Dear Livingston 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:

Email Correspondence: All emails sent from the email address [email address] to any recipient using an official @livingstonnj.org email address.

Breadth of Search: This request includes any instances where an email from the aforementioned sender was received, replied to, or forwarded by a Township employee or official.

Specific Request for:

- One (1) Copy: Presuming the primary message from this address was a bulk-mail or "e-blast" sent to multiple recipients, I am requesting one (1) copy of any original email content (including any attachments) to minimize duplication.

- Vaughn Index / Itemized List: In addition to the records themselves, I am requesting a descriptive index (Vaughn Index) for all responsive communications that includes:

> The name and email address of the Livingston Township recipient.
> The subject line of the email and date received.
> Whether the recipient replied to or forwarded the message.
> If replied to or forwarded, the recipient email address of that subsequent communication.

Search Parameters:

Time Period: September 1, 2023, to the present.

Search Term: [email address]

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,

Concerned Livingston Residents

Dear OPRA,

Thank you for providing responsive records to this OPRA request. After reviewing the documents produced by the Livingston Township Clerk, I believe the public interest warrants sharing what these government records appear to show, and the questions they raise.

What the Responsive Records Show
Among the records produced was a campaign fundraiser solicitation email for Livingston Councilman Dr. Shawn R. Klein, promoting a "Holiday Cocktail Reception" fundraiser scheduled for Tuesday, December 3, 2024, at the Crystal Plaza in Livingston, NJ. The email included direct links to ActBlue for online political contributions and instructions for contributing by check.

This political fundraising email was sent to an official @livingstonnj.org Township email address on Sunday, November 10, 2024, at 7:05 PM.

The Key Question: The Sending Domain
The email originated from the address: [email address]
The domain ccsend.com is the authenticated sending infrastructure used by Constant Contact, a commercial email marketing and bulk e-blast platform. The subdomain prefix — "njtransportation" — identifies the specific Constant Contact account through which this campaign fundraising email was distributed.

This raises an important question: Who owns or controls the "njtransportation" Constant Contact account, and how is that account funded?

Why This Matters: The Michael Vieira Connection
Livingston Councilman Michael M. Vieira has served as the Director of Special Transportation Services for Essex County for over 34 years. He simultaneously holds several prominent roles in New Jersey's transportation sector, including:

President of the New Jersey Council on Special Transportation (NJ COST)
Vice Chairman of the NJ TransAction Conference & Expo
Livingston Township Council Member (since 2019)
Vice Chair of the Livingston Democratic Committee

The NJ TransAction Conference & Expo — of which Vieira is Vice Chairman — is a nonprofit organization headquartered in Livingston, NJ that hosts an annual transportation industry conference in Atlantic City attracting over 1,000 attendees and 120 exhibitors. NJ COST, where Vieira serves as President, is a co-sponsor of the TransAction Conference.

Councilman Vieira's deep involvement with NJ transportation organizations, combined with the use of a "njtransportation"-branded Constant Contact account to distribute a political campaign fundraiser for his fellow Livingston Democratic Council member, raises significant public interest questions.
Questions for Public Consideration

Constant Contact Account Ownership: Is the "njtransportation" Constant Contact account owned by, paid for by, or associated with Essex County Special Transportation Services, the NJ Council on Special Transportation (NJ COST), the NJ TransAction Conference, or any other publicly funded entity? Or is it a personal account?

Public Funding of Email Infrastructure: If this Constant Contact subscription is funded through Essex County taxpayer dollars, state or federal transportation grants, or nonprofit organizational funds derived from government sources, was its use for a Livingston municipal campaign fundraiser authorized?

Campaign Finance Disclosure (ELEC): Was the fair market value of this bulk email marketing service reported as an in-kind contribution on Dr. Shawn R. Klein's campaign finance filings with the New Jersey Election Law Enforcement Commission (ELEC)? Constant Contact subscriptions carry measurable commercial value.
Ethics Compliance: Does the use of an email marketing account branded with a transportation organization's identity — by or on behalf of a sitting Essex County employee and Livingston Council member — to distribute political campaign fundraiser solicitations comply with:

The New Jersey Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.)
The New Jersey Conflicts of Interest Law (N.J.S.A. 52:13D-12 et seq.)
Essex County personnel and ethics policies regarding use of county-associated resources for political activity N.J.S.A. 2C:27-12 (unauthorized use of public resources)

Contact List / Subscriber Data: Was the email distribution list used for this political fundraiser blast compiled from contacts gathered through government or nonprofit transportation work, rather than through legitimate campaign list-building? If public-sector contact data was repurposed for campaign solicitation, this raises additional concerns.

Solicitation of Township Officials: This fundraiser email was sent directly to an official Livingston Township government email address. Were other Township employees or officials also recipients? Does this raise concerns about political solicitation of government employees during or in connection with their official duties?

Public Records and Accountability
These questions are raised in the public interest and in furtherance of government transparency. The responsive OPRA records were lawfully obtained from the Livingston Township Clerk. All individuals referenced hold public office or public employment and the questions raised concern their conduct in those public capacities.

Additional OPRA requests and public records inquiries are being considered to Essex County, the NJ Council on Special Transportation, and the NJ Election Law Enforcement Commission (ELEC) to seek answers to these questions.

Any member of the public can review campaign finance filings on the ELEC e-filing search system at njelecefilesearch.com, file an ELEC complaint regarding potential unreported contributions, or file an ethics complaint with the Livingston Township Ethics Board, the Essex County Ethics Board, or the NJ Department of Community Affairs, Division of Local Government Services (Local Finance Board).

Keywords for reference: OPRA, Livingston Township, Livingston NJ, Livingston Town Council, Shawn Klein, Shawn R. Klein, Michael Vieira, Michael M. Vieira, Essex County, Essex County Special Transportation, NJ Council on Special Transportation, NJ COST, NJ TransAction Conference, Constant Contact, njtransportation, ccsend.com, campaign finance, ELEC, in-kind contribution, ethics violation, political fundraiser, Crystal Plaza, ActBlue, government transparency, public records, OPRAMachine, New Jersey campaign finance, Local Government Ethics Law, Conflicts of Interest Law

Yours sincerely,

Concerned Livingston Residents