Fees Paid to BOE Legal Counsel In Regard to ITDC Litigation
Dear Ridgewood Public School District,
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:
Please provide electronic copies of any and all invoices paid or be paid to Cleary, Giacobbe, Alfieri & Jacobs, LLC for services in regard to L. W. vs. Ridgewood Board of Education (in the matter regarding the Infant Toddler Development Center) from July 23, 2021 through today, April 27, 2022.
Also, please provide electronic copies of any and all invoices paid or to be paid to Cleary, Giacobbe, Alfieri & Jacobs, LLC in regard to motions filed by the Infant Toddler Development Center Parent Group from December 1, 2021 through today, April 27, 2022.
If any other legal counsel has given service in connection with the above referenced matters during the times indicated, please provide electronic copies of those invoices as well.
Additionally, please provide a table of the above requested information, similar to what you provided to K. Samuels on November 19, 2021 in response to their far more extensive request for paid invoices that did not indicate any specific subject and time span, that includes a breakdown of L. W. vs. BOE and ITDC PG motion expenses, matter numbers, regular billing and bills covered by insurance, and monthly amounts paid for the periods of time requested including totals.
Yours faithfully,
Anonymous
Dear Sir or Madam,
This correspondence is being sent in response to the Open Public Records Act (“OPRA”) request you submitted to the Ridgewood Public Schools. As the official Records Custodian, I received this request on April 27, 2022. As such, the seven (7) business day deadline to respond to your request is May 6, 2022. I will be sending a response to your request within this deadline.
If your request for access to a government record has been denied or unfilled within the seven business days required by law, you have a right to challenge the Board’s decision 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 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, New Jersey, 08625, by e-mail at [email address], or at their website at www.state.nj.us/grc. The Council 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.
Sincerely,
Scott T. Bisig, M.Ed.
Business Administrator/Board Secretary
Ridgewood Public Schools
Dear Sir or Madam,
The Ridgewood Board of Education (“District”) received your Open Public Records Act (“OPRA”) request on April 27, 2022. The seven (7) business day deadline to respond is May 6, 2022. As such, the District is timely responding to your request in accordance with New Jersey law.
Your request seeks the following records:
Please provide electronic copies of any and all invoices paid or be paid to Cleary, Giacobbe, Alfieri & Jacobs, LLC for services in regard to L. W. vs. Ridgewood Board of Education (in the matter regarding the Infant Toddler Development Center) from July 23, 2021 through today, April 27, 2022.
Also, please provide electronic copies of any and all invoices paid or to be paid to Cleary, Giacobbe, Alfieri & Jacobs, LLC in regard to motions filed by the Infant Toddler Development Center Parent Group from December 1, 2021 through today, April 27, 2022.
If any other legal counsel has given service in connection with the above referenced matters during the times indicated, please provide electronic copies of those invoices as well.
Additionally, please provide a table of the above requested information, similar to what you provided to K. Samuels on November 19, 2021 in response to their far more extensive request for paid invoices that did not indicate any specific subject and time span, that includes a breakdown of L. W. vs. BOE and ITDC PG motion expenses, matter numbers, regular billing and bills covered by insurance, and monthly amounts paid for the periods of time requested including totals.
The District requires additional time to compile, review, and redact (if necessary) the documents that may be responsive to your request. The District anticipates finalizing your response by May 13, 2022. The District also reserves the right to request an additional extension of time if necessary. See Scheeler v. New Jersey Department of Educ., GRC Complaint No. 2014-123 (2016).
Thank you for your anticipated cooperation.
Very truly yours,
Scott Bisig
Business Administrator/Board Secretary
Dear Mr. Sir or Madam,
The Ridgewood Public Schools (“District”) received your Open Public Records Act (“OPRA”) request on April 27, 2022. On May 6, 2022, the District obtained an extension of time to respond to your request until May 13, 2022. As such, the District is timely responding to your request in accordance with New Jersey law.
You have requested the following records:
Please provide electronic copies of any and all invoices paid or be paid to Cleary, Giacobbe, Alfieri & Jacobs, LLC for services in regard to L. W. vs. Ridgewood Board of Education (in the matter regarding the Infant Toddler Development Center) from July 23, 2021 through today, April 27, 2022.
Also, please provide electronic copies of any and all invoices paid or to be paid to Cleary, Giacobbe, Alfieri & Jacobs, LLC in regard to motions filed by the Infant Toddler Development Center Parent Group from December 1, 2021 through today, April 27, 2022.
If any other legal counsel has given service in connection with the above referenced matters during the times indicated, please provide electronic copies of those invoices as well.
Additionally, please provide a table of the above requested information, similar to what you provided to K. Samuels on November 19, 2021 in response to their far more extensive request for paid invoices that did not indicate any specific subject and time span, that includes a breakdown of L. W. vs. BOE and ITDC PG motion expenses, matter numbers, regular billing and bills covered by insurance, and monthly amounts paid for the periods of time requested including totals.
With respect to the portion of your request seeking “a table of the above requested information . . .” please be advised that the District is not in possession of a record responsive to this portion of your request, and it is not required to create a record in order to accommodate your OPRA request. Sussex Commons Assocs., LLC v. Rutgers Univ., 210 N.J. 531, 544 (2012); see also Burke v. Ocean Cty., 2013 WL 6169154 (App. Div. 2013).
With respect to the remainder of your request, below find a dropbox link with 16 pages of responsive records.
https://www.dropbox.com/s/m98c5rvfwx7c8r...
The District is producing the responsive records with necessary redactions in accordance with New Jersey law. OPRA specifically provides that certain records are deemed to be confidential, and thus do not fall into the definition of a “government record” under OPRA. This includes any record within the attorney-client privilege. See N.J.S.A. 47:1A-1.1. OPRA further specifies that while attorney bills are not fully exempt from public access, “such bills or invoices may be redacted to remove any information protected by the attorney-client privilege.” N.J.S.A. 47:1A-9.b. provides that the provisions of OPRA shall not abrogate or erode any grant of confidentiality recognized by court rule. Accordingly, the attached bills have been redacted to remove references to specific topics of legal research, legal strategies, and discussion/correspondence between the District’s legal counsel and the District’s representatives to ensure that confidential communications in the course of the lawyer-client relationship are not inadvertently revealed. See, e.g., Scheeler v. Borough of West Cape May, GRC Complaint No. 2014-143 (Nov. 2016).
The District requires additional time to compile, review, and redact (if necessary) the records that may be responsive to the remainder of your request. The District anticipates finalizing your request by May 20, 2022. The City also reserves the right to request an additional extension of time if necessary. See Scheeler v. New Jersey Department of Educ., GRC Complaint No. 2014-123 (2016).
Very truly yours,
Scott Bisig
Business Administrator/Board Secretary
Ridgewood Public Schools
The Ridgewood Public Schools (“District”) received your Open Public Records Act (“OPRA”) request on April 27, 2022. By correspondence dated May 13, 2022, you were provided with a partial response to your request and the District requested an extension until May 20, 2022 to complete your request.
You have requested the following:
Please provide electronic copies of any and all invoices paid or be paid to Cleary, Giacobbe, Alfieri & Jacobs, LLC for services in regard to L. W. vs. Ridgewood Board of Education (in the matter regarding the Infant Toddler Development Center) from July 23, 2021 through today, April 27, 2022.
Also, please provide electronic copies of any and all invoices paid or to be paid to Cleary, Giacobbe, Alfieri & Jacobs, LLC in regard to motions filed by the Infant Toddler Development Center Parent Group from December 1, 2021 through today, April 27, 2022.
If any other legal counsel has given service in connection with the above referenced matters during the times indicated, please provide electronic copies of those invoices as well.
Additionally, please provide a table of the above requested information, similar to what you provided to K. Samuels on November 19, 2021 in response to their far more extensive request for paid invoices that did not indicate any specific subject and time span, that includes a breakdown of L. W. vs. BOE and ITDC PG motion expenses, matter numbers, regular billing and bills covered by insurance, and monthly amounts paid for the periods of time requested including totals.
Below please find a Dropbox link containing three (3) pages of records responsive to your request.
https://www.dropbox.com/s/f0n6nos9u7wopo...
The District is producing the responsive records with necessary redactions in accordance with New Jersey law. OPRA specifically provides that certain records are deemed to be confidential, and thus do not fall into the definition of a “government record” under OPRA. This includes any record within the attorney-client privilege. See N.J.S.A. 47:1A-1.1. OPRA further specifies that while attorney bills are not fully exempt from public access, “such bills or invoices may be redacted to remove any information protected by the attorney-client privilege.” N.J.S.A. 47:1A-9.b. provides that the provisions of OPRA shall not abrogate or erode any grant of confidentiality recognized by court rule. Accordingly, the attached bills have been redacted to remove references to specific topics of legal research, legal strategies, and discussion/correspondence between the District’s legal counsel and the District’s representatives to ensure that confidential communications in the course of the lawyer-client relationship are not inadvertently revealed. See, e.g., Scheeler v. Borough of West Cape May, GRC Complaint No. 2014-143 (Nov. 2016).
Your OPRA request is now deemed answered and closed.
Very truly yours,
Scott Bisig
Business Administrator/Board Secretary
Dear Scott T. Bisig,
Thank you for your responses to my OPRA request from April 27th. Unfortunately, your response remains incomplete.
Electronic copies of invoices for legal services regarding L. W. vs. Ridgewood Board of Education (in the matter regarding the Infant Toddler Development Center) from July 23, 2021 through April 27, 2022, as well as those in regard to motions filed by the Infant Toddler Development Center Parent Group from December 1, 2021 through April 27, 2022, were requested. The documents you provided do not account for legal services provided prior to August 2, 2021.
The redactions you made were not specifically explained as required. It is evident that you have redacted information that is not protected. Names of district administrators, other employees, and elected officials, as well as government or court employees, are not protected, nor is their contact information.
In regard to the requested chart, lawfully required or not, you opted to provide that same form of information to someone identified as K. Samuels on November 19, 2021 in response to their overly broad request for "Legal Fees Paid" in spite of the fact that they failed to cite a specific date range or subject. Thus the question is not whether it is required, but whether it is ethical and lawful for you, in your official capacity, to show favoritism in how you respond to OPRA requests for what is essentially similar and comparable information.
As this information is overdue, I would appreciate your prompt response.
Yours sincerely,
Anonymous
Dear Scott T. Bisig,
A week ago I wrote to you citing documents missing from your response to my original OPRA request from April 27, 2022, specifically invoices for legal services in the matter of L.W. vs. Ridgewood Board of Education (in the matter regarding the Infant Toddler Development Center) from July 23, 2021 through the date of service where your response began, August 2, 2021. There were services provided prior to August 2nd that were not accounted for in your response.
You are also required to provide explanations for your redactions of the documents you did provide. Those were also missing from your response. Names of district administrators, other employees, and elected officials, as well as government or court employees, are not protected, nor is their contact information. The documents should be provided without that information redacted.
And lastly, as you recently created the precedent of supplying the requested chart in response to another request for legal invoices, you are obliged not to show favoritism in denying that same form of reply to me.
The courtesy of your acknowledgement of this communication and my prior one from May 23rd, as well as your response, would be appreciated, as your full response is now seriously overdue.
Yours sincerely,
Anonymous