Mr. Dalnoky,

As you are aware, I am the Business Administrator for the Pinelands
Regional Board of Education (the “Board”), which conducts and supervises
the schools of the Pinelands Regional School District (the “District”.) I
am in receipt of your May 6, 2021 OPRA request, which was not received by
me until May 10, 2021 as I was out of the office. Your request sought the
following:

Any document regarding your students' surreptitious audio and videotaping
of me during school year 2019-2020.

On May 9, 2021, you sent a second request which was also received on May
10, 2021, which sought the following:

The meta data only, and not the actual videotapes, made of me
surreptitiously by your students during my teaching duties at your high
school. This information, inter alia, will allow me to know when you
received the videotapes, and thus your knowledge of the students' actions
and when you knew it.

On May 4, 2021, I wrote to you regarding your April 25, 2021 OPRA request,
which sought the following:

With regard to the surreptitious audio and videotapes your students made
of me in the school year 2019-2020, all of the meta data in your
possession.

This is your third request for the same records. Previously, I responded
to your September 17, 2020 request on October 23, 2020. Additionally, on 
June 15, 2020, I provided you with a response to your April 6, 2020 OPRA
request. 

As previously noted in all prior communications, in this instance you are
seeking three audio/video recordings made by students in a high school
class, which show you. These, nor their meta data, would not be public
records subject to OPRA. Furthermore, the New Jersey Supreme Court has
recognized that “the common-law right of access to public records is not
absolute, [rather] one seeking access to such records must ‘establish that
the balance of its interest in disclosure against the public interest in
maintaining confidentiality weighs in favor of disclosure.’” Keddie v.
Rutgers, 148 N.J. 36, 50 (1997), quoting Home News v. State Dep’t of
Health, 144 N.J. 446, 454 (1996). You have failed to articulate a need for
these documents accordingly. I  must also deny access to any such records
under the common-law right of access.

However, as previously stated in all of my previous communications, I’d be
happy to schedule a time for you to come in and view the videos after
signing an appropriate privacy disclosure form, since you are the subject
of the video.

Thank you,

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