Dear Sayreville School District,

Under OPRA and the common law right of access, please provide documents, lists, reports or statements sufficient to show:

1) the name, title, department/division, current salary, and hire date for all salaried employees, including elected officials, as of September 1, 2019
2) the name, title, department/division, current hourly rate, and hire date for all hourly employees, as of September 1, 2019
3) the names of all employees enrolled in each healthcare insurance program/plan, including elected officials, as of September 1, 2019
4) the names of all employees currently enrolled in each public pension system, including elected officials, as of September 1, 2019
5) the name and pay status of each employee currently suspended from duty, as of September 1, 2019
6) the total year-to-date base pay, overtime pay, and extra-duty pay for each employee, including elected officials, as of September 1, 2019
7) the amount/value of all stipends, allowances, bonuses, reimbursements and other payments or perks granted each employee, including elected officials, as of September 1, 2019

With regard to items #1-4 of this request, please only include records pertaining to current employees, and please do not include any employees whose term of employment ended prior to September 1, 2019. If employees have different rates of pay for different work or different roles, please indicate each of the pay rates in the response.

With regard to all of the items in this request, I prefer to receive the responses to this request in one or more Microsoft Excel spreadsheets if at all possible. Please feel free to contact me if I can be helpful in clarifying this request. Thanks very much and have a nice day.

Yours faithfully,

Charlie Kratovil
Editor, New Brunswick Today
732-993-9697

Hill, Erin, Sayreville School District

Good Morning,

I can provide item #s 1, 2, 4, 6, 7 however I need some additional time. We recently converted to a new payroll and personnel software and we are still making updates. I can have all of this to you by 9/24. I may not be able to provide #4 as I do not know of a report that exists that has this information, however, I will see what I can do to provide the information.

Item #3 is denied. See Michelson v. Wyatt, 379 N.J. Super. 611, 620 (App. Div. 2005) (finding that the name of individuals receiving health benefits was not subject to disclosure under OPRA). In addition, since your request failed to provide information concerning your interest in these records, the Board is unable to determine whether you have a common law right to these records. As a result, your request for these records under the common law is denied.

Item #5 is also denied. Your request for a list of suspended employees is denied. See Paff v. Borough of Chatham, No. A-2350-10T1, 2011 WL 5105477, at *1 (App. Div. Oct. 28, 2011) (finding that information concerning public employees' suspensions are not available under OPRA); see also N.J.S.A. 47:1A-10 (with limited exception, "the personnel or pension records of any individual in the possession of a public agency ... shall not be considered a government record and shall not be made available for public access"). In addition, since your request failed to provide information concerning your interest in these records, the Board is unable to determine whether you have a common law right to these records. As a result, your request for these records under the common law is denied.

Thank you,

Erin Hill
School Business Administrator
Sayreville Public Schools
P.O. Box 997
Sayreville, NJ 08871
(732) 525-5200

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Hill, Erin, Sayreville School District

2 Attachments

Good Morning,

Attached please find the following:

1. Salary Report - This report includes all staff that are steadily employed and identifies their salary, stipends and longevity. It includes salaried and hourly employees and responds to your requests #1 and #2.
2. Payroll YTD - This report includes all amounts paid through Payroll from 1-1-19 through 8-31-19 and identifies which staff members are in either TPAF, PERS or DCRP. This responds to your requests #4, 6, and 7. Employees who are no longer with the district cannot be filtered out so true amounts are included.

As stated in my previous email your request #3 is denied: See Michelson v. Wyatt, 379 N.J. Super. 611, 620 (App. Div. 2005) (finding that the name of individuals receiving health benefits was not subject to disclosure under OPRA). In addition, since your request failed to provide information concerning your interest in these records, the Board is unable to determine whether you have a common law right to these records. As a result, your request for these records under the common law is denied.

And your request #5 is denied: Your request for a list of suspended employees is denied. See Paff v. Borough of Chatham, No. A-2350-10T1, 2011 WL 5105477, at *1 (App. Div. Oct. 28, 2011) (finding that information concerning public employees' suspensions are not available under OPRA); see also N.J.S.A. 47:1A-10 (with limited exception, "the personnel or pension records of any individual in the possession of a public agency ... shall not be considered a government record and shall not be made available for public access"). In addition, since your request failed to provide information concerning your interest in these records, the Board is unable to determine whether you have a common law right to these records. As a result, your request for these records under the common law is denied.

Thank you,

Erin Hill
School Business Administrator
Sayreville Public Schools
P.O. Box 997
Sayreville, NJ 08871
(732) 525-5200

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