OPRA- Toms River School District Referendum of 2018

The request was refused by Toms River School District.

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

William Doering, Toms River School District

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
On Tue, Mar 20, 2018 at 10:15 AM, Phil Stilton
<[1][OPRA #1331 email]> wrote:

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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[2][OPRA #1331 email]

Is [3][email address] the wrong address for Open Public Records
Act requests to Toms River School District? If so, please contact us
using this form:
[4]https://opramachine.com/change_request/n...

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[5]https://opramachine.com/help/officers

Please note that in some cases publication of requests and responses
will be delayed.

If you find this service useful as an OPRA officer, please ask your web
manager to link to us from your organisation's OPRA page.

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Helena Gregitis, Toms River School District

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

On Tue, Mar 20, 2018 at 10:15 AM, Phil Stilton
<[2][OPRA #1331 email]> wrote:

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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[3][OPRA #1331 email]

Is [4][email address] the wrong address for Open Public
Records Act requests to Toms River School District? If so,
please contact us using this form:
[5]https://opramachine.com/change_request/n...

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
[6]https://opramachine.com/help/officers

Please note that in some cases publication of requests and
responses will be delayed.

If you find this service useful as an OPRA officer, please ask
your web manager to link to us from your organisation's OPRA
page.

-------------------------------------------------------------------

 

 

 

 

References

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6. https://opramachine.com/help/officers

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Helena Gregitis, Toms River School District

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
On Tue, Mar 27, 2018 at 11:05 AM, Helena Gregitis
<[2][email address]> wrote:

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 [3]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
[4]732 505-5549

On Tue, Mar 20, 2018 at 10:15 AM, Phil Stilton
<[5][OPRA #1331 email]> wrote:

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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[6][OPRA #1331 email]

Is [7][email address] the wrong address for Open Public
Records Act requests to Toms River School District? If so,
please contact us using this form:
[8]https://opramachine.com/change_request/n...

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
[9]https://opramachine.com/help/officers

Please note that in some cases publication of requests and
responses will be delayed.

If you find this service useful as an OPRA officer, please ask
your web manager to link to us from your organisation's OPRA
page.

-------------------------------------------------------------------

 

 

 

 

References

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5. mailto:[OPRA #1331 email]
6. mailto:[email address]
7. mailto:[email address]
8. https://opramachine.com/change_request/n...
9. https://opramachine.com/help/officers

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Vincent J. Grasso,

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.

 

 

 

Helena Gregitis, Toms River School District

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

Vincent J. Grasso,

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.

 

 

 

Wendy Saxton, Toms River School District

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

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Wendy Saxton, Toms River School District

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
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2. https://maps.google.com/?q=9+Robbins+Str...
3. https://maps.google.com/?q=9+Robbins+Str...