The Township of Livingston Clerk's Department is in receipt of your OPRA request. Pursuant to NJSA 47:1A-5(i), you shall receive a response in no more than seven (7) business days, with day one starting the day after the request has been received. (Holidays and Townhall closings do not count as business days).

Dear Mr. Zed Kelly,
Per your OPRA request received on August 22, 2024 with a response due on
or before Tuesday, September 3, 2024 for "All communications between
Jarrid Kantor and members of the Livingston Town Council between February
1, 2024 and August 1, 2024 (6 months) about the following individuals:
1. David Kimak
2. Gary Johnson
3. Kevin Mullaney
4. Charles Petruzzelli 

Communications between the Township Attorney and the Township Council are
covered under attorney-client privilege pursuant to N.J.S.A. 47:1A-1.1.
However, no such records exist as to David Kimak or Charles Petruzzeli. As
to the remaining individuals, given both brought litigations against the
Township and the number of potential communications between Mr. Kantor and
the Township Council relative same, a special service charge would be
required to extract and review any responsive records for the necessary
redactions and creation of a Vaughn’s index. To fulfill this OPRA request,
it will take approximately 50 hours. The lowest paid hourly rate of the
individual capable of fulfilling this requirement is $38.89, for a special
service charge of approximately $ 1,944.50.

*[OPRA allows public agencies to impose special service charges whenever
the nature, format, manner of collation, or volume of a government record
embodied in the form of printed matter to be inspected, examined, or
copied pursuant to this section is such that the record cannot be
reproduced by ordinary document copying equipment in ordinary business
size or when fulfilling a request requires an extraordinary expenditure of
time and effort. See N.J.S.A. 47:1A-5.c. Special service charges must be
based upon the actual direct cost of providing the copy or copies. OPRA
mandates that the requestor shall have the opportunity to review and
object to the charge prior to it being incurred. See N.J.S.A. 47:1A-5.c.]

Sincerely,

The Clerks Department

On Thu, Aug 22, 2024 at 4:23 PM Zed Kelly
<[1][OPRA #65537 email]> wrote:

Dear Livingston 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:

All communications between Jarrid Kantor and members of the Livingston
Town Council between February 1, 2024 and August 1, 2024 (6 months)
about the following individuals:

1. David Kimak
2. Gary Johnson
3. Kevin Mullaney
4. Charles Petruzzelli

Yours faithfully,

Zed Kelly

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