Paramus Mayor and Councilmember

Waiting for an internal review by Paramus Borough of their handling of this request.

Dear Paramus Borough,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.

Please note this request is for e-mails that pertain to Mayor Richard LaBarbiera and Councilwoman Holly Tedesco-Santos, [email address] and [email address] respectively.

According to the government records council generally stated, a “government record” means any record that has been made, maintained, or kept on file in the course of official business, or that has been received in the course of official business. Considering the e-mail is listed on the website as their official e-mail all e-mails to and from that e-mail are thus public records.

Records requested:

Therefore in accordance with PAFF V. Galloway Twp, I am requesting the "sender, recipient, date and subject" for all the e-mails for address [email address] and [email address] respectively for the period of 9/1/2020 through 1/31/2021

Yours faithfully,

David Mathews

BoroClerk, Paramus Borough

1 Attachment

  • Attachment

    OPRA 23967 response letter Mathews David 02 16 2021.pdf

    93K View Download

Good afternoon,

Please see attached response letter regarding your OPRA request #23967.

 

Sincerely,

Annemarie Krusznis, RMC

Borough Clerk

201-265-2100 Ext 2200

 

 

The information contained in this transmission is for the sole use of the
intended recipient(s) and may contain confidential and privileged
information and may be considered advisory, consultative and deliberative
material under OPRA. Any unauthorized review; use, disclosure or
distribution of this communication is strictly prohibited. If you have
received this e-mail in error, please contact the sender by reply e-mail
and destroy all paper and electronic copies of the original message.

Dear BoroClerk,

Please note your failed to review and explore the citation of the case I presented which was affirmed by the NJ Supreme Court. PAFF V. Galloway Twp 2017. A case summary is provided https://transparencynj.com/2017/06/20/su...

The GRC has used this case to consistently validate the access of records:

The Custodian unlawfully denied access to the Complainant’s OPRA request seeking a purchase order listing and vendor listing on the basis that same was in valid. N.J.S.A. 47:1A-6. Specifically, the Custodian was required to query a database and extract the responsive data; such an action does not amount to creating a new record. See Paff v. Twp. of Galloway, 229 N.J. 340, 353 (2017); Hopkins v. City of Long Branch (Monmouth), GRC Complaint No. 2014-44 (Interim Order dated February 26, 2019). Thus, the Custodian must disclose the aforementioned records to the Complainant.

The records requested are fields in a database nothing more. This is a reasonable concise request which shouldn't be denied unless you are able to cite a specific OPRA exception.

Yours sincerely,

David Mathews

BoroClerk, Paramus Borough

1 Attachment

  • Attachment

    OPRA 23967 counter response letter Mathews David 02 19 2021.pdf

    115K View Download

Good afternoon,
Please see attached letter regarding your OPRA 23967.

Thank you,
Annemarie Krusznis, RMC
Borough Clerk
201-265-2100 Ext 2200

show quoted sections

Dear BoroClerk,

It a government entity's routine business to run a simple report. The Township of Mahwah had no issue complying with the request. I am going to be discussing this with an attorney Walter M. Luers, it is troubling how one entity chooses transparency vs another who doesn't.

Yours sincerely,

David Mathews