Fire Department / Rescue Squad Length Of Service Award Program (LOSAP) Documents

The request was partially successful.

NJ-SR for Open Gov

Dear South River Borough,

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:

1) Provide document / file with the name of member(s) and amount of (LOSAP) monies for each member of the South River Fire Department and South River Rescue Squad and for each calendar year listed below:

a. Annual LOSAP summary report for South River Fire Department :
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018

b. Annual LOSAP summary report for South River Rescue Squad :
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018

Yours faithfully,

NJ-SR for Open Gov

Bill Bray, South River Borough

Good morning,
Your request was sent to a spam folder and was just discovered this morning, Therefore, we will be extending the response deadline to April 3, 2019, seven business days from today.
Thanks,

Bill Bray, RMC
Borough Clerk
Borough of South River
48 Washington Street
South River, NJ 08882
(732) 257-1999, ext. 116
Fax (732) 613-6105

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Bill Bray, South River Borough

Good afternoon,

According to NJSA 47:1A-10 and NJAC 5:30-14.51 the records you have requested are not disclosable.
The LOSAP plan is essentially a pension plan. The Court in Wolosky v. Borough of Wash., No. A-4884-15T3, 2017 N.J. Super. Unpub. LEXIS 2868, at *5 (App. Div. Nov. 17, 2017), held that pension payments were not disclosable under NJSA 47:1A-10. Additionally, the statute does not specify that the personnel records must be for employees or former employees.

Finally, NJAC 5:30-14.51 states “All records regarding participation, amounts awarded, account balances, withdrawals, and any other information regarding a participant's account shall be held confidential by the local plan administrator and the contractor.”
However, since the list of eligible participants are already public knowledge, the list of names are subject to release.
If you still want the records, understanding that everything except for the names of participants shall be redacted, the Borough will need another five business days to redact the records you requested. This is due to the unforeseen amount of redaction that must take place. If you no longer wish to have the records, please let my office know so that we can avoid the investment of borough employee time in this endeavor.

Thanks,

Bill Bray, RMC
Borough Clerk
Borough of South River
48 Washington Street
South River, NJ 08882
(732) 257-1999, ext. 116
Fax (732) 613-6105

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Bill Bray, South River Borough

1 Attachment

Good afternoon,
Attached are the records you requested with the previously described redactions.
This request is fulfilled. Should you require any other records please submit a new request.

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