Superintendent Block Communications

The request was refused by Livingston Township.

Dear Livingston Township,

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:

Communications between Police Chief Gary Marshuetz and Superintendent Matthew Block between April 2023 and October 2023

E-mail accounts are [email address] and [email address]

Yours faithfully,

Jimmy Walnuts

Livingston Township

The Township of Livingston Clerk's Department is in receipt of your OPRA request. Pursuant to NJSA 47:1A-5(i), you shall receive a response in no more than seven (7) business days, with day one starting the day after the request has been received. (Holidays and Townhall closings do not count as business days).

OPRA@livingstonnj.org, Livingston Township

Mr. Jimmy Walnuts,
Please see the responses below for the OPRA and Common Law record request
received on July 2, 2024. Answers are in bold. You requested:
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:

Communications between Police Chief Gary Marshuetz and Superintendent
Matthew Block between April 2023 and October 2023

E-mail accounts
are [1][email address] and [2][email address].
Please be advised that a special service charge* will need to be assessed
in order to fulfill your request as the IT and Clerk’s Department have
spent over 15 hours in identifying and extracting the responsive emails,
as well as reviewing the records for redactions. The Clerk’s Department
has identified 174 pages of records and estimates that it will take 13
hours to make the redactions and create the corresponding Vaughn Index
citing the OPRA exemptions. The lowest paid hourly rate of the individual
capable of fulfilling this requirement is $28.46, and as it is estimated
to take another 13 hours, the special service charge is estimated to be
$369.98.

The Police Department has advised that their review of the records and
corresponding redactions will take approximately 8 hours and the lowest
paid hourly rate of the individual capable of fulfilling this requirement
is $37.92, for a special service charge of approximately $303.36.  

The estimated total of the special service charge is $673.34 ($369.98 +
$303.36).

Please notify our office by July 23, 2024 if you want the Clerk’s
Department to proceed with this request.  If we do not receive
notification on whether to proceed as is, with payment, or a revised
request from you within seven business days, July 23, 2024, this OPRA
request will be deemed closed.
 
*[OPRA allows public agencies to impose special service charges whenever
the nature, format, manner of collation, or volume of a government record
embodied in the form of printed matter to be inspected, examined, or
copied pursuant to this section is such that the record cannot be
reproduced by ordinary document copying equipment in ordinary business
size or when fulfilling a request requires an extraordinary expenditure of
time and effort. See N.J.S.A. 47:1A-5.c. Special service charges must be
based upon the actual direct cost of providing the copy or copies. OPRA
mandates that the requestor shall have the opportunity to review and
object to the charge prior to it being incurred. See N.J.S.A. 47:1A-5.c.]

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