Sent on 4/5/2023 at 10:15 AM
Re: OPRA 23-147 - unlawful denial from Brian Smyth

Mr. Smyth:

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.

Can you kindly forward any e:mail sent to me from Tracy Handerhan in reply to mine below sent to her? I have received nothing so I want to be sure that is the case. Kindly reply that "No records exist" if Tracy Handerhan did not reply to my e:mail.

The time frame would be 4/4/2023 through 4/5/2023 up till 10:15 AM from Tracy Handerhan to Betsy Cross. As you are aware you still have not returned the information requested in my OPRA which is certainly public information. I would like what Adam Nasr sent to Tracy Handerhan on 12/1/2022. I would like the e:mail and the documents included within.

Keywords: "Do you know what Mr. Smyth is trying to hide?"

Here is my original OPRA that I send on March 24, 2023:

May I please have the entire contents within the google drive folder that Adam Nasr sent via a google drive link in an email to Tracy Handerhan on December 1, 2022, at 10:01 AM. As you are aware Mr. Smyth held up this simple email for over 3 months with 5 OPRA extension requests from Mr. Smyth. It is clear this was a purposeful delay of public information by Mr. Smyth, Dr. Handerhan, and the entire Wall BOE.

Please use the Keywords: "Folder shared with you", "FB".

Please include all and not be limited to: e:mails, texts, google docs, file types; .jpg, .jpeg, .HEIC, .png, .pdf,.mp4, .mov, and windows media files. Again I would like the entire folder that was shared and the email it went with.

Thank you.

Betsy Cross
cc: Wall BOE Members
Tracy Handerhan
Lester Richens
Kevin Walsh - Comptrollers Office
Wall PD

----- Forwarded Message -----
From: [email address] <[email address]>
To: Office of Superintendent <[email address]>
Cc: Kathleen DiGiovanni <[email address]>; Sean O'Halloran <[email address]>; Michael Hurden <[email address]>; Ty Hughes <[email address]>; Kathleen Doran <[email address]>; [email address] <[email address]>; Lester W. Richens <[email address]>; Statebd <[email address]>; Editor Coast <[email address]>; Wall Township News <[email address]>
Sent: Tuesday, April 4, 2023 at 04:56:40 PM EDT
Subject: Fw: [EXTERNAL] Re: OPRA request for public information - Folder shared from Adam Nasr to Tracy Handerhan on 12/1/2022 at 10:01 AM

Dr. Handerhan:

Will Mr. Smyth be written up?

My OPRA request is not "overly broad" as Mr. Smyth claims in his OPRA response received today at 4:16 PM and only after I followed up with him.

It is quite specific I want the folder shared with you sent from Adam Nasr at 12/1/2022 at 10:01 AM. Please see what is highlighted in green below.

Here is Mr. Smyth's illogical OPRA response. Do you know what Mr. Smyth is trying to hide?

Please be advised that your request is denied. Your request is invalid because it is overly broad and fails to seek specific, identifiable government records pursuant to MAG Entm’t, LLC v. Div. of Alcoholic Beverages Control, 375 N.J. Super. 534, 546, (App.Div. 2005). Bent v. Stafford Police Dep’t, 381 N.J. Super. 30, 37 (App. Div. 2005); N.J. Builders Assoc. v. N.J. Council on Affordable Hous., 390 N.J. Super. 166, 180 (App. Div. 2007); Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009); Bragg v. N.J. Dep’t of Corr., GRC Complaint No. 2010-145 (March 2011).

I would like this information by 5:00 PM today via e:mail.

Regards,

Betsy Cross