Social Media OPRA
Dear Sussex County,
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.
Records requested:
As it relates to social media (Facebook) I would like a copy of all individuals who are listed in a page role (such as administrator or any other page role) for Sussex County Government. I would also like a copy of all banned profile page lists for social media accounts for each one of the identified social media pages. This list should identify any banned pages or profiles for each one of the Facebook pages. Lastly, I would like copies of all messages sent to Sussex County Government on Facebook from January 1, 2024 through the present day (June 29, 2024).
Yours faithfully,
Steve Walsh
Good afternoon,
Please accept this email on behalf of Sussex County.
The County is in receipt of your OPRA request for item with regard to the
Sussex County government Facebook page.
1. A copy of all individuals who are listed in a page role (such as
administrator or any other page role) for Sussex County Government.
This is a request for information, not an identifiable government
document and is denied. See:
MAG Entm’t, LLC v. Div. of Alcohol Beverage Control, 375 N.J. Super. 534
(App. Div. 2005): The Court held that “[w]hile OPRA provides an
alternative means of access to government documents not otherwise exempted
from its reach, it is not intended as a research tool litigants may use to
force government officials to identify and siphon useful information.
Rather, OPRA simply operates to make identifiable government records
‘readily accessible for inspection, copying, or examination.’ N.J.S.A.
47:1A-1.” (emphasis added). The Court further held that “[u]nder OPRA,
agencies are required to disclose only ‘identifiable’ government records
not otherwise exempt . . . In short, OPRA does not countenance open-ended
searches of an agency's files.” Id. at 549 (emphasis added)
2. A copy of all banned profile page lists for social media accounts for
each one of the identified social media pages.
This request is overly broad and also seeks information, not an
identifiable government record and is therefore denied. See:
MAG Entm’t, LLC v. Div. of Alcohol Beverage Control, 375 N.J. Super. 534
(App. Div. 2005): The Court held that “[w]hile OPRA provides an
alternative means of access to government documents not otherwise exempted
from its reach, it is not intended as a research tool litigants may use to
force government officials to identify and siphon useful information.
Rather, OPRA simply operates to make identifiable government records
‘readily accessible for inspection, copying, or examination.’ N.J.S.A.
47:1A-1.” (emphasis added). The Court further held that “[u]nder OPRA,
agencies are required to disclose only ‘identifiable’ government records
not otherwise exempt . . . In short, OPRA does not countenance open-ended
searches of an agency's files.” Id. at 549 (emphasis added)
And Bent v. Stafford Police Dep’t, 381 N.J. Super. 30 (App. Div. 2005):
The Court affirmed the GRC’s decision (GRC Complaint No. 2004-78) that the
complainant’s request was broad and unclear (“any and all”). The Council
ruled that the information sought did not amount to an identifiable
government record.
3. Copies of all messages sent to Sussex County Government on Facebook
from January 1, 2024 through the present day (June 29, 2024).
This is an improper request for written communications and is also denied.
See; Elcavage v. West Milford Twp. (Passaic), GRC Complaint No. 2009-07
(April 2010): The Council held that an OPRA request shall focus upon four
(4) characteristics: • Content and/or subject • Specific date or range of
dates • Sender • Recipient. In accord with MAG, supra, and its progeny, in
order to specifically identify an e-mail, or written communication
requests must contain: (1) the content and/or subject, (2) the specific
date or range of dates during which the e-mail was transmitted, or the
e-mails were transmitted, and (3) a valid email request must identify the
sender and/or the recipient thereof. Id. at 5. See also Armenti v.
Robbinsville Bd. of Educ. (Mercer), GRC Complaint No. 2009-154 (Interim
Order dated May 24, 2011) which applies the Elcavage, factors to other
forms of written correspondence.
Thank you,
Serena DiMaso, Esq
Florio, Perrucci, Steinhardt, Cappelli & Tipton LLC
91 Larry Holmes Dr.
Easton, PA 18042
Cell: 848.893.6669
[1][email address] / [2]www.floriolaw.com
Licensed in NYS
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From: Steve Walsh <[OPRA #63282 email]>
Sent: Saturday, June 29, 2024 11:55 AM
To: OPRA requests at Sussex County <[Sussex County request email]>
Subject: OPRA request - Social Media OPRA
Dear Sussex County,
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.
Records requested:
As it relates to social media (Facebook) I would like a copy of all
individuals who are listed in a page role (such as administrator or any
other page role) for Sussex County Government. I would also like a copy of
all banned profile page lists for social media accounts for each one of
the identified social media pages. This list should identify any banned
pages or profiles for each one of the Facebook pages. Lastly, I would like
copies of all messages sent to Sussex County Government on Facebook from
January 1, 2024 through the present day (June 29, 2024).
Yours faithfully,
Steve Walsh
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