Dear Mr. Hinsdale,

I am responding as the records custodian for the West Windsor-Plainsboro
Regional School District Board of Education (“Board”). You sent an OPRA
request Feb. 22, 2022. The specific request was as follows: 

“Records requested: Minutes of second Executive Session held at Board
meeting of January 25, 2022, between 10:20pm and 11:15 pm according to p.
19 of the regular meeting minutes published here:
[1]http://www.west-windsor-plainsboro.k12.n...

Under OPRA, the Board has a seven (7) business day deadline to respond to
your OPRA request. Thus, your request is due on or before March 3, 2022.

OPRA defines a “government record” of a public entity as “any paper,
written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document, information stored
or maintained electronically or by sound-recording or in a similar device,
or any copy thereof, that has been made, maintained or kept on file in the
course of his or its official business.” N.J.S.A. 47:1A-1.1. Accordingly,
the Board is required to produce only those records which it maintains in
the official course of business and which are not otherwise exempt from
production. Pursuant to the definition of a government record, a public
entity is not required by OPRA to research information and/or create
records that do not exist in response to OPRA requests. See e.g., Mag
Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.
Super. 537 (App. Div. March 2005).

The Board’s responsive document is attached hereto. I note that matters
involving confidential negotiations, confidential student
data, confidential personnel data, and attorney client communication have
been redacted. 

If you believe that 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 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 email at [2][email address], or at their website at
[3]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.

Please let me know if you have questions or concerns.

Sincerely,

Kia Bergman

Custodian of Records

show quoted sections