Dear Charlie Kratovil,

Thank you for registering with Rutgers, The State University of New
Jersey Open Public Records Center, an online, public portal. Below you
will find your portal login and password information .

Login:  [OPRA #55875 email]
 
If you have never used this system or cannot remember your password, you
may request a [1]Temporary Password
 

If you are a first time user and did not submit your request through the
public portal but are receiving this e-mail, an account has been created
for you with the login and password listed above. At this account you can
access, track and receive any documents in response to your request.

Please log in to the [2]Rutgers University Open Public Records Center and
then "My Request Center" to update any contact or password information on
your account and to view your request.

The University Custodian of Records will contact you if there are
questions regarding your request or provide you a response. If you have
questions, you may contact the OPRA Administrator at 973.972.1887.
Thank you again for registering with the Rutgers University Open Public
Records Center.
 
 
This is an auto-generated email and has originated from an [3]GovQA
unmonitored email account. Please DO NOT REPLY. logo

References

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2. https://rutgers.mycusthelp.com/WEBAPP/_r...

Dear Kratovil:

Thank you for submitting your request for government records of Rutgers,
The State University of New Jersey. Your request has been received and is
being processed in accordance with the New Jersey Open Public Records Act
(OPRA), NJSA 47:1 et seq. Your request was received through the online,
public portal [1]Rutgers University Open Public Records Center of this
office on 12/13/2023 and given the reference number R008486-121323.  

Your request will be forwarded to the Office of the Custodian of
Records for review and processing, including determining the volume of
responsive documents and any potential costs associated with satisfying
your request. Please note, the N.J. Open Public Records Act does not
require the University to create new documents, to conduct research, or to
answer questions for information.

Records Requested: Under the immediate access provisions of the OPRA
please provide a copy of all contracts/agreements with DSD Renewables,
including but not limited to the one identified in this university
statement:
https://www.rutgers.edu/news/rutgers-lau...

The Office of the Custodian of Records uses the [2]Rutgers University Open
Public Records Center to communicate with you, respond to and track all
open public records requests.  If you have submitted your request
electronically through Rutgers Open Public Records Center portal, you have
already been required to create an account.

Notice to First Time Portal Users:

If you are a first time user and did not submit your request through the
public portal, you are receiving this request because the Rutgers Office
of the Custodian has created an account for you at the [3]Rutgers
University Open Public Records Center . 

To access your account and view your request:

1.Go to: [4]Rutgers University Open Public Records Center.

2. Select/open  "My Records Center"
3. Enter your email and password as provided in your previously received
Welcome Letter.

You can monitor your request through the [5]Rutgers University Open Public
Records Center at "My Request Center."

Thank you and if you have questions, you  may contact the OPRA
Administrator at (973) 972-1981.

Rutgers, The State University of New Jersey

University Custodian of Records

Office of Enterprise Risk Management, Ethics and Compliance

65 Bergen Street, Ste. 1346 

Newark, New Jersey 07101-1709

Phone: (973) 972-1981

Fax: (973) 972-2396

References

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2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...
4. https://u8387795.ct.sendgrid.net/ls/clic...
5. https://u8387795.ct.sendgrid.net/ls/clic...

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request, # R008486-121323

Dear Kratovil,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On December 13, 2023, this office received your request for the
following:

“Under the immediate access provisions of the OPRA please provide a copy
of all contracts/agreements with DSD Renewables, including but not limited
to the one identified in this university statement:
https://www.rutgers.edu/news/rutgers-lau...

The system reflects when an emailed OPRA response is manually entered into
the system if it was not submitted through Gov QA; I have noted that the
original submission date is 12/6/23 and will proceed according to your
original submission date.

If you have any questions or need additional information, please feel free
to contact my office at 973.972.1981.

Sincerely,

Mary Ann Keys

Rutgers, The State University of New Jersey

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R008486-121323

Dear Kratovil,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On December 13, 2023, this office received your request for the
following:

“Under the immediate access provisions of the OPRA please provide a copy
of all contracts/agreements with DSD Renewables, including but not limited
to the one identified in this university statement:
https://www.rutgers.edu/news/rutgers-lau...

The University has reviewed your request and requires an extension
until December 29, 2023

If you have any questions or concerns, please contact me at my office at
973.972.1981.

Sincerely,

Mary Ann Keys

Rutgers, The State University of New Jersey

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...

Hi Ms. Keys,
I'm writing to follow up again on my pending request made pursuant to the
immediate access provision of the OPRA, which I have cited and quoted for
you in previous correspondence.
[1]https://opramachine.com/request/solar_co...
I filed my request on December 6, and still have not received the
contract.  This is not acceptable.
I'll look forward to your response.  Please confirm when you've received
this message.
Sincerely,
Charlie Kratovil

References

Visible links
1. https://opramachine.com/request/solar_co...

Mr. Kratovil –

I am hoping to have the responsive documents for you tomorrow.  I
requested a timely extension and will have the documents prior to that
deadline.  Please keep in mind that we rely on many others inside the
University to attain the requested documents, and we cannot control
vacation schedules or holiday breaks.

Mary Ann Keys

Ethics Training Officer and OPRA Administrator

[1]University Ethics & Compliance

Rutgers, The State University of New Jersey

Office: 732-790-4396

R U Concerned?

[2]We R Listening

Report your concerns to the [3]Rutgers Helpline or call [4]1.833.RU.ETHIC

From: Charlie Kratovil <[email address]>
Sent: Thursday, December 21, 2023 3:24 PM
To: Mary Ann Keys <[email address]>
Cc: Casey Woods <[email address]>;
[OPRA #55875 email]
Subject: Follow up on request for DSD Renewables Contract(s)

Hi Ms. Keys,

I'm writing to follow up again on my pending request made pursuant to the
immediate access provision of the OPRA, which I have cited and quoted for
you in previous correspondence.

[5]https://opramachine.com/request/solar_co...

I filed my request on December 6, and still have not received the
contract.  This is not acceptable.

I'll look forward to your response.  Please confirm when you've received
this message.

Sincerely,

Charlie Kratovil

References

Visible links
1. https://uec.rutgers.edu/
2. https://helpline.rutgers.edu/
3. http://helpline.rutgers.edu/
4. http://helpline.rutgers.edu/
5. https://opramachine.com/request/solar_co...

Thank you for providing some insights into potential reasons for the
delay.  I hope you can also understand my perspective of frustration,
given that the request was for immediate access, which should ordinarily
be provided by Rutgers, but it's now been three weeks.  This is a contract
agreement that the university is touting publicly.  It should be available
to the public upon request.  I'll extend the timeline through tomorrow, in
the hopes we can resolve this request then.  Have a nice day.
Sincerely,
Charlie
On Thu, Dec 21, 2023 at 3:30 PM Mary Ann Keys <[1][email address]>
wrote:

Mr. Kratovil –

I am hoping to have the responsive documents for you tomorrow.  I
requested a timely extension and will have the documents prior to that
deadline.  Please keep in mind that we rely on many others inside the
University to attain the requested documents, and we cannot control
vacation schedules or holiday breaks.

Mary Ann Keys

Ethics Training Officer and OPRA Administrator

[2]University Ethics & Compliance

Rutgers, The State University of New Jersey

Office: 732-790-4396

R U Concerned?

[3]We R Listening

Report your concerns to the [4]Rutgers Helpline or call
[5]1.833.RU.ETHIC

From: Charlie Kratovil <[6][email address]>
Sent: Thursday, December 21, 2023 3:24 PM
To: Mary Ann Keys <[7][email address]>
Cc: Casey Woods <[8][email address]>;
[9][OPRA #55875 email]
Subject: Follow up on request for DSD Renewables Contract(s)

Hi Ms. Keys,

I'm writing to follow up again on my pending request made pursuant to
the immediate access provision of the OPRA, which I have cited and
quoted for you in previous correspondence.

[10]https://opramachine.com/request/solar_co...

I filed my request on December 6, and still have not received the
contract.  This is not acceptable.

I'll look forward to your response.  Please confirm when you've received
this message.

Sincerely,

Charlie Kratovil

References

Visible links
1. mailto:[email address]
2. https://uec.rutgers.edu/
3. https://helpline.rutgers.edu/
4. http://helpline.rutgers.edu/
5. http://helpline.rutgers.edu/
6. mailto:[email address]
7. mailto:[email address]
8. mailto:[email address]
9. mailto:[email address]
10. https://opramachine.com/request/solar_co...

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R008486-121323

Dear Kratovil,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On December 13, 2023, this office received your request for the
following:

“Under the immediate access provisions of the OPRA please provide a copy
of all contracts/agreements with DSD Renewables, including but not limited
to the one identified in this university statement:
https://www.rutgers.edu/news/rutgers-lau...

The University has reviewed your request and requires an extension until
January 5, 2024.

If you have any questions or concerns, please contact me at my office at
973.972.1981.

Sincerely,

Mary Ann Keys

Rutgers, The State University of New Jersey

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R008486-121323

Dear Kratovil,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On December 13, 2023, this office received your request for the
following:

“Under the immediate access provisions of the OPRA please provide a copy
of all contracts/agreements with DSD Renewables, including but not limited
to the one identified in this university statement:
https://www.rutgers.edu/news/rutgers-lau...

The University has reviewed your request and requires an extension
until January 12, 2024.

If you have any questions or concerns, please contact me at my office at
973.972.1981.

Sincerely,

Mary Ann Keys

Rutgers, The State University of New Jersey

To monitor the progress or update this request please log into the [1]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...

Attachments:
[1]Site_License_Busch_Livingston_01.10.23.1_Redacted.pdf
[2]Site_License_Camden_01.10.23.1_Redacted.pdf
[3]Site_License_College_Ave_01.10.23.1_Redacted.pdf
[4]Rutgers_-_DSD-_PPA_-_Amendment_1_EXECUTED__002__-_PRINT_Redacted.pdf
[5]Site_License_Cook_Douglass_Campus_01.10.23.1_Redacted.pdf
[6]Solar_PPA_amendment_2_Complete_with_DocuSign_Rutgers_-_DSD_-_PPA_-_PRINT_Redacted.pdf
[7]Site_License_Lot_83_Campus_01.10.23.1_Redacted.pdf
[8]Site_License_33_Knightsbridge_01.10.23.1_redacted.pdf
[9]Power_Purcchase_Agreement__Executed___P0151636xD5D5A__Redacted.pdf

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request, # R008486-121323

 Dear Kratovil,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On December 13, 2023, this office received your request for the
following:

“Under the immediate access provisions of the OPRA please provide a copy
of all contracts/agreements with DSD Renewables, including but not limited
to the one identified in this university statement:
https://www.rutgers.edu/news/rutgers-lau...

The University has reviewed your request. The responsive document(s) is
now available to you through the Rutgers University Open Records Center.
Please log in to the [10]Records Center and "My Records Center" to
retrieve the appropriate responsive document(s). The document(s) is also
attached to this email for your convenience. 

We have reviewed your request and have redacted some of the documents
because some of what you seek are advisory, consultative and deliberative.
OPRA specifically states that government records “shall not include
inter-agency or intra-agency advisory, consultative, or deliberative
material.” N.J.S.A. 47:1A-1.1. Courts have construed this exemption to
encompass the deliberative process privilege. See Ciesla v. N.J. Dept. of
Health & Senior Servs., 429 N.J. Super. 127, 137 (App. Div. 2012). That
privilege “‘permits the government to withhold documents that reflect
advisory opinions, recommendations, and deliberations comprising part of a
process by which governmental decisions and policies are
formulated.’” Education Law Center. v. New Jersey Dept. of Education, 198
N.J. 274, 285-86 (2009) (quoting In re Liquidation of Integrity Ins. Co.,
165 N.J. 75, 83 (2000)). Moreover, the deliberative process privilege is
absolute, as OPRA “contains no limitation or qualification on this
exemption.” Ciesla, 429 N.J. Super. at 143.  

Moreover, the Courts have consistently held that the advisory,
consultative and deliberative exemption in OPRA is equivalent to the
deliberative process privilege that exempts pre-decisional documents from
public disclosure. OPRA thus “shields from disclosure documents
‘deliberative in nature, containing opinions, recommendations, or advice
about agency policies,’ and ‘generated before the adoption of an agency’s
policy or decision.’” Bent v. Stafford Police Department, 381 N.J. Super.
30, 37 (App. Div. 2005)(quoting Gannet New Jersey Partners LP v. County of
Middlesex, 379 N.J. Super. 205, 219 (App. Div. 2005)).

OPRA specifically exempts from public access “trade secrets and
proprietary commercial or financial information obtained from any source.”
N.J.S.A. 47:1A-1.1. 

If your request has been denied, you may take your appeal to the New
Jersey Government Records Council (NJGRC), which has mediation and dispute
resolution procedures, or you may file a lawsuit with the New Jersey
Superior Court, as provided by N.J.S.A. 47:1A-1, et seq. Your rights of
appeal is provided with this letter at [11]Public Facing Pages of the
Rutgers University Open Public Records Request Center. You may also review
the brochure at the [12]Rutgers Custodian of Records page or visit the
[13]NJGRC page.

If you have any questions, or wish to discuss this further, you may
contact my office at 973.972.1887.

Sincerely,

Mary Ann Keys

Rutgers, The State University of New Jersey

 
To monitor the progress or update this request please log into
the [14]Open Public Records Center.

References

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