Thursday, November 26, 2015

For years, Capizzi has refused to provide agendas for meetings even after being requested through OPRA.



August 2014



From: "ryan curioni" <rcurioni@optonline.net>
Date: 08/29/14 06:05 AM
"Marc Capizzi" <marc.capizzi@lodi.k12.nj.us>

Dear Mr. Capizzi,

I am sorry to bother you again.  But an OPRA request is a completely separate issue from the use of your current agenda format.  As long as a record exists and it is not exempt under OPRA, it should be released when requested.  The agenda used by Board members should be released to the public if requested through OPRA.  This requested information has to exist because Board members have to know who they are hiring or what Resolutions they approving prior to a meeting.

Here are a list of exceptions:

http://www.nj.gov/grc/pdf/OPRAExemptions.pdf

Sorry for any inconvenience.  Have a good Labor Day.

Ryan Curioni


On Wed, Aug 27, 2014 at 12:04 PM, Marc Capizzi wrote:



Ryan, thank you for your response below and I reviewed the agenda you
provided from the Woodridge Board of Education.  The Board's Attorney and
the Department of Education have provided opinions that the current agenda
format being used by the Lodi Board of Education is in compliance with the
Open Public Meetings Act and NJ Statutes.  However, in the interest of
providing the public with more clarity as to the actions being taken at the
Board's meetings, I will be asking the Board to consider adding some
additional information to our agenda in the future.  As you know, any
actions taken at the Board's Special Meeting last night will be available on
our website once the minutes have been approved by the Board.


Regards,

Marc A. Capizzi
Board Secretary/Business Administrator
Lodi Board of Education
8 Hunter Street
P.O. Box 815
Lodi, NJ 07675
973-778-4920 (w)
973-778-1175 (f)
marc.capizzi@lodi.k12.nj.us


-----Original Message-----
From: ryan curioni [mailto:rcurioni@optonline.net]
Sent: Tuesday, August 26, 2014 5:31 PM
To: Marc Capizzi
Subject: RE: OPRA request

Thank you very much for such a fast response.  Other towns provide an agenda
that looks more like this:


http://wood-ridge.schoolwires.net/cms/lib6/NJ01001835/Centricity/Domain/25/8-20-14%20BOE%20Public%20Session%20Revised.pdf

The Board of Education members  are provided a copy of what they are voting
on prior to a meeting.  That includes what Resolutions they are voting on
and the names of the individuals they are hiring.  The public has the right
to same information before and during a public meeting.

I already saw the attached document.  That was listed in a public notice. I
would appreciate it if you can email me a copy of the actual agenda for
tonight's meeting.  Thank you.

Ryan Curioni


June 2015



On Mon, Jun 29, 2015 at 12:28 PM, Marc Capizzi wrote:



Ryan,

Attached are the documents you requested.  I was surprised that your email
below claims that your OPRA request was denied.  Today represents the third
business day since the documents you requested were available to the public.
This is within the allowable time window for responding to an OPRA Request.
My intent was to provide the information early this week.  Please let me
know if I can be of further assistance.



Regards,

Marc A. Capizzi
Board Secretary/Business Administrator
Lodi Board of Education
8 Hunter Street
P.O. Box 815
Lodi, NJ 07675
973-778-4920 (w)
973-778-1175 (f)
marc.capizzi@lodi.k12.nj.us


-----Original Message-----
From: ryan curioni [mailto:rcurioni@optonline.net]
Sent: Friday, June 26, 2015 10:19 PM
To: marc capizz
Subject: RE: FW: OPRA request

Dear Mr. Capizzi,

You are required by law to indicate the specific reason why you denied my
request for the  agenda of Wednesday's public meeting.

"If the custodian is unable to comply with a request for access, the
custodian must indicate the specific  reason  for  denying  access  on the
request  form  and promptly  return  a  copy  to  the requestor. N.J.S.A.
47:1A-5.g. The form must be signed and dated by the custodian, as it may
serve as the basis for an appeal by the requestor to Superior Court or the
Government Records
Council.   A custodian’s response may be provided in another written
format other than on the
OPRA request form."

Thank you.

Ryan

From: "ryan curioni" <rcurioni@optonline.net>
Date: 06/10/15 06:15 PM
"marc capizz" <marc.capizzi@lodi.k12.nj.us>

Dear Mr. Capizzi,

I am aware that the agenda is not yet available.  I submitted the OPRA request two weeks in advance so the public will have an opportunity to view the agenda prior to the meeting, not after.  Unlike other districts, Lodi does not post their agenda on-line prior to meetings or even at the meetings.  This is  why I am submitting an OPRA request for the agenda.

In a Record article titled:  "Judge rules against Midland Park school board in attachments lawsuit", the first line reads: "A Superior Court judge has ruled that the K-12 Board of Education must make attachments to its agendas available to the public prior to meetings."

Another paragraph reads:  "These attachments are already produced in electronic form for the board members and are necessary for the public to understand the agenda," Doyne's opinion states. "The public cannot be 'overloaded' with information concerning the workings of their governmental and municipal entities."

I am only requesting what  Superior Court Judge Peter Doyne already decided.

Here is a link to the article: 

http://www.northjersey.com/news/judge-rules-against-midland-park-school-board-in-attachments-lawsuit-1.714573

Ryan


On Wed, Jun 10, 2015 at 02:35 PM, Marc Capizzi wrote:



Mr. Curioni, as you have indicated in the attached OPRA Request dated
June 9, 2015, the documents you have requested are not currently
available.
Therefore, your request will be reviewed once the documents become
available to the public beginning Thursday June 25, 2015.  In
accordance with a recommendation received from the Lodi Board of
Education's Attorney, the documents are exempt from disclosure prior
to the meeting since they are considered "pre-decisional advisory
materials".  They will become public after the Board has taken action,
at which time all non-exempt documents can be provided.


Regards,

Marc A. Capizzi
Board Secretary/Business Administrator Lodi Board of Education
8 Hunter Street
P.O. Box 815
Lodi, NJ 07675
973-778-4920 (w)
973-778-1175 (f)
marc.capizzi@lodi.k12.nj.us


-----Original Message-----
From: ryan curioni [mailto:rcurioni@optonline.net]
Sent: Tuesday, June 09, 2015 8:58 PM
To: marc capizz
Subject: OPRA request

Dear Mr. Capizzi,

Attached is my OPRA request.

Thank you.

Ryan Curioni