the intended recipient of this message, any disclosure, copying, distribution or action taken or not taken in reliance on it, without the expressed written consent of the Office of the Monmouth County Prosecutor, is prohibited. If you have received this message in error, you should not save, scan, transmit, print, use or disseminate this message or any information contained in this message in any way and you should promptly delete or destroy this message and all copies of it. Please notify the sender by return e-mail if you have received this message in error.
Mr. Rozzi,
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.
References
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1. mailto:[email address]
Dear Catherine Kim,
I am in receipt of certain correspondence in which you claim that a form is required to complete this OPRA request. Notwithstanding the lack of statutory or case law authority authorizing the County's policy and your legal position, I've already received a response to this OPRA request from Jennifer Lipp, making this issue moot for this particular request.
Indeed, since I received this response directly through our own email system and not a so-called "secure direct address" this further supports our position that the county is acting unreasonably and violating OPRA.
Be well,
Gavin Rozzi
Mr. Rozzi,
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.
Dear Catherine Kim,
With respect to this particular OPRA request, the issue is moot. Ms. Lipp has advised that she performed a search of the database in her correspondence, and replied to the public requests.opramachine.com email address with a letter that communicated same and stated that there are no responsive records to my request.
Even if I chose to comply with this specious, legally questionable and hastily adopted "policy statement" this request has already been concluded. In any event, no secondary email address will be provided, as this email address is as good as any other.
Yours sincerely,
Gavin Rozzi
Mr. Rozzi,
Because you failed to provide a secondary email address, the County of Monmouth denies your OPRA request dated July 15, 2018.
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.
Dear Catherine Kim,
Upon what statutory exemption codified in the Open Public Records Act, as amended, N. J. S. A. 47-1A1 et seq., GRC decision or case law precdent do you rely upon as a basis for your position and denial?
Yours sincerely,
Gavin Rozzi