Facebook Info for Councilman Fred Gasior
Dear Howell 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:
Over the past weekend Councilman Fred Gasior made comments as an elected official on several Facebook posts. Specifically, he commented to several people on the Howell Happenings NJ and Howell First Aid and Rescue Squad Facebook pages. Mr Gasior comments were in response to the communities concerns over the volunteer status of Howell First Aid.
Since Mr Gasior was using his personal Facebook account in his capacity of a Howell Township elected official, he is subject to the Open Public Records Act.
The following information is sought:
1. Email address linked to the Facebook account “Fred Gasior” belonging to Councilman Fred Gasior.
2. A copy of all “likes”, “comments”, and “shares” by Fred Gasior on any Facebook post with the following words “Howell First Aid”, “Howell EMS”, “first aid” beginning on 2/1/2024 - 2/5/2024.
3. Township policy on the use of social media by elected officials
4. Signed acknowledgement of township social media
policy by Fred Gasior
5. Signed acknowledgement of standards of conduct or similar document by Fred Gasior.
Yours faithfully,
Richard Howell
Good Afternoon,
We are in receipt of your OPRA request.
Regards,
Xiomara Ortiz
Administrative Assistant III
Clerk’s Office
4567 Route 9 North
2^nd Floor
Howell, NJ 07731
(732) 938-4500 Ext. 2241
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 Township of Howell. 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
Township, 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.
Dear Mr. Howell,
The official Records Custodian for the Township of Howell, received your
OPRA request on February 5, 2024. As such, the seven (7) business day
deadline to respond to your request is February 14, 2024.
Your request requires additional time beyond the seven (7) business days
to fulfill. OPRA allows custodians to seek extensions of time pursuant to
N.J.S.A. 47: IA-5.i. Specifically, OPRA states that, "the requestor shall
be advised by the custodian when the record can be made available. If the
record is not made available by that time, access shall be deemed denied.
"
Your request requires an extension of time until March 6, 2024.
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 Howell 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.
Regards,
Xiomara Ortiz
Administrative Assistant III
Clerk’s Office
4567 Route 9 North
2^nd Floor
Howell, NJ 07731
(732) 938-4500 Ext. 2241
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 Township of Howell. 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
Township, 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.
Dear Xiomara Ortiz,
As of this date, there has been no attempt to fill any portion of this request. Every one of my requests have been delayed. Information I have sought is easily and readily available and should have been filled within the initial seven business days.
Please advise why no information has been provided.
Thank you ,
Richard Howell
Good Afternoon,
We partially completed your OPRA request.
1.Denied. The email address linked to a private Facebook account is not
available under OPRA.
2. These posts are being released in a limited capacity (#2 will need an
extension until March 15, 2024)
The official Records Custodian for the Township of Howell, received your
OPRA request on February 5, 2024. As such, the seven (7) business day
deadline to respond to your request is March 6, 2024.
Your request requires additional time beyond the seven (7) business days
to fulfill. OPRA allows custodians to seek extensions of time pursuant to
N.J.S.A. 47: IA-5.i. Specifically, OPRA states that, "the requestor shall
be advised by the custodian when the record can be made available. If the
record is not made available by that time, access shall be deemed denied.
"
Your request requires an extension of time until March 15, 2024.
3. Township employee policy for social media pages (please see attached)
4. Signed Acknowledgment of Township Social Media (please see attached)
5. Handbook acknowledgement (please see attached)
Please note the only responsive document for #4 and #5 is the signed
acknowledgement of the Township handbook.
Regards,
Xiomara Ortiz
Administrative Assistant III
Clerk’s Office
4567 Route 9 North
2^nd Floor
Howell, NJ 07731
(732) 938-4500 Ext. 2241
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 Township of Howell. 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
Township, 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.
Good Morning,
Please see attached screenshots of the posts requested. As a reminder,
these posts are being released in a limited capacity as Mr. Gasior is
discussing township related business. This does not mean there is
unmitigated access to all of Mr. Gasior’s social media’s profile.
This completes your OPRA request.
Regards,
Xiomara Ortiz
Administrative Assistant III
Clerk’s Office
4567 Route 9 North
2^nd Floor
Howell, NJ 07731
(732) 938-4500 Ext. 2241
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 Township of Howell. 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
Township, 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.