Lodi By The Numbers: Desomma's CD fight:

Tuesday, December 15, 2015

Desomma's CD fight:

-------- Begin forwarded message --------
Subject: RE: Response to Email of 12/6/15 (Sunday @ 9:45 PM) - Received Monday, 12/7/15
Date: 12/15/15 04:44:28 PM
From: "ryan curioni" <rcurioni@optonline.net>
To: "Thomas DeSomma" <thomasd@lodihousing.org>

Mr. Desomma,

I have received quotes to copy a cassette or convert a cassette to a CD. It is clear that $46 is excessive and you are intentionally overcharging me. That is not in the spirit of the Open Public Records Act or consistent with the law itself.

I would hope that you reach out to another government agency to copy the audio for you instead of overpaying at the private business of your choice. What you refer to as the "actual cost" is in no way the actual cost. With your philosophy, you can charge me $500 for a CD if you have a friend that copies CDs. If you want me to find someone to provide the service for a lot less, I can provide you with phone numbers.

It is hard to believe that you don't have the equipment yourself. You are required to audio tape your meetings and provide a copy to the public when requested.

I have received CDs and cassettes from the State and the County in recent years. I paid dollars. Does the law only apply to them and not to you?

I still want the audio.

Ryan Curioni

On Tue, Dec 15, 2015 at 03:05 PM, Thomas DeSomma wrote:

Ryan Curioni:

The Open Public Records Act mandates that the actual costs be charged, which you were advised of in my previous email.

Please notify LHA as to whether or not you want to pay for the actual cost. In the event that we do not receive a written response from you, LHA will assume that you do not want to pay for the said cost, and as such, LHA will not process your request and deem that the same has been withdrawn. We await your written response.

Thank you.

Thomas DeSomma

Executive Director

Lodi Housing Authority

-------- Begin forwarded message --------
Subject: RE: OPRA REQUEST - AUDIO TAPE
Date: 12/06/15 09:44:46 AM
From: "ryan curioni" <rcurioni@optonline.net>
To: "Thomas DeSomma" <thomasd@lodihousing.org>

Mr. Desomma,

The price you estimate is excessive and is not in line with the Open Public Records Act. I would still like the CD but am unwilling to pay $45.95 plus tax. If you do not have the equipment to copy the audio of your public meetings, maybe you can have another HUD office do it for you.

From page 22 of the link below (Citizens guide to Open Public Records Act):

“Custodians must charge the actual cost to provide access to all other electronic materials such as CD-ROMs, DVDs, videotapes, audiotapes, etc. No specific calculation is required to determine the actual cost of these supplies. The actual cost is the specific fee the agency paid to purchase the materials. For example, if the GRC purchased a package of 100 CD-ROMs for $100 and provided records to a requestor on 1 CD-ROM, the actual cost of said CD-ROM is $1.00 ($100 ÷ 100 = $1.00).”

http://www.nj.gov/grc/public/docs/Citizen's%20Guide%20to%20OPRA%20%28July%202011%29.pdf

Ryan Curioni

On Fri, Dec 04, 2015 at 03:39 PM, Thomas DeSomma wrote:

Please refer to cost estimate (see below) pertaining to your OPRA Request for a copy of the cassette tape from the 11/19/15 meeting. If acceptable, please remit a deposit of $25.00, check or money order made payable to Lodi Housing Authority, and forward same to my attention at Lodi Housing Authority, 50 Brookside Avenue, Lodi, NJ 07644.

Upon receipt of the deposit, the order will be placed and balance will be due upon delivery of copy of tape. Additionally, you have the option of receiving your copy as a cassette or CD. Please advise preference.

However, as referenced before, should you decide to personally listen to audio tape, please contact Authority Counsel, Conrad M. Olear, Esq., at 201-445-9001 or via email (cmo@strasserlaw.com) to schedule a mutually convenient date and time.