Dear Middletown School District,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

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 government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

I am requesting copies of any and all text messages exchanged between Board Vice President Jacqueline Tobacco and Board Member Mark Soporowski on February 25, 2025.

Specifically, I am requesting:

Any text messages sent by Jacqueline Tobacco to Mark Soporowski on February 25, 2025, particularly those in which she referenced (during New/Old Board Business) asking if he had any questions on the meeting agenda.
Any replies from Mark Soporowski to Jacqueline Tobacco on the same date.
Any other text messages between the two individuals on that date related to board business.

To the extent that these records exist in electronic format, I request they be provided in their native format (e.g., screenshots, PDF copies, or another accessible format).

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,
BE

Dear Amy P Doherty,

I am writing in response to your request that I submit an OPRA request using the Middletown Township Board of Education’s (MTBOE) official form. Pursuant to N.J.S.A. 47:1A-5(f) and (g), requestors are not required to use an agency-specific OPRA form so long as their written request contains the necessary information required under the statute.

My original OPRA request, submitted through OPRAMachine, fully complies with N.J.S.A. 47:1A-5(f) and (g) because:

It was submitted in writing electronically, which is explicitly permitted by OPRA.
It clearly identifies the records requested, including specific communications between two named Board members on a specific date.
It provides sufficient detail for the custodian to identify and retrieve the records.
Additionally, N.J.S.A. 47:1A-5(f) states that requestors may submit OPRA requests anonymously, and such requests cannot be deemed incomplete solely due to a lack of identifying information. Your own OPRA form acknowledges this by stating:
"Requestors are not required to use this OPRA request form; however, a written equivalent not containing the form requirements of N.J.S.A. 47:1A-5(f) and N.J.S.A. 47:1A-5(g) may be denied by a custodian."

Since my request does meet the statutory requirements, there is no legal basis for requiring me to submit your form. Furthermore, I am aware that MTBOE has fulfilled other OPRA requests submitted via OPRAMachine without requiring this additional step, which raises concerns about selective enforcement.

I respectfully request that you process my OPRA request within the legally required seven business days as outlined in N.J.S.A. 47:1A-5(i). If there is any reason for delay or denial, please provide the specific statutory exemption you are relying upon.

Thank you for your attention to this matter. I look forward to your prompt response.

Yours sincerely,

Beckett Elford