Mayor Murray emails
Dear Milltown Borough,
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:
This request seeks all emails to or from by Mayor George Murray (using his official Borough email address or any personal email address) for the time period of November 22, 2023 to January 19, 2024. As a reminder, using a personal email address does not preclude those emails from OPRA if they discuss Borough business.
If you determine that any portion of the requested materials is exempt from release, please redact only that which you believe is exempt and provide the remaining, non-exempt portions. See N.J.S.A. 47:1A-5(g). Also, please send us the required index detailing the specific exemptions that justify each redaction or withheld document. See Paff v. N.J. Dep’t of Labor, 392 N.J. Super. 334, 341 (App. Div. 2007).
Please send the records to me as PDF files by email, which is ordinarily free of charge under OPRA. See N.J.S.A. 47:1A-5(b).
Thank you for your attention to this matter and for your assistance. If you have any questions please feel free to reply by email. Thank you.
Yours faithfully,
Mike Johnson
Good morning Mr. Johnson:
Your OPRA request has been received and is being processed. Standard turn
around is seven (7) business days, but as you know I will have to review
all emails once they are provided to me for any redactions that must be
made. If we will require an extension I will notify you.
Have a great weekend
Kind regards,
Monica Orlando RMC
Milltown Borough Clerk
Borough of Milltown
39 Washington Ave
Milltown, NJ 08850
Office (732) 828-2100 x 119
Please note - E-mails received by or sent to Borough Officials are subject
to the Open Public Records Act (OPRA). This means that, absent some
specific privileges, all such communications are considered a public
record and are subject to publication and/or dissemination to the public
upon request.
══════════════════════════════════════════════════════════════════════════
From: Mike Johnson <[OPRA #57394 email]>
Sent: Thursday, January 18, 2024 9:08 PM
To: Monica Orlando <[Milltown Borough request email]>
Subject: OPRA request - Mayor Murray emails
Dear Milltown Borough,
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:
This request seeks all emails to or from by Mayor George Murray (using his
official Borough email address or any personal email address) for the
time period of November 22, 2023 to January 19, 2024. As a reminder,
using a personal email address does not preclude those emails from OPRA if
they discuss Borough business.
If you determine that any portion of the requested materials is exempt
from release, please redact only that which you believe is exempt and
provide the remaining, non-exempt portions. See N.J.S.A. 47:1A-5(g). Also,
please send us the required index detailing the specific exemptions that
justify each redaction or withheld document. See Paff v. N.J. Dep’t of
Labor, 392 N.J. Super. 334, 341 (App. Div. 2007).
Please send the records to me as PDF files by email, which is ordinarily
free of charge under OPRA. See N.J.S.A. 47:1A-5(b).
Thank you for your attention to this matter and for your assistance. If
you have any questions please feel free to reply by email. Thank you.
Yours faithfully,
Mike Johnson
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Good afternoon Mr. Johnson:
The Borough of Milltown received your Open Public Records Act (OPRA) request on January 19, 2024. The official Records Custodian, Monica Orlando, also received your OPRA request on January 19, 2024. As such, the seven (7) business day deadline to respond to your request is January 30, 2024. This response to your request is being provided to you on the 2nd business day after the custodian’s receipt of said request.
Your OPRA request sought access to the following: “all emails from or by Mayor George Murray (usings his official Borough email address or any personal email address) for the time period of November 22, 2023 to January 19, 2024. As a reminder, using a personal email address does not preclude those emails from OPRA if they discuss Borough business.”
Under OPRA, a custodian must supply identifiable government records. Pursuant to the ruling of the Corut in MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.j.Super. 534 (App. Div. 2005) and its progeny “in order to specifically identify an e-mail, OPRA requests must contain (1) the content and/or subject of the e-mail, (2) the specific date or ranges of dates which the e-mail was transmitted or the e-mails were transmitted, and (3) a valid e-amil request must identify the send and/or the recipient thereof.” Elcavage v. West Milford Twp., GRC Complaint Nos. 2009-07 and 2009-08 (March 2010). While the currently OPRA request arguably satisfies criteria (2) and (3), it does not provide any indication of the content and/or subject of the email(s) requested.
In light of this fact, the request is invalid; as it is overly broad. Please respond in writing and identify the specific government records (with the content and/or subject of the email(s) sought )sought so that we may process your request. Failure to provide written clarification of your request will result in the closure of this OPRA request.
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 [insert name of agency] 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.
Kind regards,
Monica Orlando RMC
Milltown Borough Clerk
Borough of Milltown
39 Washington Ave
Milltown, NJ 08850
Office (732) 828-2100 x 119
Please note - E-mails received by or sent to Borough Officials are subject to the Open Public Records Act (OPRA). This means that, absent some specific privileges, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear Monica Orlando,
Thank you for your reply. I am requesting the following:
I am looking for emails to and from Mayor Murray on his personal and Borough email with the following individuals:
Frederick Carr
Monica Orlando
Ralph Jasionowski
Kelly McCormick
Genise Snook
Louise Murray
In addition to emails with the above employees. I am specifically seeking emails sent to or from Mayor Murray from his personal or Borough emails regarding the following or containing the words :
policies, rules, or directions sent to Borough Employees by Mayor Murray
Personnel discussion of any Borough Employee (in accordance with NJSA 47:1A-10)
OPEIU Local 32 (in accordance with N.J.S.A. 47:1A-1.1(10)
Emails regarding a Qualified Purchasing Agent
I will also narrow the time frame to January 1, 2024 - January 20, 2024. Please confirm receipt of this update
Yours sincerely,
Mike Johnson
Thank you for the update. We will begin processing this request.
Kind regards,
Monica Orlando RMC
Milltown Borough Clerk
Borough of Milltown
39 Washington Ave
Milltown, NJ 08850
Office (732) 828-2100 x 119
Please note - E-mails received by or sent to Borough Officials are subject to the Open Public Records Act (OPRA). This means that, absent some specific privileges, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Good morning Mr. Johnson:
Thank you for the clarification. We are currently working on part 2 of
the last request.
As indicated in the prior email, any request for emails must specify the
content/subject, the date range and the sender/recipient. So although you
specific recipients, the content/subject of the emails also need to be
specified.
The emails requested in item 1 still do not specify the content/subject of
the emails requested.
Kind regards,
Monica Orlando RMC
Milltown Borough Clerk
Registrar
Planning Board Sectreary
Borough of Milltown
39 Washington Ave
Milltown, NJ 08850
Office (732) 828-2100 x 119
Please note - E-mails received by or sent to Borough Officials are subject
to the Open Public Records Act (OPRA). This means that, absent some
specific privileges, all such communications are considered a public
record and are subject to publication and/or dissemination to the public
upon request.
══════════════════════════════════════════════════════════════════════════
From: Mike Johnson <[OPRA #57394 email]>
Sent: Wednesday, January 24, 2024 10:50 AM
To: Monica Orlando <[Milltown Borough request email]>
Subject: RE: OPRA request - Mayor Murray emails
Dear Monica Orlando,
Thank you for your reply. I am requesting the following:
I am looking for emails to and from Mayor Murray on his personal and
Borough email with the following individuals:
Frederick Carr
Monica Orlando
Ralph Jasionowski
Kelly McCormick
Genise Snook
Louise Murray
In addition to emails with the above employees. I am specifically seeking
emails sent to or from Mayor Murray from his personal or Borough emails
regarding the following or containing the words :
policies, rules, or directions sent to Borough Employees by Mayor Murray
Personnel discussion of any Borough Employee (in accordance with NJSA
47:1A-10)
OPEIU Local 32 (in accordance with N.J.S.A. 47:1A-1.1(10)
Emails regarding a Qualified Purchasing Agent
I will also narrow the time frame to January 1, 2024 - January 20, 2024.
Please confirm receipt of this update
Yours sincerely,
Mike Johnson
Dear Monica Orlando,
This is getting a bit ridiculous and I'm curious as to why the Borough is trying so hard to stall this request.
Lets try this since the Borough won't send the emails.
I am specifically seeking emails sent to or from Mayor Murray from his personal or Borough emails
regarding the following or containing the words :
Frederick Carr
Monica Orlando
Ralph Jasionowski
Kelly McCormick
Genise Snook
Louise Murray
Kristen Harnish
policies, rules, or directions sent to Borough Employees by Mayor Murray
Personnel discussion of any Borough Employee (in accordance with NJSA
47:1A-10)
OPEIU Local 32 (in accordance with N.J.S.A. 47:1A-1.1(10)
Emails regarding a Qualified Purchasing Agent
Chief Financial Officer
The time frame is now January 1, 2024 - January 27, 2024 since we keep having a back and forth. I will also extend the deadline to February 2nd.
Yours sincerely,
Mike Johnson
Dear Mr. Johnson,
On Monday, January 29, 2024, I received your communication of January 27, 2024 supplying your amended/revised OPRA request. Based upon your email, you are seeking:
1. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding “Frederick Carr;”
2. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding “Monica Orlando;”
3. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding “Ralph Jasionowski;”
4. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding “Kelly McCormick;”
5. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding “Genise Snook;”
6. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding “Louise Murray;”
7. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding “Kristen Harnish;”
8. Emails from the Borough email address and personal email address of Mayor George Murray to Borough Employees for the period January 1, 2024 through January 27, 2024 containing the term “policy” and/or “policies;”
9. Emails from the Borough email address and personal email address of Mayor George Murray to Borough Employees for the period January 1, 2024 through January 27, 2024 containing the term “rule” and/or “rules;”
10. Emails from the Borough email address and personal email address of Mayor George Murray to Borough Employees for the period January 1, 2024 through January 27, 2024 containing the term “direction” and/or “directions;”
11. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term “personnel;”
12. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding the term “OPEIU Local 32;”
13. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding the term “qualified purchasing agent;” and
14. Emails to or from the Borough email address and personal email address of Mayor George Murray for the period January 1, 2024 through January 27, 2024 containing the term and/or regarding the term “chief financial officer.”
The Borough is currently processing the request and will supply a response within 7 business days of its receipt of the amended/revised OPRA request (i.e. February 6, 2024).
Should you have any questions, please feel free to contact me.
Very truly yours,
Monica Orlando, RMC
Kind regards,
Monica Orlando RMC
Milltown Borough Clerk
Registrar
Planning Board Sectreary
Borough of Milltown
39 Washington Ave
Milltown, NJ 08850
Office (732) 828-2100 x 119
Please note - E-mails received by or sent to Borough Officials are subject to the Open Public Records Act (OPRA). This means that, absent some specific privileges, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Mr. Johnson:
The Borough Attorneys are currently reviewing the emails. We anticipate having a response by February 12, 2024. Thank you for your patience.
Kind regards,
Monica Orlando RMC
Milltown Borough Clerk
Registrar
Planning Board Sectreary
Borough of Milltown
39 Washington Ave
Milltown, NJ 08850
Office (732) 828-2100 x 119
Please note - E-mails received by or sent to Borough Officials are subject to the Open Public Records Act (OPRA). This means that, absent some specific privileges, all such communications are considered a public record and are subject to publication and/or dissemination to the public upon request.
Dear Monica Orlando,
Received. I hope this doesn't get delayed again.
Yours sincerely,
Mike Johnson
Good morning Mr. Johnson:
Attached are the emails responsive to this request as provided to me by the Borough Attorneys. There is also a redaction table listing redactions made.
Thank you for your patience as this request was fulfilled.
Kind regards,
Monica Orlando RMC
Milltown Borough Clerk
Registrar
Planning Board Secretary
Borough of Milltown
39 Washington Ave
Milltown, NJ 08850
Office (732) 828-2100 x 119
Please note - E-mails received by or sent to Borough Officials are subject
to the Open Public Records Act (OPRA). This means that, absent some
specific privileges, all such communications are considered a public record and
are subject to publication and/or dissemination to the public upon request.