Rutgers Fan Emails

Matt Brown filed this request with the Rutgers University of Newark, NJ.
Tracking #

R004636-102918

Est. Completion None
Status
Fix Required

From: Matt Brown


To Whom It May Concern:

Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:

1) Any and all email complaints from NON Rutgers email addresses (i.e Rutgers fans, boosters, etc) to athletic director Patrick Hobbs and/OR President Robert Barchi regarding Rutgers football and/OR Chris Ash between August 1st and October 18th, 2018

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,

Matt Brown

From:

Thanks for contacting Rutgers University Ethics and Compliance. If you wish to make an Open Public Records Act request, we advise you to visit our online public portal to ensure that your request is processed: http://records.rutgers.edu

To receive the most timely response to your records requests, please submit your requests online via: http://records.rutgers.edu<http://records.rutgers.edu/> on the Rutgers University Open Public Records Center<https://rutgers.mycusthelp.com/WEBAPP/_rs/(S(njwnh45uyp4windixmseo4rp))/supporthome.aspx> public portal. We will continue to process requests received via email, however for the quickest response, we advise you submit directly online.

You can find further information at http://uec.rutgers.edu<http://uec.rutgers.edu/>

Please note the University is closed from December 25, 2017, and reopens January 2, 2018.

For further information, please feel free to call or email the University OPRA Custodian directly: 973.972.1887 or email caseywoo@uec.rutgers.edu

Casey Woods
Interim OPRA Custodian
University Ethics & Compliance
NEW EMAIL: caseywoo@uec.rutgers.edu<mailto:caseywoo@uec.rutgers.edu>
973.972.1887

[RU_SHIELD_SIG_ST]

From: Rutgers University

Dear Brown:
Thank you for submitting your request for government records of Rutgers, The State University of New Jersey. Your request has been received and is being processed in accordance with the New Jersey Open Public Records Act (OPRA), NJSA 47:1 et seq. Your request was received through the online, public portal Rutgers University Open Public Records Center of this office on 10/29/2018 and (https://rutgers.mycusthelp.com/WEBAPP/_rs/SupportHome.aspx) given the reference number R004636-102918.

Your request will be forwarded to the Office of the Custodian of Records for review and processing, including determining the volume of responsive documents and any potential costs associated with satisfying your request. Please note, the N.J. Open Public Records Act does not require the University to create new documents, to conduct research, or to answer questions for information.

Records Requested: Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:1) Any and all email complaints from NON Rutgers email addresses (i.e Rutgers fans, boosters, etc) to athletic director Patrick Hobbs and/OR President Robert Barchi regarding Rutgers football and/OR Chris Ash between August 1st and October 18th, 2018The 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.
The Office of the Custodian of Records uses the Rutgers University Open Public Records Center to communicate with you, respond to and track all open public records requests.  If you have submitted your request electronically through Rutgers Open Public Records Center portal, you have already been required to create an account. (https://rutgers.mycusthelp.com/WEBAPP/_rs/SupportHome.aspx)

To access your account and view your request:

1.Go to: 2. Select/open  "My Records Center" Rutgers University Open Public Records Center. (https://rutgers.mycusthelp.com/WEBAPP/_rs/SupportHome.aspx) 3. Enter your email and password as provided in your previously received Welcome Letter.

You can monitor your request through the Rutgers University Open Public Records Center at "My Request Center." (https://rutgers.mycusthelp.com/WEBAPP/_rs/SupportHome.aspx)
Thank you and if you have questions, you  may contact the OPRA Administrator at (973) 972-1981.

Rutgers, The State University of New Jersey
University Custodian of Records
Office of Enterprise Risk Management, Ethics and Compliance
65 Bergen Street, Ste. 1346
Newark, New Jersey 07101-1709
Phone: (973) 972-1981
Fax: (973) 972-2396

From: Rutgers University

--- Please respond above this line ---
Reference: Rutgers Open Public Records Request, #R004636-102918

Dear Matt Brown,
Please accept this letter as the University Custodian of Records response to your request for records pursuant to the Open Public Records Act (“OPRA”). On October 29, 2018, this office received your request for the following:
“Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:
1) Any and all email complaints from NON Rutgers email addresses (i.e Rutgers fans, boosters, etc) to athletic director Patrick Hobbs and/OR President Robert Barchi regarding Rutgers football and/OR Chris Ash between August 1st and October 18th, 2018
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.”

This request is unclear. This letter seeks to clarify what documents you are seeking from the University.
In 2010, the GRC defined a proper request for emails: “[I]n order to specifically identify an email, OPRA requests must contain (1) the content and/or subject of the email, (2) the specific date or range of dates during which the email was transmitted or the emails were transmitted, and (3) a valid email request must identify the sender and/or recipient thereof.” Elcavage v. West Milford Twp., GRC Complaint No. 2009-07 (April 8, 2010). The GRC revisited the description of a proper request in 2013, stating “An OPRA request is thus only valid if the subject of the request can be readily identifiable based on the request. In the case of emails or documents stored on a computer, a simple keyword search may be sufficient to identify any records that may be responsive to a request. In both cases, emails and correspondence, a completed “subject” or “regarding” line may be sufficient to determine whether the record relates to the described subject. To reiterate, a valid OPRA request requires a search, not research. What a custodian is not required to do, however, is to actually read through numerous emails and correspondence to determine if same is responsive: in other words, conduct research.” Verry v. Borough of South Bound Brook (Somerset), GRC Complaint Nos. 2013-43 and 2013-53 (November 2013).
We are able to search individual employee email inbox records during the specified time period, but we are unable to determine whether the emails contain a complaint or were sent via a non-Rutgers email address without going through the responsive records one-by-one (i.e. conducting research to siphon potentially useful information). Please revise your request, and include a specific keyword or keywords, so that we may conduct a search for responsive records.
In order for our office to process the request, please provide a response to the above clarification. If we do not receive a clarification within seven (7) business days, we will consider this request withdrawn and closed.
You may contact the Office of the Custodian of Records through your account under "My Request Center" at the Rutgers Open Public Records Center, phone, or via the regular mail to: Rutgers, The State University of New Jersey, University OPRA Custodian, University Ethics and Compliance, 1 Worlds Fair Drive, Suite 3100, Somerset, NJ 08873. (https://rutgers.mycusthelp.com/WEBAPP/_rs/(S(ygjoh4sktblgvjwj5chcql1v))/CustomerHome.aspx?sSessionID=1302198236TFNTEXECBSRSLHAGQQXSUPBNPHLAHH)
If you have any questions, please contact my office at 973.972.1887.
Sincerely,
Casey Woods
OPRA Custodian
Office of Custodian of Records
Rutgers, The State University of New Jersey
973.972.1887

To monitor the progress or update this request please log into the Open Public Records Center. (https://rutgers.mycusthelp.com/WEBAPP/_rs/SupportHome.aspx?SessionID=[SESSION_ID])

From: Matt Brown

Hi, thank you for your response. Re: this note:

"We are able to search individual employee email inbox records during the specified time period, but we are unable to determine whether the emails contain a complaint or were sent via a non-Rutgers email address without going through the responsive records one-by-one (i.e. conducting research to siphon potentially useful information). Please revise your request, and include a specific keyword or keywords, so that we may conduct a search for responsive records."

1) We are requesting ALL emails from non-Rutgers email address, not just ones limited to complaints about the football program.

Keywords may include: "Chris Ash", "Rutgers Football", "Football". Those should be sufficient.

Thank you!

Matt Brown
740-817-1889

From: Rutgers University

Hello,

Unfortunately your email was not recognized and has not been routed accordingly.  Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Public Records Center. Description: TO: "Rutgers Open Public Records Center"[rutgers@mycusthelp.net]Rutgers UniversityOPRA Office65 Bergen St., Suite 1346Newark, NJ 07101-1709November 5, 2018This is a follow up to request number R004636-102918:Hi, thank you for your response. Re: this note:"We are able to search individual employee email inbox records during the specified time period, but we are unable to determine whether the emails contain a complaint or were sent via a non-Rutgers email address without going through the responsive records one-by-one (i.e. conducting research to siphon potentially useful information). Please revise your request, and include a specific keyword or keywords, so that we may conduct a search for responsive records."1) We are requesting ALL emails from non-Rutgers email address, not just ones limited to complaints about the football program. Keywords may include: "Chris Ash", "Rutgers Football", "Football". Those should be sufficient. Thank you!Matt Brown740-817-1889Filed via MuckRock.comE-mail (Preferred): 62863-02694163@requests.muckrock.comUpload documents directly: https://www.muckrock.com/accounts/agency_login/rutgers-university-15089/rutgers-fan-emails-62863/?uuid-login=71bee7ce-ec09-4aae-ac9e-4cb2f998dbfa&email=rutgers%40mycusthelp.net#agency-replyIs this email coming to the wrong contact? Something else wrong? Use the above link to let us know.For mailed responses, please address (see note):MuckRock NewsDEPT MR 62863411A Highland AveSomerville, MA 02144-2516PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.---On Oct. 29, 2018:

This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

From: Rutgers University

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request # R004636-102918
Dear Matt Brown,
Please accept this letter as the University Custodian of Records response to your request for records pursuant to the Open Public Records Act (“OPRA”). On October 29, 2018, this office received your request for the following:
“Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:
1) Any and all email complaints from NON Rutgers email addresses (i.e Rutgers fans, boosters, etc) to athletic director Patrick Hobbs and/OR President Robert Barchi regarding Rutgers football and/OR Chris Ash between August 1st and October 18th, 2018
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.”

Upon receiving your request, the undersigned sent you an email seeking clarification of your request. In that email, included with this letter, we sought the following clarifications in order to process your request:
"This request is unclear. This letter seeks to clarify what documents you are seeking from the University.
In 2010, the GRC defined a proper request for emails: “[I]n order to specifically identify an email, OPRA requests must contain (1) the content and/or subject of the email, (2) the specific date or range of dates during which the email was transmitted or the emails were transmitted, and (3) a valid email request must identify the sender and/or recipient thereof.”
Elcavage v. West Milford Twp., GRC Complaint No. 2009-07 (April 8, 2010). The GRC revisited the description of a proper request in 2013, stating “An OPRA request is thus only valid if the subject of the request can be readily identifiable based on the request. In the case of emails or documents stored on a computer, a simple keyword search may be sufficient to identify any records that may be responsive to a request. In both cases, emails and correspondence, a completed “subject” or “regarding” line may be sufficient to determine whether the record relates to the described subject. To reiterate, a valid OPRA request requires a search, not research. What a custodian is not required to do, however, is to actually read through numerous emails and correspondence to determine if same is responsive: in other words, conduct research.” Verry v. Borough of South Bound Brook (Somerset), GRC Complaint Nos. 2013-43 and 2013-53 (November 2013).
We are able to search individual employee email inbox records during the specified time period, but we are unable to determine whether the emails contain a complaint or were sent via a non-Rutgers email address without going through the responsive records one-by-one (i.e. conducting research to siphon potentially useful information). Please revise your request, and include a specific keyword or keywords, so that we may conduct a search for responsive records."

As of this writing, you have failed to provide the requested clarification. Therefore, at this time we are withdrawing your request and considering it closed. Should you wish to resubmit your revised request please do so by contacting the Office of the Custodian of Records through the Rutgers Open Public Records Center website, or via the regular mail to: Rutgers, The State University of New Jersey, University OPRA Custodian, University Ethics and Compliance, 1 Worlds Fair Dr., Suite 3100, Somerset, NJ, 08873.
If you have any questions, please contact my office at 973.972.1887.
Sincerely,
Casey Woods
OPRA Custodian
Office of Custodian of Records
Rutgers, The State University of New Jersey
973.972.1887

To monitor the progress or update this request please log into the Open Public Records Center. (https://rutgers.mycusthelp.com/WEBAPP/_rs/SupportHome.aspx?SessionID=[SESSION_ID])