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In The News
Will Donio expresses confidence in GRC decision Re: Evesham BOE v. ACLU
State GRC will have say in decision about e-mails
http://www.medfordcentralrecord.com/
Posted on Wed, Jan 2, 2008
By Rose Krebs
EVESHAM - A Superior Court Judge last month decided that a state agency should determine whether private e-mails from school board members should be released to the American Civil Liberties Union (ACLU) of New Jersey.
Superior Court Assignment Judge John A. Sweeney ruled Dec. 21 that the state Government Records Council (GRC) should settle the matter.
The ACLU-NJ is seeking access to e-mails from board members regarding the video, "That's a Family! A film for kids about family and diversity." On Aug. 30, the ACLU filed an Open Public Records Act (OPRA) request seeking access to public records, including e-mails to and from board members.
On Oct. 15, the board filed a legal action to have the Superior Court determine how to proceed in the matter. William Donio of Cooper Levenson of Atlantic City, the board's solicitor, contends that access to e-mails from board members' personal accounts is not included in "governmental records" classification under OPRA.
In correspondence with Donio, ACLU staff attorney Jeanne LoCicero, said the organization was seeking access to "business conducted on their (board members) personal accounts."
Further, LoCicero wrote in a letter dated Sept. 24, that the ACLU, would view failure to provide such as a denial of its OPRA requests and "seek legal recourse."
Sweeney ruled that the GRC is qualified to decide the issue.
The GRC was actually created under the Open Public Record Act (OPRA), and according its page on the state Web site, "is committed to being the facilitator of open government in New Jersey."
Among its tasks, the GRC "responds to inquiries and complaints about the law from the public and public agency records custodians" "issues public information about the law;" "maintains a toll-free help-line and Web site to assist the public and records custodians" and "delivers training on the law."
It also responds to denial of access complaints, such as the one filed by the ACLU.
Last week, Donio said the GRC will now be charged with deciding whether it was proper for the Evesham board to deny access to the e-mails.
Donio has said the district did grant access to about 1,700 documents, but that it determined that access to e-mails to and from private e-mail accounts was not warranted unless some official action was taken (it was forwarded to a district official or another board member).
LoCicero could not be reached for comment as of press time, but has commented on the matter previously.
In a Nov. 26 press release, LoCicero stated: "Evesham School District has no business hauling us into court over a public records request; they are attempting heavy-handed tactics to avoid accountability under the state's open public records laws."
The "That's a Family" video has been a controversial issue since late last year, when it was shown to some third graders at Van Zant School. The video, touted by its distributor Women's Educational Media as a film aimed at helping K-8 children "understand the different shapes families take today," depicts various types of families, including those headed by same-sex, biracial, single and divorced parents. On Aug. 30, the board voted to remove the video from curriculum, even though a special review committee set up by the district recommended that the video continue to be used, but that it be shown in the fourth grade instead.
Last week, Donio restated the board's legal contention that the e-mails from private board member accounts are not public record under OPRA.
"I'm confident before the GRC that.... we (the board) are right."
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