Dear Englishtown Borough,

Please acknowledge receipt of this message.

Our organization is requesting the following from the Englishtown Police Department's Facebook Page: https://www.facebook.com/profile.php?id=...

I. Inaugural Englishtown Christmas Light Contest
1. Date Range: 11/22/2021 through 5/1/2022
2. Subject:
2 A) Inaugural Englishtown Christmas Light Contest
2 B) Village Inn https://www.facebook.com profile.php?id=100070815375117
3. Records Requested: All Links, Announcements, Posts, or messages FROM AND TO Englishtown Police Department's Facebook Page:
3 A) Daniel Francisco: https://www.facebook.com/profile.php?id=...
3 B) William Lewis: https://www.facebook.com/Mr.William.Lewis
3 C) Village Inn: https://www.facebook.com profile.php?id=100070815375117
3 D) Bill Sabin: https://www.facebook.com/bill.sabin.9

II. Facebook Activity Log (Screen Captures Are Acceptable)
1. Date Range: 11/22/2021 through 5/1/2022
2. "Your Posts" Records:
2 A) Text Updates, Check-Ins, Note, and More
2 ) Photos and Videos

Yours faithfully,

Anonymous

Dear Englishtown Borough,
Our organization has been more than willing to grant an extension in the past for this request. This time has long since passed. We granted over 30 days worth of extensions.

We understand that the Englishtown Police Department Facebook page (https://www.facebook.com/pages/category/...) is not operated in any way by the Clerk of Englishtown. We have documented evidence of this. It is operated by Englishtown Police Chief Peter S. Cooke, Jr.

Our organization will give Chief Cooke until 5:00PM Friday, July 29, 2022 to provide the records we requested. No exceptions will be made. Chief Cooke is clearly out of compliance and has not acted in the manner required by law. If our simple request is not met, we will seek immediate legal relief through the courts.

A full history of our organization's OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/englisht...

Yours faithfully,

Anonymous

Dear Clerk,
Englishtown lost the case with the GRC last month.
it is now over 1 year and our organization has yet to receive the records that were requested.
This is being reported to the GRC and the to law firm representing our organization.

Here are the details of the decision that was made against Englishtown lost:
INTERIM ORDER
July 25, 2023 Government Records Council Meeting
Anonymous
Complainant
v.
Englishtown Police Department (Monmouth)
Custodian of Record

Complaint No. 2022-439
At the July25, 2023 public meeting, the Government Records Council (“Council”)
considered the July 18, 2023 Findings and Recommendations of the Executive Director and all
related documentation submitted by the parties. The Council voted unanimously to adopt the
entirety of said findings and recommendations. The Council, therefore, finds that:
1. The Borough’s collective failure to provide a completed Statement of Information to
the GRC, despite more than one request, results in a violation of N.J.A.C. 5:105-2.4(a).
Moreover, the Borough’s failure to respond additionally obstructed the GRC in its
efforts to “receive, hear, review and adjudicate a complaint filed by any person
concerning a denial of access to a government record by a records custodian . . .”
N.J.S.A. 47:1A-7(b).

2. The Custodian did not bear her burden of proof that she timely responded to the
Complainant’s OPRA request. N.J.S.A. 47:1A-6. As such, the Custodian’s failure to
respond in writing to the Complainant’s OPRA request either granting access, denying
access, seeking clarification or requesting an extension of time within the extended
time frame results in a “deemed” denial of said request pursuant to N.J.S.A. 47:1A-
5(g), N.J.S.A. 47:1A-5(i), and Kelley v. Twp. of Rockaway, GRC Complaint No. 2007-
11 (Interim Order October 31, 2007). See also Kohn v. Twp. of Livingston Library
(Essex), GRC Complaint No. 2007-124 (March 2008).

3. The Custodian may have unlawfully denied access to the requested Englishtown Police
Department Facebook records related to the Christmas Light Contest and the requested
activity log for a specific period of time. N.J.S.A. 47:1A-6. The current Custodian shall
disclose the responsive records. Should certain records not exist, the current Custodian
must certify to this fact and include certifications from those specific individuals tasked
with searching for responsive records providing an explanation of their search process.

4. The Custodian shall comply with conclusion No. 3 above within five (5) business
days from receipt of the Council’s Interim Order with appropriate redactions,
including a detailed document index explaining the lawful basis for each
redaction, if applicable. Further, the Custodian shall simultaneously deliver1
certified confirmation of compliance, in accordance with N.J. Court Rules, R. 1:4-
4,2 to the Executive Director.3

Yours sincerely,

Anonymous

Dear Clerk,

We have no quarrel with you, but you were instructed to get the records from Chief Cooke by the GRC on July 25, 2023. You were to supply the records within 5 days.

That time has passed weeks ago. You have been out of compliance with the GRC for weeks.

Just because the firm representing the Borough asked for a reconsideration does not excuse you from compliance with the following legal order from the GRC:

"4. The Custodian shall comply with conclusion No. 3 above within five (5) business days from receipt of the Council’s Interim Order with appropriate redactions, including a detailed document index explaining the lawful basis for each redaction, if applicable. Further, the Custodian shall simultaneously deliver1 certified confirmation of compliance, in accordance with N.J. Court Rules, R. 1:4-
4,2 to the Executive Director.3"

Please surrender the electronic records today, August 24, 2023, or provide an affidavit from Chief Peter S. Cooke, Jr. as to why he failed to comply with a simple OPRA request.

Your responses are being sent to the firm representing us.

Thank you,

Anon

Here is the text of the full ruling:

Anonymous
Complainant
v.
Englishtown Police Department (Monmouth)
Custodian of Record
Complaint No. 2022-439

At the July25, 2023 public meeting, the Government Records Council (“Council”)
considered the July 18, 2023 Findings and Recommendations of the Executive Director and all
related documentation submitted by the parties. The Council voted unanimously to adopt the
entirety of said findings and recommendations. The Council, therefore, finds that:
1. The Borough’s collective failure to provide a completed Statement of Information to
the GRC, despite more than one request, results in a violation of N.J.A.C. 5:105-2.4(a).
Moreover, the Borough’s failure to respond additionally obstructed the GRC in its
efforts to “receive, hear, review and adjudicate a complaint filed by any person
concerning a denial of access to a government record by a records custodian . . .”
N.J.S.A. 47:1A-7(b).

2. The Custodian did not bear her burden of proof that she timely responded to the
Complainant’s OPRA request. N.J.S.A. 47:1A-6. As such, the Custodian’s failure to
respond in writing to the Complainant’s OPRA request either granting access, denying
access, seeking clarification or requesting an extension of time within the extended
time frame results in a “deemed” denial of said request pursuant to N.J.S.A. 47:1A-
5(g), N.J.S.A. 47:1A-5(i), and Kelley v. Twp. of Rockaway, GRC Complaint No. 2007-
11 (Interim Order October 31, 2007). See also Kohn v. Twp. of Livingston Library
(Essex), GRC Complaint No. 2007-124 (March 2008).

3. The Custodian may have unlawfully denied access to the requested Englishtown Police
Department Facebook records related to the Christmas Light Contest and the requested
activity log for a specific period of time. N.J.S.A. 47:1A-6. The current Custodian shall
disclose the responsive records. Should certain records not exist, the current Custodian
must certify to this fact and include certifications from those specific individuals tasked
with searching for responsive records providing an explanation of their search process.

4. The Custodian shall comply with conclusion No. 3 above within five (5) business
days from receipt of the Council’s Interim Order with appropriate redactions,
including a detailed document index explaining the lawful basis for each redaction, if applicable. Further, the Custodian shall simultaneously deliver1 certified confirmation of compliance, in accordance with N.J. Court Rules, R. 1:4-
4,2 to the Executive Director.3

Yours sincerely,

Anonymous

Dear Clerk,
The GRC ruled against Englishtown at the GRC meeting held 8/29/2023. Englishtown is once again out of compliance with a lawful ruling from the GRC.

There is no rationale explanation why this OPRA request cannot be provided today.

Provide the information in electronic format so that it can be reviewed and distributed with our legal representation.

Yours sincerely,

Anonymous

Dear Clerk,

Today is September 5, 2023.

The GRC ruled on July 18, 2023 and then on August 29, 2023 that the records requested by our organization be turned over.:

Please note:
"The Custodian shall comply with conclusion No. 3 above within five (5) business days from receipt of the Council’s Interim Order with appropriate redactions, including a detailed document index explaining the lawful basis for each redaction, if applicable. Further, the Custodian shall simultaneously deliver certified confirmation of compliance, in accordance with N.J. Court Rules, R. 1:4-
4,9 to the Executive Director."

Based on the August 29, 2023 decision, the deadline is tomorrow, September 6, 2023.

Our organization understands the Clerk does not have access to the Englishtown Police Department's Facebook. Can you please explain why Chief Peter S. Cooke, Jr. has failed, on multiple dates, to produce these records the GRC has ordered to turn over?

Yours sincerely,

Anonymous