OPRA Request – Deleted Emails and IT Deletion Communications (Joanne Bergin, 1/1/2023 – 7/17/2025)
Dear Brick Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
I respectfully request access to the following records for the period January 1, 2023 through July 17, 2025:
All emails (including their complete bodies, headers, metadata, and any attachments) that were sent by or received from Joanne Bergin and addressed to or from the Mayor or any member of the Brick Township Council, which have subsequently been deleted or placed in any “deleted,” “trash,” “archived,” or similar folders.
Any communications (emails, help-desk tickets, memos, chat logs, or written requests) between Joanne Bergin and any Township IT staff or contractors that reference, request, or discuss
deletion, destruction, archiving, purging, or alteration of email records;
recovery, backup, or retention of Joanne Bergin’s email; or
the Township’s email‐retention or deletion policies as they apply to Joanne Bergin.
For Item 1, please include any available backup, archive, or off-site copies if the original messages were removed from the live mail system.
Format requested: electronic files (e.g., PDF, PST, MBOX, or native e-mail format) delivered via e-mail, secure download link, or USB media. If any record is withheld or redacted, please identify the legal basis and provide a redaction log as required by OPRA.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Brick Resident
Regarding your request for Correspondence:
As per NJ Chapter 16 - Section 1 of P.L. 2024, c.16 (C.14:1A-5(6)g):
A custodian shall not be required to complete a request, including for, but not limited to, mail, email, text messages, correspondence, or social media postings and messages, if the request does not identify a specific job title or accounts to be searched, a specific subject matter, and is not confined to a reasonable time period, or if the custodian determines that the request would require research and the collection of information from the contents of government records and the creation of new government records setting forth that research and information. It shall be sufficient for a requestor to identify specific individuals by the individual’s job title and position.
Please provide the specific subject matter that you are request communications on.
Sincerely,
Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics
Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003
Dear Jessica Larney, Thank you for your response. I would like to clarify my OPRA request as follows:
Specific Subject Matter: I am requesting any communications (emails, help-desk tickets, memos, chat logs, or written requests) between Township Business Administrator Joanne Bergin and any Township IT staff or contractors. The subject matter should specifically reference, request, or discuss the following:
- Deletion, destruction, archiving, purging, or alteration of email records;
- Recovery, backup, or retention of Joanne Bergin’s email;
- The Township’s email-retention or deletion policies as they apply to Joanne Bergin.
Job Titles/Positions: Please search for correspondence involving the Township Business Administrator, Joanne Bergin, and any Township IT staff or contractors.
Time Period: The time period I am requesting is from May 1, 2025, to the present date, July 28, 2025.
Yours sincerely,
Brick Resident
In response to your below OPRA request, please find the emails pertaining to this request attached.
Sincerely,
Jessica L. Larney, RMC/CMR
Assistant Municipal Clerk
Deputy Registrar of Vital Statistics
Office of the Township Clerk/Vital Statistics
401 Chambers Bridge Road
Brick, New Jersey 08723
732-262-1003