City of Atlantic City,
I am requesting the following records pursuant to Elcavage v. West Milford Township:

1. Any/all emails as both the sender and recipient for:
Human Resource Director-Alexis Waiters
Interim Business Administrator- Anthony Swan
Chief of Police-Henry White

Email subject:
Police Deputy Chief Promotion
Police Deputy Chief Interviews
Police Deputy Chief results, ranking, score and outcome

Date Range:
September 30, 2019-December 11, 2019

2. All score cards completed by each of the 5 interviewers for each of the 6 candidates interviewed on September 30, 2019 for the rank of Police Deputy Chief maintained by the Director of Human Resources

3. Any/all documents pertaining to the Police Deputy Chief promotion, interviews and results

Sincerely,
Stacy Herrerias

City Clerk, Atlantic City

1 Attachment

Received.

 

Thank you.

 

 

Eddie Lax

Keyboarding Clerk III

City Clerk’s Office

City of Atlantic City

City Hall – Room #704

1301 Bacharach Boulevard

Atlantic City, NJ 08401

Phone: 609.347.5510

Fax: 609.347.6408

 

 

 

 

 

 

 

 

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Dear City Clerk,
As per NJS 47-1A-5i, the City of Atlantic City was required to provide a response to this OPRA request no later than the end of business day on December 20, 2019. Kindly provide a status of this request.

Sincerely,
Stacy Herrerias

City Clerk, Atlantic City

2 Attachments

Good afternoon Ms. Herrerias:

 

Please be advised, your OPRA request (attached) was received December
12th.  The response is due in 7 business days, with the first day being
December 13th, which means the response is due today, December 23^rd.

 

Please note: our office has not yet received the response.  As such, an
extension of time to January 6, 2020 is needed in order to provide the
response.

 

Thank you.

 

 

Eddie Lax

Keyboarding Clerk III

City Clerk’s Office

City of Atlantic City

City Hall – Room #704

1301 Bacharach Boulevard

Atlantic City, NJ 08401

Phone: 609.347.5510

Fax: 609.347.6408

 

 

 

 

 

 

 

 

 

 

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Eddie Lax, Atlantic City

2 Attachments

OPRA Request – City of Atlantic City

Re: Emails, Documents and Scoring Records

 

Good afternoon Ms. Herrerias:

 

Please be advised, the response to the attached OPRA request is as
follows:

 

1.    Emails concerning promotions, interviews, and results

a.    This is denied as the requested items falls under personnel records
and under “other information concerning job applicants” and is thus exempt
from disclosure under OPRA. See Vandy v. Burlington Cty Bd. Of Social
Services, GRC Complaint No. 2016-319 citing N.J.S.A. 47:1A-9(a) and
Executive Order No. 26 (Gov. McGreevey, 2002). Also see N.J.S.A. 47:1A-10.
Additionally, the information/documents requested are exempt as advisory,
consultative or deliberative material as the information/documents would
reveal deliberations that occurred during the decision making process. See
Educ. Law Ctr. v. NJ Dep’t of Educ., 198 NJ 274 (2009).

 

2.    All Score Cards

a.    This is denied as the requested items are exempt and not subject to
disclosure under OPRA as personnel records and interagency/deliberative
records. See N.J.S.A. 47:1A-6. Also, see Lotito v. N.J. Dep’t of Labor,
Human Res., GRC Complaint No. 2013-65. Also, see Ciesla v. NJ Dep’t of
Health & Senior Serv., et als, 429 NJ. Super. 127 (App.Div. 2012)

 

3.    Any and all documents pertaining to the Police D.C. promotions,
interviews and results

a.    This is item is denied as both overbroad (request must not be broad
and unclear) and for the reasons referenced in the responses above. See
Executive Order No. 26 (Gov. McGreevey, 2002). OPRA is not intended as a
research tool to syphon and identify useful information from government
officials. See MAG Entn’t, LLC v. Div. of Alcohol Beverage Control, 375 NJ
Super. 534 (App. Div. 2005); see also Bent v. Stafford Police Dep’t., 381
NJ Super., 30 (App. Div. 2005).

 

 

Thank you.

 

 

Eddie Lax

Keyboarding Clerk III

City Clerk’s Office

City of Atlantic City

City Hall – Room #704

1301 Bacharach Boulevard

Atlantic City, NJ 08401

Phone: 609.347.5510

Fax: 609.347.6408