Wednesday, July 10, 2013

Baum: Email Lawsuit Sought "Right of Review" Prior to Release of Information

I am writing to provide some clarity regarding the lawsuit filed with respect to Twp Committeeman Tony Fiore's request for emails sent between myself and the library director on our personal email accounts.

 There seems to be limited understanding about the lawsuit, so let me clarify a few points. First, I filed the suit. Per my understanding of the process, we were applying for a TRO (temporary restraining order) which, if granted, would have prevented release of emails between private accounts temporarily. Certainly, not all correspondence between private email accounts, regardless of the subject matter, is public in nature, and therefore a privacy interest exists.

 Essentially, what we were seeking was a right of review in order to raise objection to the release of certain emails, or certatin parts of emails, or certain attachments which are non-public in nature. And in fact there was little I was objecting to based on review of my own records.

The judge did not grant the TRO, chose not to give me an opportunity for review, and ruled that emails with regard to library business (public business) could be released. So faith was put in the library's attorney, Armen McOmber, who represented himself (the library) as the records custodian and the right person to do the review. And he should have been diligent in complying with the law by making all appropriate redactions. However, it appears he didn't redact anything, including my phone number and personal work products. This clear failure demonstrates why a person with a privacy interest should have a legal right of review.

Certainly, had the situation been reversed -- had I requested Mr. Fiore's emails -- Fiore would have had that opportunity.

Thank you.

Respectfully,
Linda Baum

9 comments:

Anonymous said...

Any google search shows your cell phone number. That puts it in the public domain. Next issue..,,

MiddletownMike said...

Sorry Anon 12:20,

But your statement isn't relevant. Under the law there is a "presumed" right to privacy. Just because you can now Google people's names, addresses, phone #'s and email doesn't mean that their right to privacy is diminished. Baum's phone # should have been redacted from any and all records before release.

Anonymous said...

Now that Patch has posted the emails, all parties are going to have to change their phone numbers and email addresses. Frightening to see that this was not redacted.

Anonymous said...

Anon 7/12@12:20 p.m.,

Sybil, don't you ever give up, Ms. Know It All ???

The thugs on the TC have no integrity...NONE!!!....and intimidation and character assassination are the only tools in their tool boxes.

Anonymous said...

Only someone Brasch and Majestic-ally arrogant would advocate the printing of personal information.

Anonymous said...

Or an equally arrogant, self serving someone recently relocated to Sea Gull Lane !

Anonymous said...

It's funny that Mayor "Sharkey" has been quiet during all of this. He was a BIG USER of the library when he was getting his PH.D at Monmouth University, I believe. He used the ILL (Interlibrary Loan) System to the point of abuse...(or priviledge). This is a system where the librarian requests books from other libraries that it doesn't have. Quite a service (and not cheap) for those who use it. But the cost is absorbed national by lending library and pooling of transportation costs. But the Repugs in this town don't mind. As long as they get what THEY need, and they don't care about what the rest of the town may need. Right, Mayor Scharfenburger? You want to gain control of the library and fire the staff and fill the library with volunteers? Oh..that's a good idea. NOT /sarcasm.

People, if the TC gets their hands on this library and installs a puppet director they will RUING the "gem of Monmouth County" and replace it on the slag heap of all their other failures about town. Swim Club, anyone? Middletown Arts Center, anyone..???

Anonymous said...

The people in this town have NO ONE to blame for the slugs on this TC. The towns people elected this band of morally defunct bullies.

The money grab is on and will continue until a change in those who serve occurs.

As for the mayor this year, he is NO example of integrity and has never been. He serves only himself and that's who he has always served !

WHEN DO THE RESIDENTS OF THIS COMMUNITY WAKE UP TO THE FACTS ? EVER ?

Believe the registered Democrats out number the registered Republicans here, so get out the vote and get rid of the slugs whose only tools are character assassination and intimidation. They are no fit to serve anywhere except the cesspool of government that currently is in place in this town !!!!!

Our library would be better off under the umbrella of the Monmouth County System...far better off and the the slugs would then have to hunt somewhere else for money.

Anonymous said...

Anon 6:15 p.m. 7/18.

Add Park System and School System to your list. It's all about money and anything that brings money into the coffers is under siege by this
unscrupulous TC. These bullies don't care whose character they attack in order to accomplish total control of the MONEY !

Middletown in recent years has become an example of "totalitarian" anarchy.