More than 40 days ago, Montclair resident Erin Bullen hand-delivered her Open Public Records Act request (OPRA) to the Montclair Board of Education at 22 Valley Road. She still hasn’t received an answer.
Bullen recalls, “I had my requests in an envelope and wrote ‘OPRA REQUESTS’ in large, distinct letters.”
Under New Jersey’s OPRA, custodians of public records must respond within seven business days. Agencies must provide an answer, even if they issue an extension as their response. Ignoring these deadlines is illegal.
The instructions on Montclair’s OPRA form state you must present it to the custodian of records. The custodian for Montclair Public Schools is Christina Hunt, business administrator and board secretary.
But, Bullen says a receptionist at the BoE asked her to hand it over to her. “She tried to take it from me and said she would hand it to Hunt.”
Bullen did not receive a receipt. When she did not hear back form the BoE, Bullen filed the same request with the Department of Environmental Protection. She received the information within a week.
Lack of Communication
Bullen isn’t the only one whose requests have gone unanswered. Another resident submitted five separate requests to the district on Jan. 11, in person and over fax. The Local consented to keep the resident’s identity anonymous.
The BoE is supposed to respond in seven days either with the records or a request for an extension or explanation for the delay. On Jan. 19, seven days after the request was filed, the resident emailed Hunt for an update, but received no response. Then, 11 days after the initial submission, on Jan. 29, the resident sent another follow-up, which also went unanswered. A final follow up went out on Feb 11.
The BoE did not provide a response, requested an extension, nor offered an explanation for any of the delays.
On February 14, Hunt’s office sent an email to the resident with the records attached and requested an extension until March 1 to provide the remaining records, due to the requested records’ relation to Woodman Field and the ongoing litigation.
Upon reviewing these records, The Local noticed the document was backdated to February 1, 2024, although the email was sent on February 14.
The Local sent an email to inquire about the backdated documents. Nina De Rosa, executive assistant to the superintendent said, “Ms. Hunt said that it was a clerical typo. The letter should have been dated for 2/14 the same date as the email.”
The Local submitted an OPRA request to the BoE on December 21, 2023. The BoE responded with an email on February 2, 2024, with the document dated February 1. That’s 30 business days later with no updates.
CJ Griffin, a media and public interest attorney, said, “The Montclair BOE is terrible in complying with OPRA’s deadlines. I’m not sure what’s going on, but the custodian needs to take the deadlines seriously.”
Five Nearby School Districts Offer Online Access, But Not Montclair
Montclair Local looked at how other area public school districts handle record requests.
South Orange Maplewood School District, Verona Public School District, Bloomfield Board of Education School District, Little Falls Township Public School District, and West Orange Public School District all offer an online process instead of requiring in-person or fax submissions. Simply sending an email with the subject line – OPRA request – suffices.
Griffin refers to the process, saying, “The BOE needs to provide tracking software or more staffing, to make sure that residents can get their requests fulfilled on time. These delays will end up costing taxpayers money when someone finally gets fed up enough to sue.”
Bullen considers accessibility crucial, stating, “The lack of a car or a fax machine shouldn’t prevent someone from submitting an OPRA request, or if they need to take the bus or walk there. How far is the walk? What’s the weather like? These things shouldn’t come into play when it’s about your right to access information.”
On Nov.14, 2023, Jennifer Andre, in an email to Montclair Public Schools Superintendent Jonathan Ponds, called for improvements in handling OPRA requests. She stated, “I would greatly appreciate if Montclair would follow what other schools are doing and allow emails to be sent for OPRA requests so people who work, people with disabilities and people who don’t have access to a fax machine can have access to public information.”
Ponds did not respond.
Andre said she has electronically submitted OPRA requests to other districts and has consistently received prompt responses. She has also been able to speak to someone for clarification or to answer question at these other districts.
On Feb 12, The Local asked Ponds about the current number of outstanding OPRA requests, if the district plans to revert to email requests, and for any explanation of the delays or lack of responses.
Ponds responded but did not answer any questions. “We have hired a new law firm and met with them about processing our OPRAs. Unfortunately transitions can result in backlogs,” Ponds replied.
The Board of Education hired the Taylor Law Group LLC in October 16, 2023, per the board meeting minutes, at an hourly rate of $200. How long this transition period will be and when residents can expect responses in compliance with OPRA laws is unclear.
Montclair Local asked BoE president Melanie Deysher if she was aware of the delays in responding to OPRA requests. We also asked if she knew why the district’s OPRA system was not online.
Deysher did not answer any questions from Montclair Local. “I forwarded your questions to our business office,” Deysher replied in an email.
The really bestest part of this story is the only BoE member that can speak to this deficiency of their direct report’s org is President Deysher. This is because the Board passed a resolution saying that even though each member is elected, only the President can speak for the Board. Kinds defeats the whole ‘hold representatives accountable’ thingy. Great model of governance. Can we do this with our U.S. Congress. How great would that be?
Funny how the answer is to spend more money, through more staffing. Maybe, just maybe, there is a culture there that these requests do not have to be fulfilled. The way Dr Ponds and the BOE don’t answer questions about this situation, makes me lean towards a cultural problem.
The really humorous part is the district’s contention that hiring a law firm will fix its communication problem.
The problem is weak leadership and this twin voted to hand over a boatload of $$ for them to play with. All anyone has to do is pull up the video from last night and listen to the public comment portion to know that the leadership is not working for the students. Lack of accountability and given free range by the BOE. Even MFEE had a few choice words. It was time for change in the last election, but voters voted for more of the same. Well, that’s what you get when you have parents that think they are pulling the string and then all of a sudden the curtain opens. Time for new leadership. Like yesterday.
“It was time for change in the last election, but voters voted for more of the same.” – pardonmyfrench
Not only more of the same, but they voted for the one and only slate. I was given the understanding that increasing to 9 member board, moving the elections to November…and staggered terms would discourage formation of slates and much more diverse (of view points & values) candidates.
I think we can safely say that the last election refuted the arguments. When every one sounds/acts/looks the same, ya gotta go with the slate, right? Oh, and the slate that is going to deliver the Aubrey Lewis Sports Complex or they will never, ever, ever, never forget…until they move after graduation! Yup, one amazing, paradigm-shattering, new frontier we installed. And the reason the last Council did not fund the BoE/MPSD capital needs is the same reason the 2024-2028 Council shouldn’t fund the schools. Well, they shouldn’t if they have any fiduciary qualities or detach themselves ethically from the personal advantages gained.
Frank, I hope people remember that the person behind two out of that slate was none other than Erik D’Amato. I heard he’s running for town council. This town does not need more of the same over there. Can Montclair not get a diversity of thought around here? What we got gets us too many darn lawsuits.
People really need to watch the BOE meeting video from last night. The public comment was the best. Lol. Everyone mad from students, to teachers, to parents, to partnering organizations. Lack of accountability by the Admin because the BOE is ….well, you know.
I did! In real time! Serendipitous discovery. Cringeworthy. Fantastical. Commercial free. I am conflicted. The trio of twelve-year olds running a 9 minute tag-team slap down of the MEA & Ponds for the abysmal quality of advanced math instruction? Or…the sweet, dear, “we ALWAYS handle our laundry behind close doors” MFEE breaking protocol with a public scolding of the Superintendent for his unappreciative staff? I have to go with the MFEE for best original condemnation.
Yes PMF, the Puppeteer.