Specific Information Regarding OPRA
To: Bridgewater-Raritan Board of Education
Pursuant to the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.) and the common law right of access, I submit this request for public records. As per N.J.S.A. 47:1A-5(g), this email serves as a valid request without requiring an official form.
Requester Assurances:
• 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 records for a commercial purpose.
• I am not seeking records in connection with a legal proceeding.
Records Requested: I seek the following limited government records, limited to the period from June 1, 2024, to April 11, 2025, unless otherwise specified:
1. Any final reports, directives, or written decisions issued by the BRRSD superintendent or Board of Education authorizing or explaining the removal of Board of Education public meeting videos from the district’s YouTube channel or other public platforms.
2. Emails or written correspondence to or from the BRRSD superintendent’s official district email account (or accounts under their control) discussing the decision to remove Board of Education public meeting videos from the district’s YouTube channel or other public platforms, excluding any communications explicitly identified as attorney-client privileged.
3. Any BRRSD policies, guidelines, or written procedures, current as of April 11, 2025, governing the retention, removal, or public availability of Board of Education meeting videos on the district’s YouTube channel or other public platforms.
4. Any written communications (e.g., emails, memos) to or from the BRRSD superintendent, district counsel, or district administrative staff explicitly confirming whether Board of Education meeting videos are considered part of the “minutes” or official records under N.J.S.A. 10:4-14 of the Open Public Meetings Act, excluding any communications explicitly identified as attorney-client privileged or deliberative process materials.
Delivery and Format:
• I request that responsive records be provided electronically via email as PDF attachments.
• If any records are withheld, please provide a detailed explanation of the specific exemption(s) applied, including a Vaughn index or similar log identifying the withheld records and reasons for non-disclosure, as required by N.J.S.A. 47:1A-5(g).
• If the request is deemed overly broad or unclear, please contact me to discuss clarification before denying the request, per N.J.S.A. 47:1A-5(g).
• If redaction is necessary, please provide redacted versions of responsive records rather than withholding them entirely, per N.J.S.A. 47:1A-5(g).
Procedural Requests:
• Please confirm receipt of this request within one business day, as recommended by OPRA guidelines.
• If you are not the records custodian, please forward this request to the appropriate custodian and provide me with their name and email address for future reference.
• Please provide all non-exempt responsive records within seven business days, as required by N.J.S.A. 47:1A-5(i), or notify me if an extension is needed with an estimated completion date.
Response to Mr. Lomski (on behalf of the Mr. Superintendent):
I am disappointed by the denial of my April 8, 2025, OPRA request, which rested on weak legal grounds that do not withstand scrutiny. The claim that my request was overly broad ignores its clear focus on specific topics—video deletion and OPMA compliance—with named individuals and record types, meeting OPRA’s specificity standards (e.g., Paff v. Galloway Twp., 229 N.J. 340). Your assertion that “specific accounts” were required misstates N.J.S.A. 47:1A-5, as identifying roles like the superintendent suffices. Most troubling, your blanket exemptions for advisory or privileged records lacked any detailed justification, violating OPRA’s requirement for a specific basis for withholding (N.J.S.A. 47:1A-6). The enclosed revised request addresses every cited concern with precision—a defined date range, targeted records, and explicit exclusion of privileged materials—ensuring compliance with OPRA and rendering further denial unjustifiable. I expect full cooperation in providing these public records to uphold transparency as mandated by law.
Thank you for your attention to this matter. I look forward to your prompt response.
Sincerely,
Mr. Cyprian