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”.) On
April 26, 2021, I received an OPRA request from you dated April 25, 2021
which sought the following records:

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 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.

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