Dear Berkeley Township,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.

Records requested:

-monthly statements of all funds and accounts managed controlled or touched by the township between <January 1 2015 and January 1 2018>:

current, dog, developer or trust escrow, tax collector, municipal alliance, township clerk, municipal court bail account, municipal court regular account, payroll, affordable housing trust fund, petty cash, public defender trust fund, general capital fund, and grant fund

-monthly statements of all investments and deposits: <between January 1 2015 and January 1 2018>:

-the names of any institutions holding funds of the township

-the amount of securities or deposits purchased or sold and the value and amount during the immediately preceding month and the date of each transaction.

-the class or type of securities purchased or deposits made.

-the book value of such deposits or permitted investments.

-the earned income on such deposits or permitted investments (to the extent such amounts may be actually earned at maturity or immediately preceding month).

-the fees incurred to undertake such deposits or permitted investments.

-all audits for 2015, 2016, 2017 (complete and summary conclusions)

-all federal and state income tax returns documents including any correspondence between the township and the state or federal internal revenue service for tax years: 2015 2016 and 2017

Yours faithfully,

J.S.T.

Karen Stallings, Berkeley Township

5 Attachments

Below is the response to your request as of this date the 2017 audit is not complete however as with all audits and budgets when they are complete they are posted on the Townships website:
http://www.berkeleytownship.org/services...

The CFO is requesting clarification on items #1, #2, and #3
1.-monthly statements of all funds and accounts managed controlled or touched by the township between <January 1 2015 and January 1 2018>: WHAT MONTHLY STATEMENTS?

2. current, dog, developer or trust escrow, tax collector, municipal alliance, township clerk, municipal court bail account, municipal court regular account, payroll, affordable housing trust fund, petty cash, public defender trust fund, general capital fund, and grant fund CURRENT WHAT?

3 -monthly statements of all investments and deposits: <between January 1 2015 and January 1 2018>: BANK STATEMENTS?

4 -the names of any institutions holding funds of the township OCEANFIRST BANK

5 -the amount of securities or deposits purchased or sold and the value and amount during the immediately preceding month and the date of each transaction. $0.00

6 -the class or type of securities purchased or deposits made. N/A

7 -the book value of such deposits or permitted investments. N/A

8 -the earned income on such deposits or permitted investments (to the extent such amounts may be actually earned at maturity or immediately preceding month). FOR WHAT PERIOD? SAME IS IN THE AUDIT REPORTS.

9-the fees incurred to undertake such deposits or permitted investments. $0.00

10 -all audits for 2015, 2016, 2017 (complete and summary conclusions) 2017 NOT COMPLETE 2015 and 2016 attached

11 -all federal and state income tax returns documents including any correspondence between the township and the state or federal internal revenue service for tax years: 2015 2016 and 2017 THE TOWNSHIP IS TAX EXEMPT AND THEREFORE DOES NOT FILE INCOME TAX RETURNS

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Dear Karen Stallings,
1 all monthly financial statements for all accounts for times listed
2 see #1 listed above
3 yes for all township accounts
8 yes
9 please confirm this is for 2015 2016 2017
11 realizing you are tax exempt, is it your position that the township has neither received nor sent any correspondence with both the state and federal internal revenue service for the times listed?

Yours sincerely,

JerseyStyle

Karen Stallings, Berkeley Township

I will be out of the office Friday August 23, 2018. Please contact Township Clerk Beverly M. Carle for assistance and public records requests (OPRA) [Berkeley Township request email] or 732-244-7400 ext. 1205.

Karen Stallings, Berkeley Township

1. We do not do Monthly Financial Statements, so this does not exist

2. Same as #1

3 yes for all township accounts
With regard to monthly statements of all investments and deposits: <between January 1 2015 and January 1 2018, - The request is voluminous and contains approximately 11,500 8x11 sheets of paper which will have to be printed out for redactions so the cost for the copies will be approximately $575.00 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.
Also complying with this request will require an extraordinary expenditure of time and resources and pursuant to NJSA 47:1A-5(c) I estimate it will take approximately 35 hours to retrieve, review redact and reproduce the documents. The estimated cost is: A. copies, approximately 11,500 x .05=$575.00, B. 35hrs x $13.97 hourly rate=$488.95 for a Total of $1063.95, which is subject to change based upon the actual number of pages.
We will require a $500.00 deposit to begin the work and 30 days from date of deposit to complete the process.

8. The only interest earnings would be from the bank and can be found in the audit (previously provided) as an annual amount or on the individual bank statements when found.

9. Confirmed

11. Yes, the Township is exempt from filing any Income Tax Return

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Dear Karen Stallings,

We reject any request for costs, deposits, or fees to comply with this OPRA as any estimates and approximations of records and fees are a method in which you are utilizing to delay, obfuscate, or impede complying with the OPRA request. The requested records are accessible in digital format from auditors, banks, and other sources without a need for timely redactions or fees. Please fulfill our request.

Yours sincerely,

JerseyStyle

Karen Stallings, Berkeley Township

After consulting with the bank Berkeley Township can comply with your request. However January 2015 - April 2015 is NOT available digitally. May 2015-January 2018 can be provided no later than Thursday, September 20, 2018.

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Karen Stallings, Berkeley Township

1 Attachment

Upon further review of those bank statements even though the main bank account numbers are redacted from the bank (see attached Sample) there are full bank account numbers that appear within the statement from transfers and electronic payments WHICH THE PUBLIC IS NOT ENTITLED TO and I have redacted as per N.J.S.A. 47:1A-1.1 therefore the Township is going to require payment 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.

If you would like that statements for the "Current Fund" only without the cancelled checks that will be approximately 420 pages. Complying with the revised request will still require an extraordinary expenditure of time and resources and pursuant to NJSA 47:1A-5(c) I estimate it will take approximately 10 hours to retrieve, review redact and reproduce the documents. The estimated cost is:
A. copies, approximately 420 x .05=$21..00, B. 10hrs x $13.97 hourly rate=$139.70 for a Total of $167.70, which is subject to change based upon the actual number of pages.

We will require a $80.00 deposit to begin the work and 20 days from date of deposit to complete the process. Upon payment of the full cost for reproduction the documents will be released.

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