Emails violating professionalism standards
January 10, 2021
K. Holly Mannel, RMC
Clerk
Borough of Collingswood
678 Haddon Avenue
Collingswood, NJ 08108
RE: OPRA Request for Electronic mail containing coarse or offensive language
Dear Ms. Mannel,
Pursuant to the Open Public Records Act, Common Law Right of Access, I request the following electronic mail records.
Sender: Any municipal employee with an email account
Recipient: Any recipient
Date range: January 1, 2017 to January 9, 2021
Text is subject line or body of the message:
“Fudgepacker” OR “Fairy” OR “Faggot” OR “Fag” OR” Sissie” OR “Girly Man” OR “Girly Men” OR “Girlie Man” OR “Girlie Men” OR “Queer” OR “Queers” OR “Dyke” OR “cunt” OR “Pussy” OR “pussie” OR “Tranny” OR “Trannie” OR “Shim” OR “Aunt Jeminia” OR “Nigger” OR “Chink” OR “Spook” OR “Slant eye” OR “Camel Jockey” OR “wet back” OR “Coon” OR “Coon-ass” OR “Gook” OR “Gooky” OR “Goomba” OR “Goy” OR “Kike” OR “wetback” OR “Spic” OR “Spick” OR “asshole” OR “bitch” OR “TWAT” OR “Cunt” OR “Hymie” OR “jew boy” OR “Jigaboo” OR “Sand Nigger” OR “Taco Head” OR “tacohead” OR “Towel Head” OR “Dot head” OR “towelhead” OR “dothead” OR “ghetto” OR “shit” OR “shit show” OR “shitshow” OR “bastard” OR “fuck” OR “fucker” OR “fuckin” OR “fucking” OR “tits” OR “tit” OR “piss” “cocksucker” OR “motherfucker” OR “sexy”
Same may be delivered to me via PDF format to this e-mail address.
I have not been convicted of any indictable offense.
Very truly yours,
Brian McBride
86 Goodwin Parkway
Sewell, NJ 08080
(856) 352-2995
Mr. McBride,
I am in receipt of your OPRA request dated January 11, 2021 for electronic mail records.
Your request is denied as you have not identified any government record. A government record is defined as a document “that has been made, maintained or kept on file in the course of his or its official business . . . or that has been received in the course of his or its official business.” N.J.S.A. 471A-1.1.
The request does not identify a specific government record sought; rather, it seeks email communications containing certain keywords.
An e-mail prepared by a municipal employee is not automatically considered a government record for the purposes of OPRA.
The request also is overbroad as it does specifically identify a sender and/or recipient.
Thank you.
K. Holly Mannel
Borough of Collingswood
Borough Clerk
678 Haddon Avenue
Collingswood, NJ 08108
(856) 854-0720 ext. 127
(856) 854-0632 Fax
[Collingswood Borough request email]
WARNING:
Email received by or sent to Borough officials is subject to the Open Public Records Act [OPRA]. This means that absent some specific privilege, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear [email address],
The denial is in appropriate pursuant to the Supreme Court of New Jersey's Ruling in Paff v. Galloway Township. Moreover, the Government Records Council states that a proper request for email "should" have the factors provided in my request. It does not say I "must" have those terms.
Therefore, I will revise:
Date range: January 1, 2017 to December 21, 2020
Sender: Any Collingswood police officer of any rank, employee of the Department of Public Works of any title, or any Member of the Collingswood Fire Department of any rank
Recipient: Any recipient
Subject: Any subject
Words in the body of the message
Sender: Any municipal employee with an email account
Recipient: Any recipient
Date range: January 1, 2017 to January 9, 2021
Text is subject line or body of the message:
“Fudgepacker” OR “Fairy” OR “Faggot” OR “Fag” OR” Sissie” OR “Girly Man” OR “Girly Men” OR “Girlie Man” OR “Girlie Men” OR “Queer” OR “Queers” OR “Dyke” OR “cunt” OR “Pussy” OR “pussie” OR “Tranny” OR “Trannie” OR “Shim” OR “Aunt Jeminia” OR “Nigger” OR “Chink” OR “Spook” OR “Slant eye” OR “Camel Jockey” OR “wet back” OR “Coon” OR “Coon-ass” OR “Gook” OR “Gooky” OR “Goomba” OR “Goy” OR “Kike” OR “wetback” OR “Spic” OR “Spick” OR “asshole” OR “bitch” OR “TWAT” OR “Cunt” OR “Hymie” OR “jew boy” OR “Jigaboo” OR “Sand Nigger” OR “Taco Head” OR “tacohead” OR “Towel Head” OR “Dot head” OR “towelhead” OR “dothead” OR “ghetto” OR “shit” OR “shit show” OR “shitshow” OR “bastard” OR “fuck” OR “fucker” OR “fuckin” OR “fucking” OR “tits” OR “tit” OR “piss” “cocksucker” OR “motherfucker” OR “sexy”
Yours sincerely,
Brian F. McBride
Dear [email address],
Outside of OPRA Machine, you have sent me a letter indicating the Borough wishes to impose a special service charge. To me, this is an admission that the Borough did a search and found employees using discriminatory language. The request to impose a special service charge is incomplete because it is missing all of the factors required under the law.
Accordingly, I have filed a separate OPRA request for a roster of all police officers employed.
Yours sincerely,
Brian F. McBride
Hello,
I’m currently out of the office with no access to email.
I will return Tuesday February 9, 2020
Best Regards,
K. Holly Mannel, RMC
Borough of Collingswood
678 Haddon Avenue
Collingswood, NJ 08108
Dear Collingswood Borough,
The request for emails has been fulfilled in part and denied in part on the grounds of a special service charge with is unlawful. Requestor has withdrawn the request for emails without prejudice. The request was replaced with an OPRA request for records showing a roster of all sworn law enforcement officers employed by the Borough of Collingswood during the period of August 2017-present. Same may be delivered by electronic mail.
Yours faithfully,
Brian F. McBride