Here - The Union County Watchdog Association

ATTACHMENT 1
EXHIBITS:
Exhibit 1:
Union County Watchdog Association December 31, 2007 OPRA Request
Exhibit 2:
Union County's January 10, 2008 OPRA Response
Exhibit 3:
Correspondence from Walter M. Luers, Esq. to Union County dated
January 17, 2008.
Exhibit 4:
Correspondence from Office of the County Counsel to WTalter M. Luers, Esq.
dated January 30,2008.
Exhibit 5:
Rock on! Walkathon Registration Forms
Exhibit 6:
LoveHopeStrength website listing Union County as a donor.
Exhibit 7:
May 24, 2007 blog posting by Union County Manager George Devanney
Exhibit 8:
Undated solicitation letter from Union County Manager George W. Devanney to
"All County Employees"
CLAIMS:
This complaint is being filed because Union County ("Union") has refused to
produce documents responsive to the Union County Watchdogs Association's ("UCWA")
December 31, 2007 request. Here, UCWA has been acting through its president, Tina Renna.
The documents requested relate to Union's use of public resources to support a private, nonprofit organization called the "LoveHopeStrength Foundation." Rather than internally identify
the individuals within the County that should have responsive documents, Union denied the
entire request because a document might be located anywhere. Essentially, Union has set up a
straw person: since Union is so big, and the documents requested could be located anywhere, we
would have to search everywhere for them. Union is using its size as a barrier to access.
Such barriers are illegal. Rather than make some effort to identify the employees
who should have responsive documents, such as the County Manager who is intimately involved
with LoveHopeStrength Foundation, Union simply throws up its hands in frustration. Here, we
present the GRC with evidence that Union has strong ties to the LoveHopeStrength Foundation,
and we show where the requested documents should be located.
The first section of this attachment discusses the December 31, 2007 request. The
second section discusses Union County's responses to UCWA's requests. The third section
discusses the evidence showing Union's involvement and relationship with the
LoveHopeStrength Foundation, suggesting that the information requested by UCWA exists.
UCWA's December 31, 2007 OPRA Request requesting the following
documents:
1,
The entire file or files regarding "[T]he 2007 'Musicfest
Walk/Rock on! Walkathon'.
2.
The file or files of the employees "who were in charge of
coordinating the 'Musicfest Walk/Rock on! Walkathon.1
4.
All emails between Union County employees that contain
any of the following words: "Walkathon", "Musicfest", or "Love
Hope Strength" between January 1, 2007 to December 31, 2007.
5.
Any agreement memorandum, or report that mentions
"Love Hope Strength Foundation."
6.
Any record that shows money given to the "Love Hope
Strength Foundation."
These requests have been stonewalled. On January 10,2008, Union responded to
UCWA's OPRA request by denying all of UCWA's requests. (Attached as Exhibit 2).
Request 1 for the "entire file" for the Walkathon was denied because Union
claimed it was "vague, overbroad and unclear, as it fails to specifically identify a government
record within the meaning of OPRA" and because it "lacks any time frame." Request 2 for the
"files" maintained by Union County employees in charge of coordinating the Walkathon was
denied, also because it "failfed] to identify a government record." Request 4 for all emails
containing the words "Walkathon," "Musicfest." or "Love Hope Strength" dated between
January 1, 2007 and December 31, 2007 was denied on the grounds that it was "overbroad and
unclear," and would be "over [sic] burdensome and substantially disrupt agency operations."
Request 5 for "any agreement, memorandum, or report that mentions 'Love Hope Strength
Foundation'" was denied because it was "overbroad, unclear and vague" and would
"substantially disrupt agency operations" and lacked a time frame. Request 6 was denied
because it was "overbroad, unclear and vague," would disrupt agency operations, and lacks a
time frame.
On January 17, 2008, in an attempt to resolve these issues without resort to
litigation, we wrote a letter to Nicole L. DiRado, the Clerk of the Union County Board of
Freeholders. (A copy of this letter is attached as Exhibit 3). In that letter, we suggested that (1)
Union County identify the employees who had responsibilities relating to the 2007 Musicfest
Walk/Rock on! Wralkathon and determine whether those employees maintained files on the
Musicfest; (2) Union County violated OPRA by claiming UCWA's requests would substantially
disrupt agency operations without attempting to reach a reasonable solution that accommodates
both the agency and the requestor; (3) regarding emails, the County identify the relevant
Reqnest numbered 3, while not strictly an OPRA request, was made to assist both the Complainant and
Union in identifying employees who may have responsive documents.
employees and search their emails; and (4) regarding money given by Union to
LoveHopeStrength Foundation, search check ledgers, receipts ledgers or similar records.
On January 30, 2008, through its Office of the County Counsel, Union responded.
A copy of that letter is attached as Exhibit 4. In that letter, Union rehashed its denials and made
no effort to reach a reasonable accommodation. Union claimed the OPRA request asked Union
to conduct research rather than request specific documents. Union also claimed, without citing
any specific authority, that requests for "entire files" are illegal In an implicit admission of
wrongdoing. Union tried to doubletalk its way out of refusing to accommodate UCWA's
requests by claiming that "NJ.S.A. 47:lA-5(g) was not the basis of denial," when the original
email from the Custodian cited NJ.S.A. 47:1 A-5(g) and stated that the requests for documents
would "substantially disrupt agency operations" three times.2
Union's response is also noteworthy for what it does not say. Union does not
claim the documents requested do not exist. Nor does Union claim that it cannot internally
identify the employees involved in the Walkathon.3 And Union does not claim that UCWA's
requests, as narrowed in the January 17, 2008 correspondence, were overbroad or would
substantially disrupt agency operations.
While Union claims UCWA's requests are overbroad and would substantially
disrupt agency operations, the connections between the LoveHopeStrength Foundation have
been well-documented, and the requested documents should have been identified and retrieved
with relative ease.
To register for the 2007 "Rock on! Walkathon", which took place on September
15, 2007, individuals filled out a form posted on Union's website. (Exh. 5). The registration
document identified Freeholder Chairwoman Bette Jane Kowalski as one of the Co-Chairs of
MusicFest '07. Completed registration forms were mailed to "U.C. Love Hope Strength c/o
County Freeholders office [sic], Elizabethtown Plaza, Elizabeth, NJ 07207," (Exh. 5). Union
County itself is listed as a donor on the LoveHopeStrength website. (Exh. 6),
The County Manager for Union, George Devanney, is deeply involved with
LoveHopeStrength Foundation, the MusicFest, and the Rock on! Walkathon." In a "blog"
posted by Mr. Devanney, he admits that "[ojver a couple of beers in Wales; we put together a
structure to make Musicfest '07 a pilot music festival in which [LoveHopeStrength Foundation]
would be a part[,j" work which continued after he returned from Wales. (Exh, 7). Later in that
blog, he states that "I had always believed in the partnership between Musicfest and LHSF." In
addition, a document previously produced by Union shows that Union received approximately
370 registrations for the Walkathon.
This claim by Counsel that NJ.S.A. 47:lA-5(g) was not the "basis of denial" - when it obviously was - is
why we have asked that a penalty be assessed against Union County Counsel as well.
Here, Union appears to be purposefully conflating two important but separate elements: to produce the
requested documents, Union must internally identify which of its 3,000 employees has those documents. Once those
employees are internally identified, Union must produce me requested files. While UCWA must identify the
documents it requests, it is not obligated to identity which employee maintains them.
Finally, to eliminate all doubt that Union, LoveHopeStrength Foundation and the
Walkathon are intertwined, we attach as Exhibit 8 a solicitation letter than Union County
Manager Devanney sent to "All County Employees" on County letterhead asking that they
register for the Walkathon: "Once you have had a chance to read the enclosed materials, I hope
you will register for this walkathon."
In light of the foregoing evidence. Union's claim that UCWA's requests were
overbroad or unclear, or would disrupt agency operations, do not pass the laugh test.
REQUESTED RELIEF:
We request an Order:
(1) Finding that the Custodian violated the Open Public Records Act and denied access
to records by denying the records requested in paragraphs 1,2, and 4-6;
(2) Ordering the Custodian to produce the documents responsive to UCWA's OPRA
Request;
(3) Awarding UCWA attorneys fees as provided by N.J.S.A. 47:1A-6;
(4) Upon investigation, fining the Custodian and Union County Counsel for knowingly
and willfully violating OPRA,
Dated: March 3, 2008
Walter M. Luers. Member
Attorney for Complainant
Union County Watchdog Association
Law Offices of Walter M. Luers, LLC
105 Belvidere Avenue
P.O. Box 527
Oxford, New Jersey 07863
Phone: 908.453.2147
Fax:
908.453.2164
Email: wluers@luerslaw.com
EXHIBIT 1
2008-02-1123:26
TlnaRenna
90870992Q9a>
19084532164
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COUNTY OF UNION
Office of the Clerk of the Board, 6th floor
Uoion County Administration Building
Elizabeehtown Plaxa, Elirabeih, New Jersey 07207
Tel, (908) 527-4140 Fax. (908) 558-0915
E-mai!: i
Date Stamp
Part B - REQUEST FOR A CCESS TO GO VERNMENT RECORDS
FOR COUNTY USE ONLY
Date Received:
Date of Response: ^
^
Pl«ase see "ParlT- DIRECTIONS AN» PROCEDURES*' prioirlo fslIiog^utlhMb^"'"""
908-709-0530
Fax: 908-709-9209
Website: unioncountywatchdog.org
. Email: tinarenna@unioncountywatchdog.org
202 Walnut Avenue • Cranford, New Jersey 07016
* Indicates helpful information in processing your request, but NOT required to be provided by Saw.
Type of Request:
[
[
f
L
]
]
]
]
Inspect / View documents only (during normal business hours)
Prepare photocopies of all requested documents for purchase
E-Mail documents (if available) to the above address
Documents by Fax (sec Part A for cost - faxes limited to a maximum of 25 pages)
Informations Requested:
Copy of Minutes [Please specify board or entity, date, or other identifying info,]
[___J
Copy Of Ordinance or Resolution [Please specify date, number, or other identifying info.]
Copy of a Bill, Voiicher or Contract [Please specify the vendor or service provided]
f CA
Other please specify]
_
f.sU fJ_J$ JL.
I
The Requestor, by signing below, hereby certifies that lie or she has NOT been convicted of any indictable offense (felony) under the I
of this State, any other state, or the United States and is not seeking government records containing personal iliforraation pertaining to
tlie victim of H crime or the victim's family as provided by NJ.S.A. 47: 1 A-l etseq..
The Requestor, by signing below, hereby acknowledges receipt of a copy of this form with the date ot> which the information is expected
to be available and the estimated cost. This form, whets signed by a County official $hs!8 constitute a receipt for any deposit received.
The information requested will be ready on (anticipated date):
Cost of Duplications or Special Service Charge:
Deposit: (If required)
[Required for anonymous requests, where the anticipated cost of reproduction exceeds S5.0Q]
V Signature
/
I
Date: /'"£-/ J (/& 7
Version 07/06 (prior editions obsolete)
County Official
Date:
.
Page 2 attached:
(check if applicable)
2008-02-1123:26
TlnaRenna
9087099209»
19084532164
P 2 /2
Page 2 of 2
1,
If Union County maintains a file or files concerning (in whole or in part) the 2007
"Musicfest Walk/Rock on! Walkathon", copy/produce for inspection the entire file or files.
2,
Identify the employee or employees who were in charge of coordinating the "Musicfest
Walk/Rock on! Walkathon", and produce the file or files maintained or created by those
employees.
3,
To help us determine what records exist, please identify all Union County employees
who were involved with the "Musicfest Walk/Rock on! Walkathon",
4,
AH emails between Union County employees that contain any of the following words:
"•Walkathon", "Musicfesf, or "Love Hope Strength" January 1, 2007 to date,
5,
Any agreement, memorandum, or report that mentions "Love Hope Strength
Foundation."
6,
Any record thai shows money given to the "Love Hope Strength Foundation.'"
EXHIBIT 2
wmuows Live notmaii mm Message
Page 1 of 2
Windows Live'"
Response to the OPRA you composed for me
From: Tina Renna (tinarenna@unioncountywatchdog.org)
Sent: Thu 1/10/08 4:34 PM
To: 'Walter Luers' (wluers@hotmail.com)
From: Mariena Russo [maiito:mrusso@ucnj.org] On Behalf Of Opra
Sent: Thursday, January 10,. 2Q08 4:23 PM
To: Tina Renna
Subject: 12/31 OPRA Request Completion - Music Fest/Walkathon
Importance: High
Dear Mrs. Renna.
In response to your December 31, 2007 request for documents, please note the following:
It is the County of Union's position that your request for a "file or files concerning (in whole or in party the
2007 'Musicfest Walk/ Rock on! Waikathon', copy/produce for inspection the entire file or files" is vague,
overbroad and unclear, as it fails to specifically identify a government record within the meaning of OPRA.
Moreover, this request lacks any time frame. As a result, this request is being denied as "overbroad and
unclear".
Your requests to "identify the employee or employees who were in charge of coordinating the "Musicfest/
Rock on! Waikathon', and produce the file or files maintained or created bv those employees" and ".. .identify
all Union County employees who were involved with the 'Musicfest Walk/Rock on! Waikathon', must be
denied at this time because they fail to identify a government record for the County of Union to fulfill your
request. It is the County of Union's position that these requests are "requests for information", requiring
research on the, part of the County of Union, rather than a request for identifiable government records
pursuant to OPRA.
3. Your request for "all emails between Union County employees that contain am' of the following words:
'Waikathon', 'Musicfest', or 'Love Hope Strength' January 1, 2007 to date" is overbroad and unclear, and to
fulfill same would be over burdensome and substantially disrupt agency operations pursuant to N.J.S.A. 47:1 A5(g). To fulfill this overbroad and unclear request the County of Union must manually search through any and
ail employees' e-mail for the three words stated in your request As a result, please provide a clarification by
stating, with specificity, the identifiable government record you are requesting.
http://byl32w.bayl32.mai!.!ive.com./maIi/PriiitShe!l.aspx?type=message&cpids==b6c3e397... 2/12/2008
w maows Live Hotmail mnt Message
Page 2 of 2
Your request for "any agreement, memorandum, or report that mentions 'Love Hope Strength Foundation"' is
overbroad, unclear and vague. This request fails to specify an identifiable government record, rather it requires
the County of Union to search through every single "agreement, memorandum or record" ever produced for
the words 'Love Hope Strength Foundation', A search oi this magnitude would substantially disrupt agency
operations pursuant to N.J.S.A. 47:lA-5(g). Moreover, this request lacks any time frame. As a result, this
request is being denied as "overbroad and unclear".
5. Your request for "any record that shows money given to the 'Love Hope Strength Foundation'" is overbroad,
unclear and vague. This request fails to specif}" an identifiable government record, rather it requires the County
of Union to search through any and all government records and research whether the record is responsive. A
search of this magnitude would substantially disrupt agency operations pursuant to N.J.S.A. 47:lA-5(g).
Moreover, this request lacks any time frame. As a result, this request is being denied as "overbroad and
unclear".
Thank you for your cooperation in this matter.
MarSena M. Russof Information Assistant
Office of the County Manager
Union Coiiniy Administration Building, 6th Fl.
10
Elizabeth, NJ 07207
908.558.0915
E-mail: opra@ycnj.org
http:/%132w.bayl32.mailJIve.com/maII/PrintShel!,aspx?type:=message&cpids=b6c3e397... 2/12/2008
EXHIBIT 3
-,a.w Offices of
vt Luers, LL
105 Beividere Avenue
P.O. Box 527
Oxford, New Jersey 07863
Phone: 908.453.2147
Facsimile: 908.453.2164
wmers@hotrnai5.eonr!
January 17,2008
*AJso admitted in New York
Ms. Nicole L. DiRado
Clerk of the Board
Union County Board, of Chosen Freeholders
Union County Administration Building, Sixth Floor
10 Elizabethtowia Plaza.
Elizabeth, New Jersev 07207
-
Dear Ms. DiRado:
We represent the IMien County Walclidog .Association, Inc., and write
regarding the County's January 10, 2008 response to Ms, Tina Ream's December 31,
2007 OPRA request to the County.
Rather than be responsive, the County's response seems calibrated to
discourage Union County Watchdog Association from, continuing to pursue the records
requested. Simply inquire which employees had responsibilities relating to the 2007
Musiefest Walk/Rock on? Walkathon and, once you have identified those employees, ask
them where they keep their files regarding the Walkaibon.
Specifically, for part 1, the time frame is identified as the 2007
MusicfestAValkathon. Our reference to the entire file or files is not "vague, overbroad
and unclear." The same analysis applies to part 2, Regarding responses to parts 3, 4, and
5 of the Request, the County denied access to the requested records pursuant to N.J.S.A.
47:1 A.-5(g). However, as a casual review the statute would reveal, subsection (g) permits
a custodian, to deny a records request because it would substantially disrupt agency
operations only "after attempting to reach, a reasonable solution, with the requestor that
accommodates the interest of the requestor and the agency." See New Jersey Builders
Ass'n v. New Jersey Council on Affordable Housing, 390 NJ. Super. 166, 181 (App. Dry.
2007), Here, the Coimty has made BO effort to reach a reasonable settlement.
Specifically, regarding request number three, we recotoiBend that the Coimty conduct an
electronic search of its e-mail for the searcb terms WK have provided, or identify the
Ms, Nicole L. DiRado
January!?, 2008
2 of 2
individuals that were involved with the Walkathon and conduct electronic searches of
those emails, 'Regarding request number four., the County should identify the files that
may reasonably contain agreements, reports, or memoranda regarding "Love Hope
Strength Foundation." Regarding request number five, simply search the County's check
ledger, receipts ledger, or other general ledger document.
We would, appreciate your responses to the foregoing within seven, days
after the date of this letter.
Sincerely,
EXHIBIT 4
COUNTY COUNSEL
Fax;908-289-4230
Jan 30 2008 02:59pm P002/006
*%iap!'COUNTY OF UNION
OFFJCE OF THE COUNTY COUNSEL
Robert E. Barry, Esq., County Counsel
January 30; 2008
ALEXANDER MBUBELLA
VIA FACSIMILE AM) REGULAR MAIL
Walter M. Luers, Esq.
Law Offices of Waiter M. Luers, LLC
105 Belvidere Avenue
P.O. Box 527
Oxford, New Jersey 07863
Brrra JANE KOWAISW
Re; Union Couaty Watchdogs December 31,2007 OPRA Request
BOARD OF
CHOSEN FREEHOLDERS
ESTSAD.A
RJCK PROCTOR
DANIEL P. SU
CY WARD
Dear Mr. Luers,
The County of Union ("County'') is in receipt of your correspondence dated
January 17, 2008 relating to Ms. Tina Renna's December 3L 2007 Open Public
Records Act ("OPRA") request.
GEORGE w, OEVANP.TY
M-
C.M.C,
Foremost, the County would like to address your statement relating to the
Dzpvty Cowf
Director c>/^^mrn
County's response to Ms. Renna's December 31. 2007 request. By no means is
ROBERT E. BARRY, ESQ.
the County's response meant to discourage her. or any requestor. The County has
responded and provided responsive records to hundreds: if not thousands, of
B.M.C., M
o/tfis Boorrf
OPRA requests that have been submitted by Ms, Renna alone.
The County's response to Ms. Renna's December 3 L 2007 OPRA request reflects
the County's desire to better serve OPRA requestors by ensuring careful
compliance with the holdings of Government Records Council opinions,
controlling case law and the statute, itself. The County will continue to respond
appropriately her. and all other requestors, with utmost respect and issue
responses on a case-by-case basis in the spirit of OPRA.
APMJNISTRATION BUILDING
Elizabethtown Plain
Elizabeth, NJ m 7
(908)527-4250
We're Connected to You!
fax(908)2S9-4230
www.ucnj .org
COUNTY COUNSEL
Fax:908-289-4230
Jan 30 2008 02 .-59pm P003/006
SSpfe
In your January 3 7, 2008 correspondence, you specifically ask that the County
"simply inquire which employees had responsibilities relating to the 2007
Musicfest Walk/Rock on! Waikathon. and once [you] have identified those
employees, ask them where they keep their files regaj-ding Walkathon." This
request is synonymous with "number 2" of Ms. Retina's December 31; 2007
request, where she asks the County to "identify the employee or employees who
were in charge of coordinating the Musicfest Walk/ Rock on! Walkathon. and
produce the file or files maintained or created by those employees." The County
denied this request because it was not a request for an identifiable government
record pursuant to OPRA-
A review of the recent GRC opinions provides
confirmation that a request to "identify" is an improper request for information,
rather than a request for an identifiable government record. See Michael L. Delia
Vella v. City of Wild-wood. GRC Complaint No, 2007-51: Yehuda Sham v. Ocean
County Board of Taxation, GRC Complaint No, 2007-327.
Likewise, you recommend several times in your letter, that the County "identify"
the potential records that could be responsive to Ms. Renna's requests (i.e.
"identify the individuals that were involved with the Walkathon" and "identify the
files that may reasonably contain agreements...", Paragraph 3 of January 3 7. 2008
correspondence).
It is sound law to deny requests for information or action,
including requests for the public entity to "identify". Requests to "identify" have
been continually denied by public entities, and those denials have been upheld by
the Government Records Council ("GRC"), as well as the Courts. In terms of
landmark cases, the New Jersey Superior Court has held that "[while] OPRA
provides an alternative means of access to government documents not otherwise
exempted from its reach; it is not intended as a research tool litigants may use to
force government officials to identify and siphon useful information. Rather
COUNTY COUNSEL
Fax:908-289-4230
Jan 30 2008 02:59pm P004/OQG
OPRA simply operates to make identifiable government records "readily
accessible for inspection, copying, or examination." N.J.S.A. 47:lA-3 and Mag
Entertainment. LLC v. Division of Alcoholic Beverage Control 375 NJ.Super
534. 546 (March 2005). The Court further held that "[under] OPRA, agencies are
required to disclose only "identifiable" government records not otherwise
exempt...In short OPRA does not countenance open-ended searches of an
agency's files. Id, at 549.
In Bent v. Stafford Police Department, 381 NJ. Super 30, 37 (October 2005), the
Superior Court referred to Mag in that the Court held that a requestor must
specifically describe the document sought because OPRA operates to make
identifiable government records "accessible". As such. z. proper request under
OPRA must identify with reasonable clarify those documents that are desired, and
a party cannot satisfy this requirement by simply requesting all of an agency's
documents. Requests utilizing the words "any and all" have been deemed by the
Courts as "broad and unclear" as they fail to specify identifiable government
records. Likewise, requests for entire files, or in Ms. Renna's case "file or files"
fails in the eyes'of OPRA? the GRC and the Courts, to amount to an identifiable
government record.
Furthermore, you contend that for "part I", the time frame identified in Ms,
Renna's request is 2007 where the request states "if Union County maintains a
file or files, concerning (in whole or in part) the 2007 "Musicfest Walk/Rock on!
Walkathon", copy/ produce for inspection the entire file or files". We believe this
is an unfair assumption in terms of an mdentified "time frame", rather,
government records pertinent to the 2007 Musicfest Walk/Rock on! Walkathon
could have been created, or received, prior or after 2007. That aside, it was a
COUNTY COUNSEL
Fax:908-289-4230
Jan 30 2008 02:59pm P005/006
COUNTY OF UNION
culmination of reasons that the County found this request "broad and unclear'"3.
including the fact that this request did not meet the definition of an "identifiable
government record", as discussed above.
The County is pleased, however, that you acknowledge and recognize the
importance that a requestor provide a specific time frame, as discussed in Kenneth
Vercamroen v. Linden Police Department. Complaint No. 2002-103, in which the
GRC upheld the denial of a request on the basis that it was not date specific.
Lack of a specified time frame would, of course, apply to Ms. Renna's fifth (5 th )
and sixth (<5tn) request for "any agreement, memorandum, or report that mentions
"Love Hope Strength Foundation'" and "any record that shows money given to
the 'Love Hope Strength Foundation'"- Moreover, these requests are so openended that the County would be forced to manually sift through every record in
hopes of finding responsive records,
Prior to responding to Ms. Renna's request, the County considered your
recommendation that the County perform an electronic search of all County
employees-' e-mails to respond to Ms. Renna's request for "all emails between
Union County employees that contain any of the following words: 'Walkathorr.
'Musicfest', or 'Love Hope Strength1 January 1. 2007 to date':. At this time, we
do not have the means to search for specific terms in the entire County e-mail
system- Please refer to our response in which we explain that "the Comity of
Union must manually search through any and all employees' email for [those]
three words".
The response is clear, the requests were denied, or accordingly, a clarification
requested, on the basis that they were "broad and unclear", failing to "specify an
UNION COUNTY COUNSEL
Fax:908-289-4230
Jan 30 2008 02:59pm POOE/Q06
identifiable government record". Although. N.J.S.A. 47:lA-5(g) was not the
basis of denial, the County cited the statute because any attempt at fulfillment of
the requests would substantially disrupt agency operations.
The County is hoping that this letter serves to clarify the basis of its response.
Thank you,
ALEXANDRA De FRESCO
Assistant County Counsel
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EXHIBIT 5
Circle ol Lov*
Roelc On! Walkathon
September 15,
&8IUIT/
Co-Chairs
Assemblyman Neil Cohen
Assemblywoman Linda Stender
Freeholder Chairwoman Bette
Jane Kowaiski
Circl* *i Hojpe
Clrcl* of Strength
Start Location:Shane Walsh
Field,
Springfield Ave,? Cranford
Walk Begins 9 a.m.
Walk Ends: Nomahegait Park,
Springfield Ave.f Cranford
Walkers raising $100 will
receive a "Rock-On!
Walkathon" t-shirt
Walkers raising $250 will
receive a T-shirt, and a
surprise gift bag
Walkers raising $1000 will
receive a T-shirt,, gift bag,
and an invitationto a VIP
Reception on September 14,
Please make checks payable to:
Union County Love Hope Strength with surprise guests!*
Fund (UCLHSF)
*GYc!e of Strength
.walkers must return this
form by 8/24 to be
eligible for the VIP
reception
First Name:;
Last Name:
~r
Address:
State
City:
Phone (Day):
Zip Code:
Evening:
Email:
Team Name:
Comments:
Submit Form
(if applicable)
(optional)
http://www.unioncountynj.org^arks/walk-Mhon/walk^registcrfrmxfm
Love Hope Strength Foundation
I.OT« Hope Strength foundation
292C Taylor
Dallas, TX 75226
214.533.1116 phone
888.671.8210 fax
www.loTCh0pestrength.eoia
I
s
i
Mew Jersey Citieens
Coalition for Cures
E.O. box, bl8
i-it. freedom, KJ 07970
973.8C3.Q145 phone
973.095,5005 fax
www.njsteia cJell.org
County Freeholder's Office
Elizabethtown Plaza
Elizabeth, IfJ 07207
908.436.2900
infol3ucnj.org
www.ucrausicfest.com
The LoTe Hope Strength Foundation
The Love Hope strength foundation was founded
by Leukemia Burvivors Mike Peters, of the
Welsh rook band '"he Alarm ana entertainment
insurance executive James Chippendale, as a
way to give back by building a support network
for cancer patients worldwide. The Union County
Love Hope Strength i'und was specially created
for this event by the Ryan Gibson foundation,
a tax exempt charitable organisation under
Internal Revenue code Section 501 (c) (3). i'ifty
percent (&C/i} of the contributions to the Hyan
Gibson Union County Love Hope Strength i'und
are tax deductible as a charitable contribution
for federal income tax purposes.
"Die LKHV is working to fill the gap where
government programs fall short by providing:
• i'undine; for quality cancer research projects,
* A cancer support program that will provide
patients with funding for treatments and
access to information an the best doctors,
treatments and medications fj.vuilab.le.
We will also be working: with1 our politicians
w aevelop ways of acquiring more government
support. We will accomplish our goals by
raising funds and awareness through our
music related events ant- promotions. Our close
connection with top athletes anci musicians
worldwide is allowing; us to create innovative,
music related, outreach and awareness
programs. Ve are kicking off the foundation
with a series of events and promotions in
Dallas, Kew York City, Vales Los Angles, iiew
Jersey ana capping it off with our historic trek
and concert at the base camp of Kt Everest,
The Hew Jersey Citizens
Coalition for Cures
Ke-w Jersey uiti&sns Uaalition for cures has
been chosen as the local beneficiary to share
in the proceeds raised by the Rock On!
talkathon. It is the leading statewide, graoaroots coalition for the advancement of stem
cell research in the state of Mew Jersey, The
ft JCCC is the driving force behind securing the
resources necessary for the aggressive, moral
and ethical pursuit of cures and treatments
ior life-threatening diseases and debilitating
chronic conditions in i-;ew Jersey,
Here Is your chance to make a
difference in NJ cancer research
by participating In the
Union County Musicfest
Love Hope Strength. Foundation
ROCK ON,1
September 15, 2007
Momahegan Park, Cranford, NJ
Co-Chairs
Assemblyman Neil Cohen <<.
Assemblywoman Linda 3 tender
freeholder iiette Jane Kownlski
J I want to participate,
*} I Ji 1C
Fhonc; (Bay)..I'hDtiet^vcu;
Or register on line at www.uomusicfest.com
i-»nil to:
U.C. LOT® Hope Strength
c/o County Freeholders office
Elinabethtown Plans
Elisabeth, NJ OTO07
tilt the :.ove Fore Jtre;i|~
Je^acv :i.ii;e:iS .'onlilio:
Thanks for signing up!
We look forward to a great walk
for great causes!
EXHIBIT 6
Page 1 of7
iovcnopestrengin.com » uonors
IHTAILS
T THE
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2/12/2008
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Page 2 of7
Nancy Siege"!
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Next Level Mechanicals
Nicholas Pell
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NSW Teachers
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patricia bardin
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Peter & Polly Vacher
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Peter Greaves-Tunnel 1
Peter Hal]
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Peter Risafi
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Philip Paterson
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PJ Purchase
R E L Tranter
Rachel Andres
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2/12/2008
iovejnopestrengtft.com » Donors
Calamos Financial
Camilla BIderman
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Carrie Williams
Gary Baker
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colieen m miller
Commerce Bank
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Conrad Hanson
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Corckran Family
Crafts Etc
Craig Berson
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Saunders
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John Mayfield
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John Ross
John Sharkey
Jolene Button
Jon Barton
Jon Corzine
jon eckhard
Jon Piggott
Jon Roberts
Jon Sedlak
Jonas Brodie
Jonathan Eckhard
Jonathan McManus
Jose Ruben Orantes
Garcia
Joseph Blankenship
Josh Sail
Joshua Hanfling
Joshua Zaroor
Joss Johns
Joy Noe
JR Wilson
Juan Juantegguy
Judi Chippendale
Judith brawne
Judith Horowitz
Judson Traphagen
Julia Mitchell
Julie Holmes
Julie Parker
Julie Saemisch
julie weinberg
Justin Demerath
k downing
KTuck
Kara Cummins
Karen & Macgregor
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Karen Fergason
Karen Kogut
Karen Probets
Karin R Golden
Karla Hunt
Karlynn Schramm
Karnes Real Estate
Karol Sullivan
Katharine Blakeslee
Katherine Fisher
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Page 3 of 7
Rachel Hager
Ray Balestri
Rebecca Bish
Rebecca Bowman
Rebecca Cooper
Rebecca Hail
Rebecca Purcell
Rebecca Wheeler
Reid Architecture
Renne Lokey
Resa Giacoppo
Rhae Hooper
Ric Moffitt
Richard Van Der Merve
Richard Atkinson
Richard Carson
Richard Gannon
Richard Gavranich
Richard Getty
Richard Golden
Richard Moffitt
Richard Palmer
Richard Parker
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Rita Kline
Rob Wyatt
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Robert Goldberg
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Robert Lampton
Robert Nicol
Robert Quant
Robert Radicevich
Robert Single
Rod Adam-Smith
Roger Andres
Roger Lee Leasing
Rona Potter
ronald sussman
Rosemary Moore
Rozanne Ichikowitz
RP Banks
Russell Wieman
Ruth Anfress
Ruth Martin
Ryan Arnold
Ryan Cunningham
Ryan Gibson
Foundation
Ryan Shah
s i ford
Sandra Keeran
Sandy Saul
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Sara Williams
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Sarah Berry
2/12/2008
I
iovenopestrengm.com » Donors
Curt & Mary Zaber
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Datnian Bilinsky
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Dan Carroll
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Daniel Gummer
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Dawn Construction
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Denis Wade AM
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Page 5 of 7
Teachers Federation
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lovehopestrength.com » Donors
Granville Jenkins
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Meridith Casey
page 6 of 7
Weinbren
Wendy Sarratt
Whitthorne
William Browning
World Courier (Aust)
Pry Ltd
Yin long Kon
Zaena Spray
MEET THE DONORS
CONTACT US
ABOUT THE TREK
MEET THE TEAM
Musicians
•
•
•
•
•
•
Cy Cumin
Glenn, Tilbrook
Jamie West-Pram
MikeJPeters
Nick Harper
Slim Jim Phantom
Mountaineers
•
•
«
•
Adrian JSunyrners
Alan[Hobspn
Jake Norton
Sean Swarner
Trekkers
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
«
•
Aden Holt
Ben Metzker
Christine. Alan
Dan Sullivan
EranThomson
GarrieRenucci
G_eorge Devanney
James .Chippendale
Julie Lampton
Mark. Parker
Matt &. Kris _Adam.-Smjth
Meghan Buchanan
VhKc Johnson
Peter Braun
Rini_Andres
Scott.irhprapsor}
Sean Moore
Shannon _FpJ.ey
Stan_Sagner
Stephanie Sarnoski
Fracie Janpska
Vincent Abrue
Production
• Alex Coletti
• Da-mien Prake
• OllJPowell
http://3ovehopestrengtli.com/everest/donors
2/12/2003
iovenopesirengin.com » uonors
Page 7 of 7
• Stash SI ionski
• Tom Grimshaw
http://lovehopestrength.com/everest/donors
2/12/2008
EXHIBIT 7
iovenopestrengtn.com » lieorge Devanney
Page 1 of 3
.HG
About George Devanney
A
May 24th, 2007
We all have moments in our lives that are special. Ones that we will always remember. If you are lucky, they are defining
and become part of who you are and what you believe in. But then, you have those rare events that actually change your life.
Mike and Jules Peters, James Chippendale, NJCCC, Wales, Musicfest, Cancer, PSA, Biopsy, Love, Hope, Strength these
are people and words that came together in my life to form a life altering event One that has led to a trek to Base Camp
Everest to battle Cancer by bringing attention to the benefits of publicly funded stem cell research and treatments,
It all began a little more than a year ago, when I innocently sent an email to the website of my favorite college band, The
Alarm, led by Mike Peters. In the ensuing months I found myself emailing back and forth with Mike's wife Jules as we
worked to bring Mike to the Union County Musicfest. Last year's Musicfest was Union County's most successful to date,
and we were working on ideas to improve the event for 2007. As luck would have it, Mike Peters and James Chippendale
were about to announce they were co-founding the Love Hope, Strength Foundation (LHSF) to help build a support network
for Cancer patients while we were in Wales for the "Gathering." Over a couple of beers in Wales, we put together a structure
to make Musicfest '07 a pilot music festival in which LHSF would be a part.
Returning home, we got down to work planning a Walkathon, looking for a local charitable partner and coordinating
Musicfest. Simultaneously, on a persona! note, I happened to go for my annual physical. Ironically, it was there that my
doctor noticed an elevated PSA level in my blood, which could be an indicator of prostate cancer. I was then referred to an
urologist for a series of tests which ultimately led to the conclusion I should undergo a biopsy to check for cancer. The only
way I could quell my feelings of dread and terror was to reach out to people who had experienced Cancer first hand. By
talking to James I learned just how important it is to establish a support network. Although, I had always believed in the
partnership between Musicfest and LHSF, it was beginning to take on a new meaning to me.
We decided that the local partner for the walkathon should be New Jersey Citizens Coalition for Cures (NJCCC), the leading
statewide, grassroots coalition for the advancement of both embryonic and adult stem cell research in die State of New
Jersey, fighting to find cures and treatments for life threatening diseases and debilitating chronic conditions in this state. As
federal legislation to help fund embryonic stem cell research makes its way toward President Bush's desk - and inevitable
veto - New Jersey has been the first state to publicly fund a stem cell research lab in the nation.
It was in a New York City taxicab, during the Empire Rocks event, that I turned to my wife and said that I felt a need, an
urgency to participate in the trek to Base Camp Everest. It is a once in a lifetime opportunity and the cause is pure. Not only
does Cancer touch everyone's life in some form, but the cure for so many of life's diseases rests in publicly funded stem cell
research and our President had let us down. Having spent my career in government and politics, I couldn't ignore these
actions. So it was in that cab ride my life changed.
I only had one small hurdle left: my own health. While I awaited my biopsy and its results, I talked to my closest friends and
family about what I wanted to do and why. Regardless of what my biopsy results were, I needed to change my lifestyle.
When my doctor called me with the news that the biopsy showed no cancer, I was relieved. However, the impact in my life
had already occurred and I called James to sign up for the trek.
To Mike, Jules and James
thank you for letting me in your lives to help make all of ours a better one. To my wife Angie,
http://Iovehopestrength.<x>m/ev^^
2/12/2008
iovenopesrrengin.com » ueorge uevanney
Page 2 of 3
thank you for not only accompanying me and understanding me in this journey but also for your undying support. I hope
others join with me to help educate and bring about a cure.
At 45, I'm currently the County Manager for Union County. A county government with 3000 employees that serves more
than half a million people in 21 municipalities. Born and raised in New Jersey, I live in Berkeley Heights with ray wife,
Angie and son, Ryan. I have two sons from a previous marriage, George and John.
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George Devanney's Blog
May 24th, 2007
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2/12/2008
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2/12/2008
EXHIBIT 8
COUNTY OF UNION
OFFICE OF THE COUNTY M A N A G E R
George W. Devanney, County Manager
To All County Employees:
BOARD OF
CHOSEN FREEHOLDERS
BF.TTE JANE KOWMOO
Chairwoman
ANGEL G. ESTRADA
Vice Chairman
CHESTER HOLMES
ABKIAN O. MAFF
ALEXANDER MlRABELLA
RICK PROCTOR
OEBORAH t. SCANLON
DANIEL P. SCLUVAN
NANCY WARD
GEORGEW. DCVANNEV
County Manager
M. ELIZABETH GEMEVICH.
CM.C.M.P.A.
Deputy County Manager/
Director of Administrative
Services
ROBERT E. BARRY, ESQ.
County Counsel
I am pleased to have the opportunity to write to you regarding the many summer
activities sponsored by the Union County Board of Chosen Freeholders this year.
We hope you will visit the county website at www.ucnj.org to learn more about the
summer concerts, kids festivals, parks events and more that will take piaee. I plan
on attending as many as my schedule allows, and look forward to seeing you and
your family this summer.
There is one event that will lake place on September 15th that holds special meaning
for me. Many of you have attended MusicFest in years past, and have been a part
of the tens of thousands of people who have enjoyed the fabulous music at this free
admission concert. This year, MusicFest 2007 promises to be bigger and better,
with bands like Chuck Berry, The Smithereens, The Alarm, The English Beat, and
Old Ceremony already committed to play and more to be announced, including a
headlines
But what if it couid be more than just an afternoon of entertaining sights and
sounds? What if having about 25,000 people coming and going through
Nomahegan Park could be utilized to change and improve people's lives? There
are people who cannot attend MusicFest and other events because they are fighting
cancer and other debilitating diseases.
This year, MusicFest will present great entertainers. At the same time. MusicFest
will also offer you an opportunity to change the world. The first step is to register
for the Rock On! Walkathon, which will benefit cancer and stem cell research
locally and globally. To sign up and view updates, visit yww.ucmusjcfest.com.
NICOLE I~ BiRAOO.
R.M.C.,M.P.A.
Clerk of She Board
I am personally committed to these causes, and have joined forces with those
organizations benefiting from the wafkathon, including the Love Hope Strength
Foundation and the New Jersey Citizens Coalition for Cures. Once you have had a
chance to read the enclosed material, I hope you will register for this walkathon, I
will be walking on September ! 5th along with Mike Peters from The Alarm and
other special guests, and we look forward to having you join us!
F. Devanney
County Manager
AJBMINISTKATION BUILDING
Elizabeihtown Plaza
Elisabeth, NJ 07207
(908)527-4200
We're Connected to? You!
www.iscnj.org