the staff of the Ridgewood blog
Oakland NJ, the Ramapo Indian Hills Regional School District has been ordered to provide trustees’ personal email logs following a New Jersey appellate court ruling on an Open Public Records Act (OPRA) request. The request sought communications from November 1, 2022, through January 2023, leading up to the controversial January 5, 2023, reorganization meeting.
Court Declares Email Logs on Private Servers as Government Records
On January 27, 2024, Appellate Judge Thomas Sumners reversed a Superior Court decision, ruling that email logs on private servers related to board business qualify as government records under OPRA.
Sumners directed trustees to search their personal email accounts for the requested logs. The court will review submissions before deciding whether further fact-finding is necessary.
School Board Plans to Appeal Ruling
The district’s insurance attorney, Jonathan Cohen, announced plans to appeal the decision to the New Jersey Supreme Court. Cohen argued that email logs are not government records unless generated on a government server.
He also noted that the identity of the requestor, Alex Rosetti, remains unclear, suggesting he may be a public advocate or a stand-in for other interested parties.
Why Was the OPRA Request Filed?
Rosetti’s request stemmed from concerns over the board’s ability to vote on an extensive agenda during the January 5, 2023, reorganization meeting without significant discussion. The agenda included 12 walk-in motions, including rejections of two student disciplinary recommendations by the superintendent.
Rosetti suspected board members were discussing school business via personal emails outside of the district-controlled system.
Legal Battle Over Email Logs
Initially, the board provided logs from district servers but refused to release personal email logs. Rosetti filed a lawsuit, arguing that board members were forwarding district emails to personal accounts to avoid public disclosure.
The trial court ruled in favor of the school board, stating that while Rosetti had a right to access board-related emails, that did not extend to email logs from personal accounts.
However, the appellate court overturned this decision, ruling that email logs are government records if they relate to board business, even if stored on private servers.
Privacy Concerns and Legal Implications
New Superintendent Shauna DeMarco expressed concern that the ruling could force trustees to disclose personal emails, calling it a “significant intrusion into their privacy rights.”
She also pointed out that a recent amendment to OPRA may prohibit such email log requests moving forward, but it is unclear if this applies retroactively to Rosetti’s 2023 request.
Meanwhile, Thomas Lambe, the district’s former records custodian, defended the initial denial of Rosetti’s request, stating that releasing records prematurely could violate trustees’ privacy.
What’s Next?
The school board will now appeal the appellate ruling, potentially taking the case to the New Jersey Supreme Court. The outcome could set a statewide precedent on whether public officials must disclose personal email logs related to government business.
Stay tuned for updates on this high-profile OPRA case and its impact on government transparency laws in New Jersey.
Join the new Saddle River Valley, Ramapo and Pascack Valley Communities Facebook group
https://www.facebook.com/groups/1931704860512551/
#news #follow #media #trending #viral #newsupdate #currentaffairs #BergenCountyNews #NJBreakingNews #NJHeadlines #NJTopStories