Flood's use of private email - perhaps suggested by school

[Piscataway]

so I am starting to participate in my daughter's school PTO. We have been emailing back and forth with other parents and the principal. At the bottom of the principal's email was the usual confidential clause. But below that was this warning. Here is a screen shot. Maybe Rutgers also makes this advisement. (Not opologizing for Flood, just want to discuss the use of this suggestion)

 

[CornerTavern]

And Hillary?

 

[Piscataway]

Again not an excuse. Just thought provocation in regards to our officials/govt employees circumventing the law.

 

[ruhudsonfan]

Presumably, the contents of Flood's email to the professor, about a particular student, would also be subject to the protections of the Student Info Privacy Act (or whatever it's called).

So would little Suzie's email to her kindergarten teacher.

That disclaimer on the bottom of your kid's principal's email seems to be misplaced angst. An OPRA request is A) not automatically granted and B) can't be a fishing expedition. The requester needs to make a very specific request for information.

 

[rube1859]

Note something, the warning says "Email sent to School Board members"...not "Email sent to School Board members public email address."

NJ law is actually very clear on this, that any email sent, even from personal devices, is subject to OPRA. Now, if it falls into an exemption (personal information, business or proprietary, etc.), it can still be excluded. The use of personal email though is usually either A) an innocent mistake (I sometimes get stuff on personal but whatever I reply with, I will copy my work address so it is recorded and shows no ill intention) or B) usually done with the expectation is gets you out of OPRA obligations, when in reality it does not. If someone submits an OPRA for emails, the records custodian has an obligation to verify not only work publicly issued emails, but to verify that not other sources of information, including personal emails, exist.

Here's a good cheat sheet from GRC. The early pages explain this. The case that was pending before an ALJ also required disclosure of personal emails.

http://www.nj.gov/grc/meetings/present/Electronic Records and OPRA - General.pdf

 

[Piscataway]

Thanks Rube. I get that we want to keep personal info personal. But this statement bothers me. Probably overreacting. Just don't like it.

 

[DHajekRC84]

Thanks Rube. I get that we want to keep personal info personal. But this statement bothers me. Probably overreacting. Just don't like it.

I did VOLUNTEER work for my township as Recreation Committee President for about 6 years. I was told day 1 that if I conducted ANY business with my other committee members via my personal email or even used my company email it would open all of it to OPRA if it came to that.

 

[rube1859]

One thing I want to clarify. Use of personal email does not technically subject all your personal emails to OPRA, only work ones. If you have an actual email that has both work and personal stuff in it, you can just redact the personal stuff. If you are doing government work on a personal email, and an OPRA request is sent for materials on it, what you'll probably have to do it submit a log showing what emails are not provided noting that they are a) not responsive to the request; and B) personal, thus not subject to OPRA. That log itself is not a public record (odd, I know), but it would be what either the GRC or the Superior Court (where OPRA Denials can be heard) that may review them in camera.

Just wanted to clarify. Not all of your personal emails on a personal account are subject to OPRA, even if you use your account for public business. Only those emails related to public business.

So...if someone OPRA'd the university for an email contacts between coaching staff and professors, they should just ask for emails sent from university, as well as public addresses. and because the report contained the emails Flood sent (with identifiers redacted), the university has waived further ability to deny similar emails. They can still black out the identifying info for privacy reasons, but the fact that emails exist from this coach or any other coach, if they exist, wouldn't be hard to find.