Facebook Page Comments/Videos/Records Deleted

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PSNJ, Ironbound Media

Freehold Township,

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:

Recently Freehold Township has removed from view and/or deleted content on its Police Department Facebook page. This content is considered public record in a publically accessible social media forum, and by law may NOT be removed, changed, or suppressed under NJ Criminal Code 2C:21-4a

2C:21-4a. FALSIFYING OR TAMPERING WITH RECORDS:
A PERSON COMMITS A CRIME of the fourth degree IF HE falsifies, DESTROYS, REMOVES, OR CONCEALS ANY WRITING OR RECORD, or utters any writing or record knowing that it contains a false statement or information, WITH PURPOSE TO deceive or injure anyone or to CONCEAL ANY WRONGDOING.

Therefore:

1) I request that any content removed from view and/or deleted be restored to Freehold Police Department' Facebook page AND any other township maintained social media forums, and/or that access to these public records be restored on Freehold Police Department's Facebook page AND any other township maintained social media forums, immediately.

2) Copies of any and all content posted to all township maintained social media forums during the last 30 days.

3) Name and rank and/or position title of the township employee(s) responsible for maintaining any and all township social media forums.

4) Any emails sent to/from the employee(s) in question regarding the deleting/removing of content, or the limiting of access to content on any and all social media forums during the last 30 days.

5) Any and all township policies regarding the maintenance and/or content retention of township maintained social media forums.

Yours faithfully,

Ironbound Media, NJ

Patino, Terri, Freehold Township

2 Attachments

  • Attachment

    Facebook all posts with comments from March 6 April 6 2018.pdf

    609K View Download

  • Attachment

    Baumann Facebook Email 1556986 1.pdf

    2.8M View Download

Ironbound Media, NJ,

 

 

Please see responses to the separate items of your 4/3/18 OPRA request
below:

 

1) I request that any content removed from view and/or deleted be restored
to Freehold Police Department' Facebook page AND any other township
maintained social media forums, and/or that access to these public records
be restored on Freehold Police Department's Facebook page AND any other
township maintained social media forums, immediately.

 

                As this item fails to request government records, it is
invalid pursuant to OPRA and the common law right of access.  Please be
advised that copies of any social media forums are being provided pursuant
to item 2, below.

 

                In an effort to clarify the status of the Freehold
Township social media pages noted in your request, please also be advised
that, until Monday, 4/1/18, the “Freehold Township Police Department”
Facebook page was not maintained by the Freehold Township Police
Department, and was automatically created by Facebook.  The Freehold
Township Police Department then requested, and was granted, administrative
privileges over that page, at which time Facebook deleted all content of
the page and did not send a copy of the content to the Freehold Township
Police Department.  Accordingly, as that page was not made, maintained, or
kept by the Freehold Township Police Department, and as none of the posts
on that page were received by the Freehold Township Police Department, any
posts prior to the Department’s acquisition of administrative privileges
do not constitute government records pursuant to N.J.S.A. 47:1A-1.1. 

 

                Furthermore, the Freehold Township Facebook page filters
any comments in response to one of Freehold Township’s posts so that the
comments are automatically “hidden” and not posted to the public.  While
no written policy is in place, it has been the policy of Freehold Township
that if an individual post is later opened to public comment, all comments
by users in that post are “unhidden” regardless of content.

 

 

2) Copies of any and all content posted to all township maintained social
media forums during the last 30 days.

 

                As the “Freehold Township” Facebook page is the only
social media forum that currently filters all public posts, see copy of
all content on the “Freehold Township” Facebook page, attached.

 

                No other pages contain “hidden” posts, and as such all
content posted is visible to any user.  Accordingly, those responsive
records can be found at each of the links below: 

 

·         Freehold Township Facebook Page:
[1]https://www.facebook.com/freeholdtownshi...

 

·         Freehold Township Instagram:
[2]https://www.instagram.com/freeholdtwp/

 

·         Freehold Township Twitter: [3]https://twitter.com/FreeholdTwpNJ

 

·         Freehold Township Recreation Facebook Page:
[4]https://www.facebook.com/freeholdtownshi...

 

·         Freehold Township Police Department Facebook Page:
[5]https://www.facebook.com/Freehold-Townsh...

 

·         Freehold Alliance Facebook Page:
[6]https://www.facebook.com/freeholdalliance/

 

·         Freehold “Alli Ance” Facebook User Page:
[7]https://www.facebook.com/FreeholdAllianc...

 

·         Freehold Alliance Twitter:
[8]https://twitter.com/FreeholdAllianc

 

·         Freehold Township Mayor’s Wellness Campaign Facebook Page:
[9]https://www.facebook.com/FreeholdMWC/

 

·         Freehold Health Department Facebook Page:
[10]https://www.facebook.com/freeholdhealth

 

·         Neighborhood Connections to Health Facebook Page:
[11]www.facebook.com/healthyfreehold

 

 

3) Name and rank and/or position title of the township employee(s)
responsible for maintaining any and all township social media forums.

 

See responsive records below:

 

·         Peter Valesi             Township Administrator    
                    All pages

·         Tina Smilek             Recreation coordinator     
                      Recreation Facebook

·         Holly Manis             Director of Information Technology   All
Pages

·         Phil Marziale           Information Technology Supervisor    All
Pages

·         Pablo Perez             Information Technology    
                     All Pages

·         Zachary Hughes      Information Technology    
                     All Pages

·         Tom Muh                Director of
Facilities                                  All Pages

·         Margy Jahn             Health Officer                  
                          Health Related Pages

·         Samantha Widmer   Public Information (P/T)                      
All Pages

·         George Baumann     Lieutenant FTPD              
                      FTPD Facebook Page

·         Ray Piccolini           Lieutenant FTPD/OEM       
                      FTPD Accounts

·         Antoinette Ceciarelli       Alliance
Coordinator                       Freehold Alliance Pages

·         Linda Brown           Health Educator,
MWC                              Mayor’s Wellness Campaign

·         Angelica Espinal-Garcia  Health Educator, Coalition
Coordinator                  Neighborhood Connections to Health Facebook
Page

 

 

4) Any emails sent to/from the employee(s) in question regarding the
deleting/removing of content, or the limiting of access to content on any
and all social media forums during the last 30 days.

 

                See email correspondence between Captain George Baumann
and Facebook Support, attached.  One redaction was made (on document page
2) to an unlisted telephone number pursuant to N.J.S.A. 47:1A-1.1. 

 

5) Any and all township policies regarding the maintenance and/or content
retention of township maintained social media forums.

 

                As noted in response to item #1, no responsive records
exist, as Freehold Township does not have any written policies regarding
maintenance or content retention of its social media forums.  While no
written policy is in place, it has been the policy of Freehold Township
that if an individual post is later opened to public comment, all comments
by users in that post are “unhidden” regardless of content.

 

Terri Patino

 

Terri Patino

Municipal Clerk/Registrar

Freehold Township

1 Municipal Plaza

Freehold, NJ  07728

732-294-2011/[email address]

 

References

Visible links
1. https://www.facebook.com/freeholdtownship
2. https://www.instagram.com/freeholdtwp/
3. https://twitter.com/FreeholdTwpNJ
4. https://www.facebook.com/freeholdtownshi...
5. https://www.facebook.com/Freehold-Townsh...
6. https://www.facebook.com/freeholdalliance/
7. https://www.facebook.com/FreeholdAllianc...
8. https://twitter.com/FreeholdAllianc
9. https://www.facebook.com/FreeholdMWC/
10. https://www.facebook.com/freeholdhealth
11. http://www.facebook.com/healthyfreehold