Cancellation of pro-Palestinian walkout
It is a clone of this request.
| Submitted | May 4, 2024 |
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Communications
From: Adam Steinbaugh
To Whom It May Concern:
Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:
1. Any communications to or from Superintendent Cloutier concerning the walkout at Eastern High School referenced in the April 22, 2024 letter from Camden County Commissioners Jeff Nash and Melinda Kane.
2. Any records reflecting notes, observations, minutes, or recordings of the Wednesday, April 24, 2024, meeting “with the principal and vice principals” referenced by Superintendent Cloutier’s statement.
3. Any communications to or from the principal or vice principals referenced by Superintendent Cloutier’s statement which concern the walkout, any public or private response to the planned walkout, or the walkout’s cancellation.
Please note that this request seeks public records wherever they may be found, including on devices or networks owned or operated by private parties. For example, if an employee uses a personal cell phone or social media account to conduct public business, records created, maintained, or held on the phone or account are public records subject to this request.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.
Sincerely,
Adam Steinbaugh
From: Eastern Camden County Regional School District
May 13, 2024
VIA ELECTRONIC MAIL
Adam Steinbaugh
MuckRock News
263 Huntington Ave,
Boston, MA 02115
RE: May 6, 2024, Open Public Records Act (“OPRA”) Request (the “Request”)
Dear Mr. Steinbaugh,
This letter is in response to the above-referenced request under the New Jersey Open and Public Records Act (“OPRA”) which you sent via electronic mail on May 6, 2024, and was received by Eastern Camden County Regional School District (“Board”) on May 6, 2024. The initial seven (7) business day deadline to respond to your OPRA request is May 15, 2024. This response is being provided to you timely.
OPRA defines a “government record” of a public entity as “any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of its official business …”. N.J.S.A. 47:1A-1.1. Accordingly, the Board is required to produce only those records which it maintains in the official course of business. Pursuant to the definition of a government record, a public entity is not required by OPRA to research information and/or create records that do not exist in response to OPRA requests. See e.g., Mag Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super 537 (App. Div. March 2005).
Your requests and the Board’s responses to the same are as follows:
REQUEST #1: Any communication to or from Superintendent Cloutier concerning the walkout at Eastern High School referenced in the April 22, 2024, letter from Camden County Commissioners Jeff Nash and Melinda Kane.
RESPONSE: The Board objects to this Request in that it is overly broad and vague, does not identify the particular government record(s) being requested, and instead appears to be a general inquiry for information.
In that regard OPRA requires that a request for public records identify, with reasonable clarity, the records that are being sought. If a request does not name specifically identifiable records, or is overly broad, a custodian may deny access. See Mag Entertainment LLC v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534 (App.Div.2005).
Moreover, a records custodian is not required under OPRA to conduct research to discover which records are relevant or responsive to an overly broad request. Id. at 546. This Request appears to be “a broad-based demand for research and analysis” which the Court has found to be “decidedly outside the statutory ambit” of OPRA. Id.
The Board also objects to the use of the word “any” in your request since it is well established that under OPRA a request for “any” or “any and all” documents and records is unclear, overly broad, and burdensome. See New Jersey Builder’s Ass’n v. N.J. Council on Affordable Housing, 390 N.J.Super. 166 (App.Div. 2007).
REQUEST #2: Any records reflecting notes, observations, minutes, or recordings of the Wednesday, April 24, 2024, meeting “with the principal and vice principals” referenced by Superintendent Cloutier’s statement.
RESPONSE: The Board objects to this Request in that it is overly broad and vague, does not identify the particular government record(s) being requested, and instead appears to be a general inquiry for information.
In that regard OPRA requires that a request for public records identify, with reasonable clarity, the records that are being sought. If a request does not name specifically identifiable records, or is overly broad, a custodian may deny access. See Mag Entertainment LLC v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534 (App.Div.2005).
Moreover, a records custodian is not required under OPRA to conduct research to discover which records are relevant or responsive to an overly broad request. Id. at 546. This Request appears to be “a broad-based demand for research and analysis” which the Court has found to be “decidedly outside the statutory ambit” of OPRA. Id.
The Board also objects to the use of the word “any” in your request since it is well established that under OPRA a request for “any” or “any and all” documents and records is unclear, overly broad, and burdensome. See New Jersey Builder’s Ass’n v. N.J. Council on Affordable Housing, 390 N.J.Super. 166 (App.Div. 2007).
REQUEST #3: Any communications to or from the principal or vice principals referenced by Superintendent Cloutier’s statement which concern the walkout, any public or private response to the planned walkout, or the walkout’s cancellation.
RESPONSE: The Board objects to this Request in that it is overly broad and vague, does not identify the particular government record(s) being requested, and instead appears to be a general inquiry for information.
In that regard OPRA requires that a request for public records identify, with reasonable clarity, the records that are being sought. If a request does not name specifically identifiable records, or is overly broad, a custodian may deny access. See Mag Entertainment LLC v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534 (App.Div.2005).
Moreover, a records custodian is not required under OPRA to conduct research to discover which records are relevant or responsive to an overly broad request. Id. at 546. This Request appears to be “a broad-based demand for research and analysis” which the Court has found to be “decidedly outside the statutory ambit” of OPRA. Id.
The Board also objects to the use of the word “any” in your request since it is well established that under OPRA a request for “any” or “any and all” documents and records is unclear, overly broad, and burdensome. See New Jersey Builder’s Ass’n v. N.J. Council on Affordable Housing, 390 N.J.Super. 166 (App.Div. 2007).
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 District 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, or by e-mail at grc@dca.state.nj.us, or at their website at 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.
Sincerely,
KENNETH VERRILL
Business Administrator/Records Custodian
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