Text Messages Regarding 2/25 BOE Meeting
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
Beckett:
Please submit your request using our OPRA form, which is attached.
Amy Doherty
On Wed, Feb 26, 2025 at 1:44 PM Beckett Elford
<[1][OPRA #72662 email]> wrote:
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
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Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[2][OPRA #72662 email]
Is [3][Middletown School District request email] the wrong address for OPRA requests to
Middletown School District? If so, please contact us using this form:
[4]https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[5]https://opramachine.com/help/officers
View this OPRA request & responses online:
[6]https://opramachine.com/request/text_mes...
Please note that in some cases publication of requests and responses
will be delayed.
If you find this service useful as an OPRA custodian, please ask your
web manager to link to us from your organisation's website.
"OPRAmachine’s mission is to give people easy and affordable access to
New Jersey public records.
For more information, contact us at: (732) 707-1628 or PO Box 3180,
New Brunswick, NJ 08903."
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This electronic communication, including any attachments, contains
information from the Middletown Township Public School District (MTPS)
that may be legally privileged, confidential, and exempt from disclosure
under applicable law. This communication also may include content that was
not originally generated by MTPS or which may be copyrighted. If you are
not the intended recipient, any use or dissemination of this communication
is strictly prohibited. If you have received this communication in error,
please notify the sender immediately and delete it from all computers on
which it may be stored. This message does not necessarily reflect the
position or policy of MTPS or its members. The individual who sent this
message is solely responsible for its content.
You are advised that email correspondence and attachments sent to or from
MTPS are obtainable by any person who files a request under the NJ Open
Public Records Act (OPRA) unless it is subject to a specific exception.
You should have no expectation that the content of emails sent to or from
school district email addresses will remain private
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[Middletown School District request email]
4. https://opramachine.com/change_request/n...
5. https://opramachine.com/help/officers
6. https://opramachine.com/request/text_mes...
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
Beckett Elford:
In response to your OPRA request dated 2/26/2025, I have attached the
responsive text messages. The redacted message is not responsive to the
scope of the request. The messages labeled "
This concludes my response to this request.
On Wed, Feb 26, 2025 at 2:53 PM Beckett Elford
<[1][OPRA #72662 email]> wrote:
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
-----Original Message-----
Beckett:
Please submit your request using our OPRA form, which is attached.
Amy Doherty
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[2][OPRA #72662 email]
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[3]https://opramachine.com/help/officers
View this OPRA request & responses online:
[4]https://opramachine.com/request/text_mes...
Please note that in some cases publication of requests and responses
will be delayed.
If you find this service useful as an OPRA custodian, please ask your
web manager to link to us from your organisation's website.
-------------------------------------------------------------------
This electronic communication, including any attachments, contains
information from the Middletown Township Public School District (MTPS)
that may be legally privileged, confidential, and exempt from disclosure
under applicable law. This communication also may include content that was
not originally generated by MTPS or which may be copyrighted. If you are
not the intended recipient, any use or dissemination of this communication
is strictly prohibited. If you have received this communication in error,
please notify the sender immediately and delete it from all computers on
which it may be stored. This message does not necessarily reflect the
position or policy of MTPS or its members. The individual who sent this
message is solely responsible for its content.
You are advised that email correspondence and attachments sent to or from
MTPS are obtainable by any person who files a request under the NJ Open
Public Records Act (OPRA) unless it is subject to a specific exception.
You should have no expectation that the content of emails sent to or from
school district email addresses will remain private
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://opramachine.com/help/officers
4. https://opramachine.com/request/text_mes...