Dear Justice Fighter

You have requested access to all “Text messages between Laura Wingler, BOE
Member, and Gayle Mount, BOE Member, pertaining to John Berenato or
"superintendent".” Please be advised that this request is denied as
overbroad. Specifically, this request is invalid because it fails to
identify with reasonable clarity the specific government records sought. 
See Murphy v. N.J. Dept. of Corrections, GRC Complaint No. 2015-340. The
request may not be a description of information that requires the
custodian to search the agency’s files and “analyze, compile and collate”
the requested information. Id. See also MAG Entm’t, LLC v. Div. of
Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App. Div. 2005).
Moreover, the law is clear that “OPRA does not countenance open-ended
searches of an agency’s files.”  MAG Entertainment, LLC v. Div. of ABC,
375 N.J. Super. 534, 549 (App. Div. 2005).

Indeed it is well settled when communications are sought, the requestor
must identify  (1) what records you are requesting; (2) who the parties
are;  (3) the subject of the emails/correspondence requested; and (4) the
date.. See  Moore v. Twp. of Old Bridge, GRC Complaint No. 2005-80 (August
2005); Liebel v. Manalapan Englishtown Reg’l Bd. of Educ., GRC Complaint
No. 2004-51 (September 2004)). See also Herron v. N.J. Dep’t of Educ.,
GRC; Complaint No. 2011-364 (December 2012); Carter v. Franklin Fire Dist.
No. 1 (Somerset), GRC Complaint No. 2011-100 (Interim Order dated June 26,
2012). This was not done, and as a result your request is denied as
overbroad.

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Manchester Township Board of
Education to deny access. At your option, you may either institute a
proceeding in the Superior Court of New Jersey or file a complaint with
the Government Records Council (GRC) by completing the Denial of Access
Complaint Form. You may contact the GRC by toll-free telephone at
866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail
at [1][email address], or at their web site at [2]www.state.nj.us/grc.
The GRC can also answer other questions about the law. All questions
regarding complaints filed in Superior Court should be directed to the
Court Clerk in your County.

Respectfully,
On Tue, Nov 7, 2023 at 8:23 PM Justice Fighter
<[3][OPRA #55088 email]> wrote:

Dear Manchester Township School District,

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:

Text messages between Laura Wingler, BOE Member, and Gayle Mount, BOE
Member, pertaining to John Berenato or "superintendent".

Yours faithfully,
Justice Fighter

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