In a letter dated September 10th the borough clerk states:

"Also enclosed is a Records Request form for you to complete listing requests for all future copies. Although audiotapes of Council Meetings may be made available prior to the approval of written transcripts, they are still governed by the Open Public Records Act as a Government Record (see below) and as such, the requirement of a formal request is to be met."

I do not believe this is an accurate description of the legal reality regarding requests made to government agencies (the Borough) for access to, or copies of, public information or records held by the agency. The Borough's obligation, is to respect all requests regardless of "formality". The Open Public Records Act is intended to complement pre-existing law and to provide additional recourse to encourage government compliance with pre-existing law. Use of an open public records act "formal" hard-copy form, is not a requirement, but an option intended to provide an alternative (to formal legal action), more efficient, option for dispute resolution in cases where requests are not satisfactorily fulfilled.

It is my opinion that OPRA has not provided a meaningful improvement in open access to public records--as the clerk's inappropriate "demand" that I file a more formal and redundant OPRA request demonstrates. Government agencies are using the sloppy language of OPRA to complicate, rather than expedite, request fulfillment.

I have repeatedly made it known to officials of the Borough of Mendham, that I have interest in a broad range of government-held public information. Officials of the government are fully aware of my singular purpose: to make the "public information" truly public by making it accessible through the Internet. Conscientious, "real" public servants would embrace my purpose and see advantage and opportunity in the public service I am attempting to provide. The Borough Government, in contrast, has through inaction, evasion, and distraction, demonstrated a hostility to my intentions and to the public empowerment I'm attempting to provide.

I have extensive E-mail and audio documentation of communications between myself, the borough clerk, the administrator, and the police chief. The record is clear: I have asked for no greater consideration than that given to any other news or information publisher, regarding notice of or access to town "information of interest." I have repeatedly explained that I would like copies of ALL the public information the town can provide within the limits of relevance, convenience, and cost practicality. The town has met this request with the demand that I first, through clairvoyance, ascertain what public information the town has recently produced or changed and specifically, by name, request it. I've met this impossible challenge by narrowing my request to specific items I do know exist. I have repeatedly requested that copies of all committee (and council) meeting minutes be provided [on a recurring basis] on approval. This request has, at best, only been erratically fulfilled. I have requested that I'd be sent copies [on a recurring basis] of all notices (legal or otherwise) to be published at the town's provision in any newspaper or newsletter. This request was only fulfilled once with dated material. Other requests for "basic" information like police call reports, a listing of town-held assets, an updated listing of town personnel, have been met with the argument that "no such record exists" in the clear format I request, and I have been obligated to attempt to ascertain the information from related, yet cumbersome, dated and incomplete foundational documents. It seems to me a practical improbability that the mayor or town council could function without being provided this "basic operational information" in an easily comprehended format-- and I have sincere doubts regarding the town's contention that summaries regarding much of the information I have requested have not been produced.

In general terms the law requires that reasonable requests for information be met with a reasonable effort at compliance. I will concede that my requests might be unusual and broad, but that is a perfectly reasonable expectation, considering the unique nature of my non-government, non-commercial Internet publication (and also considering the nature of my disability). What I will not concede, and what I think the facts do not demonstrate, is that my requests are unreasonable, and I believe through sincere cooperation they can be adequately fulfilled without placing any excessive burden on Borough personnel or Government function.

It is my desire that we achieve an amicable, cooperative arrangement where the greatest possible volume of public information can be transferred, in a timely manner, with the least possible inconvenience (taking sensible advantage of the efficiencies of the digital age). As a solid foundation, or base standard, I think it a reasonable suggestion that "public information," that was created or already exists in a digital form, should (within file-size constraints) automatically be sent to me upon creation or updating without the nuisance obstruction of redundant formal request. Other information, in hard copy or nontransferable form, in non-standard software format, or of dubious importance or relevance, that is or becomes part of the town's public records can be considered for transfer through weekly update conversations to take place at the clerks convenience. The 5 or 10 minutes required for me to be informed about what records have become available and for me to express my desire or absence thereof to secure a copy is not, in my opinion, an excessive burden.

It is my hope, that through this framework, we can avoid the unpleasantness and mutual inconvenience of formal legal process.

Sincerely,
Gary Mosher