Dear Berkeley Township,

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:

Please send your response in PDF form.

1. I seek the 2019 year-end payroll record for each employee of your municipality. Please also provide each employee’s name, title, salary, and length of service pursuant to N.J.S.A. 47:1A-10.

2. I seek the January (breakdown by pay periods) 2020 payroll record(s) for each employee of your municipality. Please also provide each employee’s name, title, salary, and length of service pursuant to N.J.S.A. 47:1A-10.

Please include a Record Index with your response.
*A record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.

Yours faithfully,

ASK NJ Media Co.

Karen Stallings, Berkeley Township

2 Attachments

From: Kristina Schastny
Sent: Friday, February 28, 2020 4:39 PM
To: Karen Stallings; Frederick Ebenau; John Camera
Cc: Beverly Carle; Kristina Schastny
Subject: RE: OPRA request - Employee Payroll Records
Importance: High

Here you are. FYI-the second request for 2020 by pay date cannot be done in Edmunds. Edmunds does not have this ability as per Edmunds IT Department

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ASK NJ Media Co.

Dear Karen Stallings,

Please resend your response in PDF form that I originally requested for.

Yours sincerely,

ASK NJ Media Co.

Karen Stallings, Berkeley Township

2 Attachments

[Subject only] RE: OPRA request - Employee Payroll Records

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ASK NJ Media Co.

Dear Karen Stallings,

It has been past 7 business days since this OPRA request was filed. Please advise as to the status of this request.

Yours sincerely,

ASK NJ Media Co.

Karen Stallings, Berkeley Township

I will be out of the office Friday March 6, 2020 and Monday March 9, 2020.
Please forward any Public Records Requests (OPRA) to the Township Clerk Beverly M. Carle at [Berkeley Township request email]. . Public Records requests and inquiries NOT sent to the Township Clerk will not be processed until March 10, 2020 and the 7 business day response time will be calculated using that date.

Karen Stallings, Berkeley Township

2 Attachments

The response was provided on Tuesday, March 03, 2020 2:03 PM the second request for 2020 by pay date cannot be done in Edmunds. Edmunds does not have this ability as per Edmunds IT Department

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Dear Karen Stallings,

This OPRA request is now considered legally overdue for item #2. I never received any payroll records nor registers for item #2 as of this date of 3-10-2020. Please produce them.

Yours sincerely,

ASK NJ Media Co.

ASK NJ Media Co.

Dear Karen Stallings,

I got the following information from a PDF link for the ‘Handbook for Records Custodians’ regarding OPRA requests. The PDF link is included below. The information can be found on page 25.

What does a proper response to an OPRA request require?
A proper response to an OPRA request:
- is in writing within seven (7) business days!!!
- grants access, denies access, seeks clarification, or requests an extension of time
 -addresses each record requested
 -addresses requestor’s preferred method of delivery
- if special service charge assessed, provides estimate and gives requestor opportunity to accept or reject charge

includes a record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.

https://www.nj.gov/grc/pdf/Custodians%20...

Yours sincerely,

ASK NJ Media Co.

Karen Stallings, Berkeley Township

Dear Requester,
The Finance Department has just provided the Payroll register document (Sent: Thursday, March 12, 2020 11:58 AM) The document is 378 pages and will have to be reduced to paper and redacted as per N.J.S.A. 47:1A-10 As such the cost for the document is $18.90 as per Paff v. Twp. of Teaneck (Bergen), GRC Complaint No. 2010-09 (Interim Order dated May 24, 2011): The Council held that “[a]lthough the actual cost of providing records electronically is likely $0.00 pursuant to [Paff v. Gloucester City (Camden), GRC Complaint No. 2009-102 (Interim Order dated April 8, 2010)], because the Custodian had to make copies to redact the requested minutes prior to providing same electronically, the Custodian’s charge of $6.00 represents the actual cost to provide the records to the Complainant pursuant to N.J.S.A. 47:1A-5(b).” Id. at 17 and affirmed by Madlinger vs Berkeley Township GRC Complaint No. 2018-18 .

A deposit of $10.00 is required before the Township will begin the work as per N.J.S.A. 47:1A-5.f

Once the deposit is received the Township will provide the document within 7 business days of receipt of the deposit.

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ASK NJ Media Co.

Dear Karen Stallings,

Your response is legally overdue...!! I respectfully object to the special service fee. Please redact it digitally through Adobe.

Yours sincerely,

ASK NJ Media Co.

Karen Stallings, Berkeley Township

The Township does not have the software to redact digitally the document has to be reduced to paper in order to redact therefore The document is 378 pages and will have to be reduced to paper and redacted as per N.J.S.A. 47:1A-10 As such the cost for the document is $18.90 as per Paff v. Twp. of Teaneck (Bergen), GRC Complaint No. 2010-09 (Interim Order dated May 24, 2011): The Council held that “[a]lthough the actual cost of providing records electronically is likely $0.00 pursuant to [Paff v. Gloucester City (Camden), GRC Complaint No. 2009-102 (Interim Order dated April 8, 2010)], because the Custodian had to make copies to redact the requested minutes prior to providing same electronically, the Custodian’s charge of $6.00 represents the actual cost to provide the records to the Complainant pursuant to N.J.S.A. 47:1A-5(b).” Id. at 17 and affirmed by Madlinger vs Berkeley Township GRC Complaint No. 2018-18 .

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Dear Karen Stallings,

I do not have $19 to pay for this, which should be public documents. Instead of the specific breakdown in Item #2, can you please instead give me a 2020 year-to-date report that looks like the document you gave me for Item #1, but has information for what has been paid thus far for 2020? Thank you...!!

Yours sincerely,

ASK NJ Media Co.

Karen Stallings, Berkeley Township

1 Attachment

This Response is being provided on the FIRST Business day

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Karen Stallings, Berkeley Township

1 Attachment

This Response is being provided on the FIRST Business day

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