Dear Marlboro Township Clerk’s Office,

Please accept this request under the New Jersey Open Public Records Act (OPRA) and the common law right of access. I am not required to use a specific form per N.J.S.A. 47:1A-6(f).

I affirm the following:
• I have not been convicted of any indictable offense under the laws of New Jersey or the United States.
• I will not use the requested records for commercial purposes.
• I am not seeking these records for use in a legal proceeding.

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Request Summary:
I am requesting surveillance video footage from Marlboro Town Hall on May 28, 2024, between 6:30 PM and 8:30 PM, in connection with the cancellation of the Zoning Board meeting that evening. The purpose is to verify public attendance and occupancy levels.

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Records Requested:
Please provide video surveillance footage from cameras monitoring:
• Entrances to Marlboro Town Hall
• Lobby and hallways leading to the Zoning Board meeting room
• Inside the Zoning Board meeting room (if available)

Date: May 28, 2024
Time: 6:30 PM to 8:30 PM

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Clarification & Legal Grounds:
This request is tailored to comply with Elcavage v. West Milford Twp. (GRC Complaint No. 2009-07), by specifying:
• Subject matter (Zoning Board meeting cancellation due to capacity)
• Date (May 28, 2024)
• Time range (6:30 PM to 8:30 PM)
• Targeted locations (public-access areas within Town Hall)

This request:
• Does not seek footage of security systems or non-public spaces
• Accepts redacted footage (e.g., facial blurring) in accordance with Renna v. County of Union (GRC 2009-303)
• Relates to a public meeting where there is no reasonable expectation of privacy

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Delivery Method:
Please provide the footage via:
• Downloadable digital files (MP4 preferred)
• Secure cloud delivery (e.g., ShareFile or similar)

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If the video is unavailable, please provide:
1. The official video retention policy for Town Hall surveillance footage
2. Whether footage from May 28, 2024, was recorded
3. The deletion date (if applicable)
4. The name and retention settings of the recording system

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Please confirm receipt of this request. If the records are held by another department (e.g., IT), kindly forward it and advise me accordingly.

Dear Marlboro Township Clerk’s Office,

Thank you for your response to OPRA-Req-25-0700.

While I understand the Township’s reliance on Gilleran v. Township of Bloomfield, 227 N.J. 159 (2016), I respectfully request reconsideration based on the following:
• Gilleran does not create a blanket exemption for all surveillance footage. It requires a fact-specific inquiry into whether the requested footage would expose or compromise the Township’s security.
• My request is narrow, time-bound, and location-specific, limited solely to public areas during a public event. I did not request internal layouts, technical system details, or views into private offices.
• The request serves a legitimate public interest: to verify occupancy levels at a meeting canceled due to alleged overcapacity.
• NJ case law (e.g., Renna v. Union County) supports the notion that facial redaction/blurring can mitigate privacy concerns without full denial.

Accordingly, I ask that:
1. The Township conduct a document-by-document review of the relevant footage and either:
• Provide redacted versions of the footage; or
• Issue a denial accompanied by a security affidavit or certification detailing the specific risks of disclosure

If no footage exists for the time and location, please respond with:
• Whether video was recorded on May 28, 2024
• If recorded, the retention schedule
• Whether it has been deleted, and if so, when and under what policy

I am open to discussing further refinements to ensure compliance with both OPRA and Township policy.