Paff further stated, "while conceding (Township of Galloway) that it previously produced e-mail logs and still has the capability of doing so, Galloway, citing Logue v. Borough of Fieldsboro, GRC Case No. 2008-223, argued that producing a log would require it to create a new record that does not already exist. Attorney Walter Luers and I argued that since the Township's e-mails are digitally stored on a computer, any report that can be queried from the e-mail system is a public record available under OPRA."
"Atlantic County Judge Nelson C. Johnson was clearly intrigued by the issue and asked both parties to submit additional briefs. He is expected to rule on the matter before the end of the year" Paff said.
ORIGINAL STORY:
A Lawsuit has been filed against Galloway Township and Township Clerk Thalia C. Kay in her official capacity as Municipal Clerk and Records Custodian of Galloway Township. The lawsuit was filed by Walter M. Luers, Esq., on behalf of John Paff. Paff is the chairman of the New Jersey Libertarian Party's Open Government Advocacy Project.
The lawsuit filed in Atlantic County Superior Court on August 19, 2013, alleges the Township refused to provide Paff with "copies of emails logs that they are capable of producing and have produced in the past."
According to the complaint, on June 28, 2013, Paff submitted an Open Public Records Request seeking an email log "that shows e-mails sent by the Township Clerk between June 3, 2013 and June 17, 2013" and "that shows e-mails sent by the Township Police Chief between June 3, 2013 and June 17, 2013." Paff also submitted a copy of an e-mail log previously released by the Township in a previous OPRA Request, showing the documents clearly exist.
On July 8, 2013, Kay denied access to the requested records, stating that "IT is unable to provide logs on email communication." The complaint alleges, "on prior occasions and in response to prior OPRA Requests, Defendants have provided similar e-mail logs and, on information and belief, Defendants continue to be able to provide such logs."
According to a Letter Brief submitted to the Court by Luers, the defendant flatly disputes that e-mails logs are not able to be provided. "In the event that the Defendants claim that they lack the capability to create email logs, we request a plenary hearing on that issue and an opportunity to subpoena and present the testimony of the employee or employees of Galloway Township who previously created the email logs that were provided to the public as well as testimony of the Township Clerk."
Paff is requesting the Court to order Defendants to release the email logs as requested along with awarding Plaintiff costs and reasonable attorneys' fees; and for such other or further relief as the Court deems just and equitable.
After reviewing the complaint, GallowayTwpNews.com Publisher has been a member of the public that has received email logs in response to several OPRA Requests we have filed under this website as well as private citizen and employee of the Township in 2011.
GallowayTwpNews.com has also OPRA'd emails from the email logs provided by the Township Clerk as requested by the Township. GallowayTwpNews.com has provided copies of the OPRA Requests from Township Clerk TC Kay to John Paff, showing the Township previously providing those email logs in response to our OPRA Requests.
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| Screen Shot of Email Logs Produced by the Township and Released to GTN |
We have provided a copy of the complaint filed by John Paff as well as an email sent to GallowayTwpNews.com by Township Clerk TC Kay fulfilling an OPRA request for email logs to this Publisher in January 2013. Township Manager, Township Solicitor and the Deputy Clerk were all copied on the email with the fulfillment of that request.
A request for comment was submitted to Township Clerk TC Kay, Township Manager Arch Liston and Township Solicitor Michael Fitzgerald. GallowayTwpNews.com did not receive a response.
A request for comment was also sent to John Paff. Paff stated he had "no particular comment" regarding the complaint.
