OPRA- Toms River School District Referendum of 2018
Dear Toms River School District,
This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:
True and correct copy of each contract, and any addendums or amendments to said contracts between the Board and any engineering firms, architects, planners, builders, engineers hired between 2010 and present regarding any and all items to be considered on the proposed school referendum of 2018.
True and correct copies of any and all Bid solicitations, Requests for Proposals or other documents evidencing the efforts of the TR Bd of Ed to retain an engineering company to prepare any inspections or reports regarding any building or facility of the board, and the entire response of any company ultimately chosen to perform such services, 2010-present.
True and correct copy of all bills submitted by any engineering firms, architects, planners, builders, engineers as well as all vouchers or other evidence of payments between the board and any engineering firms, architects, planners, builders, engineers , as well as any agent, servant or employee of any engineering firms, architects, planners, builders, engineers, from 2010-present.
True and correct copy of any and all correspondence or emails between The Toms River Bd of Ed, or any agent, servant or employee of the toms River board of ed and any engineering firms, architects, planners, builders, engineers,as well as any agent, servant or employee of --any engineering firms, architects, planners, builders, engineers, relating to any work performed or to be performed by any engineering firms, architects, planners, builders, engineers for the Toms river Bd of ed., from 2010-present
True and correct copy of any and all reports, memorandums, studies or other correspondence, provided by any engineering firms, architects, planners, builders, engineers, to the TR Bd of Ed, or any agent, servant or employee thereof, regarding any and all buildings, structures or other facilities owned by the TR Bd of Ed, including any and all exhibits, appendices, photographs or other documentation submitted in support thereof.
In the event any response requested is denied due to a claim of an exemption under OPRA or any other claim of privilege etc, please provide a log describing the item, the basis for the exemption or privilege and where it is located.
Yours faithfully,
Phil Stilton
Mr. Stilton,
Please note that our Board Secretary, Wendy Saxton, is the Custodian of
School Records and she is copied herein. A response will be forthcoming.
Bill Doering
William J. Doering, CPA
Business Administrator
Good Morning Mr. Stilton, given the content and rather voluminous nature
of the requests, we are respectfully requesting a 30 day extension. This
request is overly broad in many areas and if the records are properly
identified will involve a time-consuming search. Judge Grasso, of Counsel
to the law firm of Carluccio, Leone, Dimon, Doyle & Sacks, L.L.C., would
like to speak to you in an effort to streamline your request and identify
the government records you are seeking. Please be assured of the
District’s intention to properly respond to your request. Can you please
confirm a number where he can contact you? The phone number we have is
732-575-4891, but we are not sure if this is correct. Thank you for your
assistance.
Sincerely,
Helena Gregitis for
Wendy L. Saxton
Board Secretary
Toms River Regional Schools
[1]732 505-5549
Good Morning Mr. Stilton, I am following up on the OPRA 30 day extension
request and clarification of your OPRA which was sent in a previous email
below dated March 27, 2018. Please confirm if the phone number listed
below is correct, so we may have Judge Grasso, Counsel to the law firm of
Carluccio, Leone, Dimon, Doyle & Sacks, L.L.C., contact you. Thank you
for your prompt assistance to this matter.
Sincerely,
Helena Gregitis for
Wendy L. Saxton
Board Secretary
Toms River Regional Schools
[1]732 505-5549
Mr. Stilton , I will be assisting the Toms River School District regarding
your OPRA request of 3/20/18. We asked for a 30 day extension given the
breadth of your request as well as the fact the District is on Spring
Break this week. I believe it would be helpful if we spoke in an effort to
more clearly identify the “government records” you have requested. Please
be assured of the District’s intention to comply with your OPRA request if
in proper form. I am available all day today and tomorrow at 732-797 -1600
and look forward to speaking to you on this matter. VJG
Vincent J. Grasso, Of Counsel
Carluccio, Leone, Dimon, Doyle & Sacks, LLC
9 Robbins Street
Toms River, NJ 08753
Ph: 732-797-1600
Fax: 732-505-6340
IMPORTANT NOTICE: NOTICE OF ATTORNEY’S CONFIDENTIALITY:
The material submitted herewith contains, and is intended to be, a
confidential transmission of information or documents from CARLUCCIO,
LEONE, DIMON, DOYLE & SACKS, LLC, which is legally privileged. The
materials or information enclosed are intended only for the use of the
individual or entity named in this transmission sheet. If you are not the
intended recipient, any disclosure, copying, distribution or the taking of
any action in reliance on the contents of this transmission is strictly
prohibited. If you have received this e-mail transmission in error,
immediately forward a reply to same and then delete the message. Please
note that if this email message contains a forwarded message or is a reply
to a prior message, some or all of the contents of this message or any
attachments may not have been produced by the sender but is presumptively
privileged. This notice is automatically appended to each e-mail message
leaving this office’s e-mail domain. Thank you.
Good Morning Mr. Stilton, please see the following response regarding
your OPRA request of March 20, 2018 which was tolled due to the snow days
of March 21-22, 2018, Spring break March 30 - April 8, 2018 and now has a
due date of April 10, 2018.
1. Denied: The request is overly broad. MAG Entertainment, LLC v.
Div. of Alcoholic Beverage Control, 370 N.J. Super. 534 (App. Div. 2005).
Also, the request as framed asks for “any and all items to be considered
on the proposed bill referendum of 2018”. The District for example, does
have the ESIP (Energy Savings Improvement Program) approved by Board of
Education in November, 2017.
2. & 3. Denied: Request for documents in item request numbers 2 & 3 are
overly broad and would require the custodian to research rather than
search for such records. Such access would substantially disrupt the
operations of the school district under N.J.S.A. 47:1A-5.g and custodian
respectfully requests more specificity in order to reach a reasonable
solution with the requestor that accommodates the interest of both the
requestor and the school district. For example, on March 4, 2016, School
District receives submissions for a RFP to do a Facility Condition
Assessment. District’s engineer of record, Maser Engineering won the RFP
and contract was fulfilled. District working with Maser on list of
projects to address remaining capital needs and Maser bills are available
if specifically requested.
4. & 5. Denied: Requests are overly broad requiring custodian to
research as opposed to search for specific records. Custodian requests
specificity in terms of a specific project or building where work was
performed or is to be performed by an engineering firm, architect,
planner, builder or engineer from the period of 2010 to present. Burnett
v. County of Gloucester, 415 N.J. Super. 506 (App. Div. 2010).
The overly broad content and rather voluminous nature of this OPRA request
has had both our offices and Judge Grasso, Counsel to the law firm of
Carluccio, Leone, Dimon, Doyle & Sacks, L.L.C, contact you several times
since March 20, 2018.
Sincerely,
Helena Gregitis for
Wendy L. Saxton
Board Secretary
Toms River Regional Schools
732 505-5549
Good morning Mr. Guzman, This firm represents the Toms River Regional
School District and I have been asked to address your OPRA request of
April 30 2018 for “diploma verification or equivalent record” for Carissa
Nicole Nitti. The District maintains a policy of timely and strict
adherence to the statutory requirements under OPRA. Following your
request, the custodian searched for an “identifiable” record maintained by
the District in its “ordinary course of official business “ to satisfy the
request. The District conclude it did maintain a record that would meet
the description of “diploma verification” . In an effort to be responsive,
the custodian provided you on May 3,2018 a record that is maintained which
is a redacted student transcript that reflects a “date graduation:
6/21/96”. The District is of the opinion that this can be released as
“Directory Information” under Family Educational Rights and Privacy Act
(FERPA). The District does not maintain nor is there is any requirement
that the District create a document, such as a duplicate diploma, under
OPRA. See the NJ Supreme Court case of Paff v. Galloway Tp., 229 N.J.340
(2017). In sum, there are no other records to be produced in response to
your request. I am happy to discuss if needed at the phone listed below.
Thank you VJG
Vincent J. Grasso, Of Counsel
Carluccio, Leone, Dimon, Doyle & Sacks, LLC
9 Robbins Street
Toms River, NJ 08753
Ph: 732-797-1600
Fax: 732-505-6340
IMPORTANT NOTICE: NOTICE OF ATTORNEY’S CONFIDENTIALITY:
The material submitted herewith contains, and is intended to be, a
confidential transmission of information or documents from CARLUCCIO,
LEONE, DIMON, DOYLE & SACKS, LLC, which is legally privileged. The
materials or information enclosed are intended only for the use of the
individual or entity named in this transmission sheet. If you are not the
intended recipient, any disclosure, copying, distribution or the taking of
any action in reliance on the contents of this transmission is strictly
prohibited. If you have received this e-mail transmission in error,
immediately forward a reply to same and then delete the message. Please
note that if this email message contains a forwarded message or is a reply
to a prior message, some or all of the contents of this message or any
attachments may not have been produced by the sender but is presumptively
privileged. This notice is automatically appended to each e-mail message
leaving this office’s e-mail domain. Thank you.
Please see 5/4/18 email.
On Fri, May 4, 2018 at 11:03 AM, Vincent J. Grasso <[1][email address]>
wrote:
Good morning Mr. Guzman, This firm represents the Toms River Regional
School District and I have been asked to address your OPRA request of
April 30 2018 for “diploma verification or equivalent record” for
Carissa Nicole Nitti. The District maintains a policy of timely and
strict adherence to the statutory requirements under OPRA. Following
your request, the custodian searched for an “identifiable” record
maintained by the District in its “ordinary course of official business
“ to satisfy the request. The District conclude it did maintain a
record that would meet the description of “diploma verification” . In an
effort to be responsive, the custodian provided you on May 3,2018 a
record that is maintained which is a redacted student transcript that
reflects a “date graduation: 6/21/96”. The District is of the opinion
that this can be released as “Directory Information” under Family
Educational Rights and Privacy Act (FERPA). The District does not
maintain nor is there is any requirement that the District create a
document, such as a duplicate diploma, under OPRA. See the NJ Supreme
Court case of Paff v. Galloway Tp., 229 N.J.340 (2017). In sum, there
are no other records to be produced in response to your request. I am
happy to discuss if needed at the phone listed below. Thank you VJG
Vincent J. Grasso, Of Counsel
Carluccio, Leone, Dimon, Doyle & Sacks, LLC
[2]9 Robbins Street
Toms River, NJ [3]08753
Ph: 732-797-1600
Fax: 732-505-6340
IMPORTANT NOTICE: NOTICE OF ATTORNEY’S CONFIDENTIALITY:
The material submitted herewith contains, and is intended to be, a
confidential transmission of information or documents from CARLUCCIO,
LEONE, DIMON, DOYLE & SACKS, LLC, which is legally privileged. The
materials or information enclosed are intended only for the use of the
individual or entity named in this transmission sheet. If you are not
the intended recipient, any disclosure, copying, distribution or the
taking of any action in reliance on the contents of this transmission is
strictly prohibited. If you have received this e-mail transmission in
error, immediately forward a reply to same and then delete the message.
Please note that if this email message contains a forwarded message or
is a reply to a prior message, some or all of the contents of this
message or any attachments may not have been produced by the sender but
is presumptively privileged. This notice is automatically appended to
each e-mail message leaving this office’s e-mail domain. Thank you.
References
Visible links
1. mailto:[email address]
2. https://maps.google.com/?q=9+Robbins+Str...
3. https://maps.google.com/?q=9+Robbins+Str...
Please see 5/4/18 email.
On Fri, May 4, 2018 at 11:03 AM, Vincent J. Grasso <[1][email address]>
wrote:
Good morning Mr. Guzman, This firm represents the Toms River Regional
School District and I have been asked to address your OPRA request of
April 30 2018 for “diploma verification or equivalent record” for
Carissa Nicole Nitti. The District maintains a policy of timely and
strict adherence to the statutory requirements under OPRA. Following
your request, the custodian searched for an “identifiable” record
maintained by the District in its “ordinary course of official business
“ to satisfy the request. The District conclude it did maintain a
record that would meet the description of “diploma verification” . In an
effort to be responsive, the custodian provided you on May 3,2018 a
record that is maintained which is a redacted student transcript that
reflects a “date graduation: 6/21/96”. The District is of the opinion
that this can be released as “Directory Information” under Family
Educational Rights and Privacy Act (FERPA). The District does not
maintain nor is there is any requirement that the District create a
document, such as a duplicate diploma, under OPRA. See the NJ Supreme
Court case of Paff v. Galloway Tp., 229 N.J.340 (2017). In sum, there
are no other records to be produced in response to your request. I am
happy to discuss if needed at the phone listed below. Thank you VJG
Vincent J. Grasso, Of Counsel
Carluccio, Leone, Dimon, Doyle & Sacks, LLC
[2]9 Robbins Street
Toms River, NJ [3]08753
Ph: 732-797-1600
Fax: 732-505-6340
IMPORTANT NOTICE: NOTICE OF ATTORNEY’S CONFIDENTIALITY:
The material submitted herewith contains, and is intended to be, a
confidential transmission of information or documents from CARLUCCIO,
LEONE, DIMON, DOYLE & SACKS, LLC, which is legally privileged. The
materials or information enclosed are intended only for the use of the
individual or entity named in this transmission sheet. If you are not
the intended recipient, any disclosure, copying, distribution or the
taking of any action in reliance on the contents of this transmission is
strictly prohibited. If you have received this e-mail transmission in
error, immediately forward a reply to same and then delete the message.
Please note that if this email message contains a forwarded message or
is a reply to a prior message, some or all of the contents of this
message or any attachments may not have been produced by the sender but
is presumptively privileged. This notice is automatically appended to
each e-mail message leaving this office’s e-mail domain. Thank you.
References
Visible links
1. mailto:[email address]
2. https://maps.google.com/?q=9+Robbins+Str...
3. https://maps.google.com/?q=9+Robbins+Str...