Requests received by the Saddle River BOE that advocates for the establishment of new middle school send/receive school agreements

The request was refused by Saddle River School Distict.

Dear Saddle River School District,

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.

Records Requested:
I am seeking any correspondence from the community to the Saddle River Board of Education since January 1, 2022, that advocates for establishing new middle school send/receive school agreements with districts that the Saddle River School District does not currently have new middle school send/receive agreements with.

For clarity, a "send/receive school agreement" is a contract between two or more school districts, where one district (the "sending" district) agrees to send some of its students to schools in another district (the "receiving" district), typically because the sending district does not have appropriate facilities or programs to meet the needs of those students

I want to emphasize that the subject matter of this request is sufficiently clear and not overly broad. Therefore, this request should not be denied on these grounds. I refer to the case STEVEN WRONKO VS. TOWNSHIP OF JACKSON, ET AL. (L-0679-16, OCEAN COUNTY AND STATEWIDE). In addition, I invoke the decision in Burnett v. County of Gloucester, 415 N.J. Super. 506 (App. Div. 2010) in further support of my request.

Common Law: Under common law, I seek access to the requested documents to ensure transparency and accountability in the spending of public funds by the Saddle River School District, and to verify that the district is complying with applicable laws and regulations regarding the community's interest and advocacy for the establishment of a middle school within the district.

(1) To the extent that any such records contain personally identifiable information related to any individual student, please redact that personally identifiable information prior to disclosure.
(2) To the extent that any such records are exempted from disclosure under OPRA, and also unavailable under the common law right of access, please provide a complete Vaughn index of all such records, disclosing “sufficient detail to prove the requestor ‘with as much information as possible to use in presenting his case’ and to enable the ‘decision-maker’s review of governmental records to determine whether they contain privileged material.’” Paff v. Division of Law, 412 N.J. Super. 140, 161 (App. Div. 2010).

Yours faithfully,
Brian Hampel

Dear Saddle River School District,

I am writing to provide a slight correction to my recent OPRA request.

In my original request, I stated:
"I am seeking any correspondence from the community to the Saddle River Board of Education since January 1, 2022, that advocates for establishing new middle school send/receive school agreements with districts that the Saddle River School District does not currently have new middle school send/receive agreements with."

The corrected sentence should read:
"I am seeking any correspondence from the community to the Saddle River Board of Education since January 1, 2022, that advocates for establishing new middle school send/receive school agreements with districts that the Saddle River School District does not currently have middle school send/receive agreements with."

I apologize for any confusion this may have caused, and I appreciate your attention to this matter.

Yours faithfully,
Brian Hampel

Kaitlyn Lawler, Saddle River School Distict

Hello Mr. Hampel,
I am in receipt of your request. Please expect a response by Friday,
November 10, 2023.
Have a good day,
Kaitlyn Lawler 
On Wed, Nov 1, 2023 at 11:59 AM Brian Hampel
<[1][OPRA #54781 email]> wrote:

Dear Saddle River School District,

I am writing to provide a slight correction to my recent OPRA request.

In my original request, I stated:
"I am seeking any correspondence from the community to the Saddle River
Board of Education since January 1, 2022, that advocates for
establishing new middle school send/receive school agreements with
districts that the Saddle River School District does not currently have
new middle school send/receive agreements with."

The corrected sentence should read:
"I am seeking any correspondence from the community to the Saddle River
Board of Education since January 1, 2022, that advocates for
establishing new middle school send/receive school agreements with
districts that the Saddle River School District does not currently have
middle school send/receive agreements with."

I apologize for any confusion this may have caused, and I appreciate
your attention to this matter.

Yours faithfully,
Brian Hampel

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[2][OPRA #54781 email]

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

View this OPRA request & responses online:
[4]https://opramachine.com/request/requests...

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

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

--
Kaitlyn Lawler
Board Secretary/ Assistant to the Business Administrator
Saddle River School District
97 E. Allendale Rd., Saddle River, NJ 07458
201-327-0727 ex. 203
[5][Saddle River School Distict request email]

CONFIDENTIALITY NOTICE: This message, including any attachments, is
covered by the Electronic Communication Privacy Act, 18 U.S.C., §§
2510-2521, is CONFIDENTIAL and may also be PRIVILEGED under both State and
Federal law. The information contained in this email, including any
attachments, is for the sole use of the individual(s), or entity, to whom
it is addressed.  If you believe you have received this email in error,
please do not read it. If you are not the intended recipient(s), or an
agent responsible for delivering this message to the intended
recipient(s), you are hereby notified that any retention, disclosure,
dissemination, distribution, copying and/or other use of any information
contained in, or attached to, this transmission is strictly prohibited. If
the reader of this message is not the intended recipient, please be
advised that the sender did not intend to waive and does not waive any
privilege and/or confidentiality of this message and/or the attachments.
If you have received this electronic communication in error, please notify
the sender immediately and destroy all copies of the transmission, as well
as any attachments thereto. Thank you.

WARNING: Emails received by or sent to school district officials/employees
is subject to the Open Public Records Act (“OPRA”). Should you have
concerns about the contents of your email being read by someone other than
the person(s) you are contacting, consider alternate avenues of
communication.  

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://opramachine.com/help/officers
4. https://opramachine.com/request/requests...
5. mailto:[Saddle River School Distict request email]

hide quoted sections

Kaitlyn Lawler, Saddle River School Distict

1 Attachment

Good Afternoon Mr. Hampel,
Please see the response to your OPRA request.
Have a good day,
Kaitlyn Lawler 
On Wed, Nov 1, 2023 at 2:34 PM Kaitlyn Lawler
<[1][Saddle River School Distict request email]> wrote:

Hello Mr. Hampel,
I am in receipt of your request. Please expect a response by Friday,
November 10, 2023.
Have a good day,
Kaitlyn Lawler 
On Wed, Nov 1, 2023 at 11:59 AM Brian Hampel
<[2][OPRA #54781 email]> wrote:

Dear Saddle River School District,

I am writing to provide a slight correction to my recent OPRA request.

In my original request, I stated:
"I am seeking any correspondence from the community to the Saddle
River Board of Education since January 1, 2022, that advocates for
establishing new middle school send/receive school agreements with
districts that the Saddle River School District does not currently
have new middle school send/receive agreements with."

The corrected sentence should read:
"I am seeking any correspondence from the community to the Saddle
River Board of Education since January 1, 2022, that advocates for
establishing new middle school send/receive school agreements with
districts that the Saddle River School District does not currently
have middle school send/receive agreements with."

I apologize for any confusion this may have caused, and I appreciate
your attention to this matter.

Yours faithfully,
Brian Hampel

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request
and no other:
[3][OPRA #54781 email]

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

View this OPRA request & responses online:
[5]https://opramachine.com/request/requests...

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

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

--
Kaitlyn Lawler
Board Secretary/ Assistant to the Business Administrator
Saddle River School District
97 E. Allendale Rd., Saddle River, NJ 07458
201-327-0727 ex. 203
[6][Saddle River School Distict request email]

--
Kaitlyn Lawler
Board Secretary/ Assistant to the Business Administrator
Saddle River School District
97 E. Allendale Rd., Saddle River, NJ 07458
201-327-0727 ex. 203
[7][Saddle River School Distict request email]

CONFIDENTIALITY NOTICE: This message, including any attachments, is
covered by the Electronic Communication Privacy Act, 18 U.S.C., §§
2510-2521, is CONFIDENTIAL and may also be PRIVILEGED under both State and
Federal law. The information contained in this email, including any
attachments, is for the sole use of the individual(s), or entity, to whom
it is addressed.  If you believe you have received this email in error,
please do not read it. If you are not the intended recipient(s), or an
agent responsible for delivering this message to the intended
recipient(s), you are hereby notified that any retention, disclosure,
dissemination, distribution, copying and/or other use of any information
contained in, or attached to, this transmission is strictly prohibited. If
the reader of this message is not the intended recipient, please be
advised that the sender did not intend to waive and does not waive any
privilege and/or confidentiality of this message and/or the attachments.
If you have received this electronic communication in error, please notify
the sender immediately and destroy all copies of the transmission, as well
as any attachments thereto. Thank you.

WARNING: Emails received by or sent to school district officials/employees
is subject to the Open Public Records Act (“OPRA”). Should you have
concerns about the contents of your email being read by someone other than
the person(s) you are contacting, consider alternate avenues of
communication.  

References

Visible links
1. mailto:[Saddle River School Distict request email]
2. mailto:[email address]
3. mailto:[email address]
4. https://opramachine.com/help/officers
5. https://opramachine.com/request/requests...
6. mailto:[Saddle River School Distict request email]
7. mailto:[Saddle River School Distict request email]

hide quoted sections

Dear Kaitlyn Lawler,

At the Board of Education meeting on September 13, 2023, Dr. Cinotti mentioned that the decision to conduct a feasibility study stemmed from the BOE's commitment to addressing community concerns. In that meeting, she noted that around 50 community members had advocated for the creation of a middle school in the district. Additionally, Dr. Cinotti mentioned that some of these individuals also advocated for the exploration of send/receive school agreements with new districts.

In this OPRA request, I am requesting access to the written communications from the community members asking for the District to explore send/receive school agreements with new districts.

The email I received below from Dr. Cinotti on Nov 22, 2023 for which you were CC:ed, suggests that my OPRA request was clear and not excessively broad as Dr. Cinotti was able to articulate that, "all discussions about this topic were informal. I have no emails regarding this........As I mentioned last week in our conversation". Therefore, there appears to be no misunderstanding as to the subject of my OPRA request as suggested by the District's Denial.

To ensure a productive outcome and to prevent unnecessary effort and time expenditure, I'm hoping this email clarifies any doubts with the Saddle River Records Custodian as it relates to this OPRA request having been denied.

Kindly confirm if this allows the BOE to provide a response to this requests that is not a denial of access. Just to be clear, a response of "No Records", by stating that no records exist, is different from a "Denial of Access", where an agency has the records but refuses to provide them, usually citing specific exemptions under OPRA.

Should I face an unjust denial, I intend to pursue further action as specified in "N.J.S.A. 47:1A-1 to 47:1A-13," which may unfortunately result in additional expenses for Saddle River taxpayers. Thus, I would much rather find a resolution that avoids this course of action.

Regards,
Brian Hampel

Kaitlyn Lawler, Saddle River School Distict

Good Afternoon Mr. Hampel,
I am in receipt of your request. Please expect a response within seven (7)
business days by Friday, December 8, 2023.
Have a good day,
Kaitlyn Lawler 
On Wed, Nov 29, 2023 at 12:12 PM Brian Hampel
<[1][OPRA #54781 email]> wrote:

Dear Kaitlyn Lawler,

At the Board of Education meeting on September 13, 2023, Dr. Cinotti
mentioned that the decision to conduct a feasibility study stemmed from
the BOE's commitment to addressing community concerns. In that meeting,
she noted that around 50 community members had advocated for the
creation of a middle school in the district. Additionally, Dr. Cinotti
mentioned that some of these individuals also advocated for the
exploration of send/receive school agreements with new districts.

In this OPRA request, I am requesting access to the written
communications from the community members asking for the District to
explore send/receive school agreements with new districts.

The email I received below from Dr. Cinotti on Nov 22, 2023 for which
you were CC:ed, suggests that my OPRA request was clear and not
excessively broad as Dr. Cinotti was able to articulate that, "all
discussions about this topic were informal. I have no emails regarding
this........As I mentioned last week in our conversation".  Therefore,
there appears to be no misunderstanding as to the subject of my OPRA
request as suggested by the District's Denial.

To ensure a productive outcome and to prevent unnecessary effort and
time expenditure, I'm hoping this email clarifies any doubts with the
Saddle River Records Custodian as it relates to this OPRA request having
been denied.

Kindly confirm if this allows the BOE to provide a response to this
requests that is not a denial of access. Just to be clear, a response of
"No Records", by stating that no records exist, is different from a
"Denial of Access",  where an agency has the records but refuses to
provide them, usually citing specific exemptions under OPRA.

Should I face an unjust denial, I intend to pursue further action as
specified in "N.J.S.A. 47:1A-1 to 47:1A-13," which may unfortunately
result in additional expenses for Saddle River taxpayers. Thus, I would
much rather find a resolution that avoids this course of action.

Regards,
Brian Hampel

-----Original Message-----

Good Afternoon Mr. Hampel,
 Please see the response to your OPRA request.
 Have a good day,
 Kaitlyn Lawler 

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[2][OPRA #54781 email]

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

View this OPRA request & responses online:
[4]https://opramachine.com/request/requests...

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

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

--
Kaitlyn Lawler
Board Secretary/ Assistant to the Business Administrator
Saddle River School District
97 E. Allendale Rd., Saddle River, NJ 07458
201-327-0727 ex. 203
[5][Saddle River School Distict request email]

CONFIDENTIALITY NOTICE: This message, including any attachments, is
covered by the Electronic Communication Privacy Act, 18 U.S.C., §§
2510-2521, is CONFIDENTIAL and may also be PRIVILEGED under both State and
Federal law. The information contained in this email, including any
attachments, is for the sole use of the individual(s), or entity, to whom
it is addressed.  If you believe you have received this email in error,
please do not read it. If you are not the intended recipient(s), or an
agent responsible for delivering this message to the intended
recipient(s), you are hereby notified that any retention, disclosure,
dissemination, distribution, copying and/or other use of any information
contained in, or attached to, this transmission is strictly prohibited. If
the reader of this message is not the intended recipient, please be
advised that the sender did not intend to waive and does not waive any
privilege and/or confidentiality of this message and/or the attachments.
If you have received this electronic communication in error, please notify
the sender immediately and destroy all copies of the transmission, as well
as any attachments thereto. Thank you.

WARNING: Emails received by or sent to school district officials/employees
is subject to the Open Public Records Act (“OPRA”). Should you have
concerns about the contents of your email being read by someone other than
the person(s) you are contacting, consider alternate avenues of
communication.  

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://opramachine.com/help/officers
4. https://opramachine.com/request/requests...
5. mailto:[Saddle River School Distict request email]

hide quoted sections

Kaitlyn Lawler, Saddle River School Distict

1 Attachment

Good Afternoon Mr. Hampel,
Please see the attached response to your request.
Have a good day,
Kaitlyn Lawler 
On Wed, Nov 29, 2023 at 2:42 PM Kaitlyn Lawler
<[1][Saddle River School Distict request email]> wrote:

Good Afternoon Mr. Hampel,
I am in receipt of your request. Please expect a response within seven
(7) business days by Friday, December 8, 2023.
Have a good day,
Kaitlyn Lawler 
On Wed, Nov 29, 2023 at 12:12 PM Brian Hampel
<[2][OPRA #54781 email]> wrote:

Dear Kaitlyn Lawler,

At the Board of Education meeting on September 13, 2023, Dr. Cinotti
mentioned that the decision to conduct a feasibility study stemmed
from the BOE's commitment to addressing community concerns. In that
meeting, she noted that around 50 community members had advocated for
the creation of a middle school in the district. Additionally, Dr.
Cinotti mentioned that some of these individuals also advocated for
the exploration of send/receive school agreements with new districts.

In this OPRA request, I am requesting access to the written
communications from the community members asking for the District to
explore send/receive school agreements with new districts.

The email I received below from Dr. Cinotti on Nov 22, 2023 for which
you were CC:ed, suggests that my OPRA request was clear and not
excessively broad as Dr. Cinotti was able to articulate that, "all
discussions about this topic were informal. I have no emails regarding
this........As I mentioned last week in our conversation".  Therefore,
there appears to be no misunderstanding as to the subject of my OPRA
request as suggested by the District's Denial.

To ensure a productive outcome and to prevent unnecessary effort and
time expenditure, I'm hoping this email clarifies any doubts with the
Saddle River Records Custodian as it relates to this OPRA request
having been denied.

Kindly confirm if this allows the BOE to provide a response to this
requests that is not a denial of access. Just to be clear, a response
of "No Records", by stating that no records exist, is different from a
"Denial of Access",  where an agency has the records but refuses to
provide them, usually citing specific exemptions under OPRA.

Should I face an unjust denial, I intend to pursue further action as
specified in "N.J.S.A. 47:1A-1 to 47:1A-13," which may unfortunately
result in additional expenses for Saddle River taxpayers. Thus, I
would much rather find a resolution that avoids this course of action.

Regards,
Brian Hampel

-----Original Message-----

Good Afternoon Mr. Hampel,
 Please see the response to your OPRA request.
 Have a good day,
 Kaitlyn Lawler 

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request
and no other:
[3][OPRA #54781 email]

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

View this OPRA request & responses online:
[5]https://opramachine.com/request/requests...

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

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

--
Kaitlyn Lawler
Board Secretary/ Assistant to the Business Administrator
Saddle River School District
97 E. Allendale Rd., Saddle River, NJ 07458
201-327-0727 ex. 203
[6][Saddle River School Distict request email]

--
Kaitlyn Lawler
Board Secretary/ Assistant to the Business Administrator
Saddle River School District
97 E. Allendale Rd., Saddle River, NJ 07458
201-327-0727 ex. 203
[7][Saddle River School Distict request email]

CONFIDENTIALITY NOTICE: This message, including any attachments, is
covered by the Electronic Communication Privacy Act, 18 U.S.C., §§
2510-2521, is CONFIDENTIAL and may also be PRIVILEGED under both State and
Federal law. The information contained in this email, including any
attachments, is for the sole use of the individual(s), or entity, to whom
it is addressed.  If you believe you have received this email in error,
please do not read it. If you are not the intended recipient(s), or an
agent responsible for delivering this message to the intended
recipient(s), you are hereby notified that any retention, disclosure,
dissemination, distribution, copying and/or other use of any information
contained in, or attached to, this transmission is strictly prohibited. If
the reader of this message is not the intended recipient, please be
advised that the sender did not intend to waive and does not waive any
privilege and/or confidentiality of this message and/or the attachments.
If you have received this electronic communication in error, please notify
the sender immediately and destroy all copies of the transmission, as well
as any attachments thereto. Thank you.

WARNING: Emails received by or sent to school district officials/employees
is subject to the Open Public Records Act (“OPRA”). Should you have
concerns about the contents of your email being read by someone other than
the person(s) you are contacting, consider alternate avenues of
communication.  

References

Visible links
1. mailto:[Saddle River School Distict request email]
2. mailto:[email address]
3. mailto:[email address]
4. https://opramachine.com/help/officers
5. https://opramachine.com/request/requests...
6. mailto:[Saddle River School Distict request email]
7. mailto:[Saddle River School Distict request email]

hide quoted sections