Dear Ocean County College,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.

Records requested:

The title/position, department, hire date, termination date and reason for termination for the following employees:

Margaret W. Boese
Milton T. Estelle
Walter O. Maxymuk
Kathleen M. McCormick
W. Gert Niers
Charles E. Read

Thank you,

Resident

Ann Feneis, Ocean County College

1 Attachment

This is being sent on behalf of the Custodian of Records, Sara Winchester:

Dear Resident,

In response to your OPRA request, please see the attached document.

Thank you.

ANN M. FENEIS
SPECIAL ASSISTANT TO THE EXECUTIVE VICE PRESIDENT
OF FINANCE AND ADMINISTRATION
OCEAN COUNTY COLLEGE
TOMS RIVER, NJ 08754
(732) 255-0400 Ext. 2049
[OCC request email] | www.ocean.edu
 

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Dear Ms. Feneis,

Thank you for the information. I do have something to ask, if you could pass it along to Ms. Winchester: When the complete list of current & terminated employees were sent in these two files in my previous request: https://opramachine.com/request/employee...

Why were none of these employees listed in those files? Even the still-active employee (McCormack) is not listed on the active employee list. What is the reason for that discrepancy?

Thank you,

Resident

Ann Feneis, Ocean County College

This is being sent on behalf of Sara Winchester, Custodian of Records:

Dear Resident:

The request for active and terminated employees were just full time and part time regular employees. The second list requested of those six individuals on 07/09 were Adjuncts and P/T Teachers.

Please note that OPRA operates to make identifiable government records “readily accessible for inspection, copying, or examination.” N.J.S.A. § 47:1A-1; MAG Entertainment, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div. 2005). MAG Entertainment, LLC held, “[w]hile OPRA provides an alternative means of access to government documents not otherwise exempted from its reach, it is not intended as a research tool litigants may use to force government officials to identify and siphon useful information.” Id. at 547. “Under OPRA, agencies are required to disclose only ‘identifiable’ government records not otherwise exempt. Wholesale requests for general information to be analyzed, collated and compiled by the responding government entity are not encompassed therein.” Id. at 549; see also Bent v. Stafford Police Dep’t, 381 N.J. Super. 30, 37 (App. Div. 2005) (holding that OPRA only allows requests for records as contrasted from information, and to qualify under OPRA a request must reasonably identify a record and not generally data, information or statistics). The Appellate Division repeated these principles in holding:

[A]gencies are only obligated to disclose identifiable government records. The statute “only allows requests for records, not requests for information.” A proper request “must identify with reasonable clarity those documents that are desired.” “Wholesale requests for general information to be analyzed, collated and compiled” by the agency are outside OPRA’s scope.

Burke v. Brandes, 429 N.J. Super. 169, 174 (App. Div. 2012) (citations omitted); see also Lagerkvist v. Office of Governor of State, 443 N.J. Super. 230, 237 (App. Div. 2015) (holding that OPRA does not convert a custodian into a researcher, which would have been the effect of the request).

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Dear Ms. Feneis,

Thank you for the explanation. I thought every employee of any organization would be considered either part-time or full-time, but I guess not.

Yours sincerely,

Resident