Dear Pompton Lakes Borough,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

Dear Custodian of Records,

Under the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), I am requesting access to all records related to the modification, review, discussion, suspension, or removal of the Borough of Pompton Lakes’ Social Media Commenting Policy, which was recently taken down from Borough platforms.

This request includes all records in any medium (email, text, handwritten notes, drafts, meeting notes, memos, internal messages, attachments, redlines, metadata, electronic communications, etc.).

⸻

1. All Communications About the Social Media Commenting Policy

All communications involving any of the following individuals:
• Mayor Michael Serra
• Any Council Member
• Borough Administrator
• Borough Clerk
• Borough Attorney (Cassidy/Whoever currently holds the role)
• Any member of the Pompton Lakes Police Department
• Any Borough employee responsible for IT or social media
• Any communications with outside consultants, vendors, or legal advisors

that reference:
• The social media commenting policy
• Removing it
• Modifying it
• Its legality or constitutionality
• Complaints about it
• Public comments about it
• Threatened or potential legal action involving it
• Discussions that it may violate First Amendment rights
• Any discussion of public comments related to the policy

Date range: June 1, 2025 – present.

⸻

2. All Versions, Drafts, or Redlines of the Social Media Commenting Policy

Including:
• The original version
• Any revisions
• Any internal or attorney-proposed edits
• Any marked-up drafts
• Any proposed replacements
• Any policies considered but never published

⸻

3. All Records Related to the Decision to Remove the Policy

Including:
• Who ordered the removal
• When the decision was made
• Internal discussions
• Legal advice sought or received
• Any emails or texts discussing the risks of keeping the policy
• Any acknowledgment that the policy violated First Amendment protections

⸻

4. Legal Review or Opinions

All records of:
• Any review by the Borough Attorney
• Any legal memorandum, opinion, or guidance
• Any emails from or to the Borough Attorney regarding the policy
• Any determination of constitutional concerns

If legal advice was provided verbally, I am requesting:
• Any emails or notes referencing or summarizing that advice
• Any communications scheduling discussions about the policy

⸻

5. Records Related to Public Complaints, Questions, or Challenges

Any complaints, questions, or inquiries (formal or informal) from the public, including:
• Emails from residents
• Social media messages
• Internal communications referencing residents discussing the policy
• Any mention of council meeting comments relating to the policy

⸻

6. Instructions to Staff or IT

All directives, instructions, or communications to Borough staff, IT personnel, or social media managers regarding:
• Taking down the commenting policy
• Editing Borough social media pages
• Changing comment visibility or settings
• Hiding, deleting, disabling, or modifying public interaction features

⸻

7. Meeting Notes or Minutes

Any notes, minutes, or summaries (formal or informal) referencing discussion of the commenting policy, including:
• Council meeting notes not included in the public minutes
• Internal meeting notes
• Any workshop or closed-session discussion that referenced or touched upon the policy

(If withheld under a claimed exemption, please still provide the subject and date in accordance with OPRA.)

⸻

Preferred Format

Please email all records electronically in PDF or native electronic format.

⸻

Certification

If any records are withheld, please state the specific legal basis for each redaction or denial, as required by OPRA case law.
If any records do not exist, please confirm that in writing.

⸻

Thank you for your prompt attention to this request

Trevor