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.
I request the reason for the vast difference in regular and gross pay in the documents previously provided under OPRA request previously answered and labled “PAY” . I request any document or spreadsheet which shows the reason for this pay difference such as but not limited to, additional job titles said employees are compensated for , bonuses or allowances and the amount for each. Where does the total money come from on top of salary to get to the total referred to as gross in the document you provided for each employee ? I request this for the year 2018. The employees are . Beverly Carle, Anthony Cirz, Fredrick Ebeneu, Maureen Cosgrove, Robert O’Brien, Gina Russo, Steven Seiler, Mark Vannella, Tim Yurcisin, Eric Zanetti, John Camera, Tara Askew, Debbi Winogracki, Ken Anderson, Ted Mc Fadden, Rejean Laliberte.
"the reason for the vast difference in regular and gross pay in the documents previously provided under OPRA request" This is not a request for a document as defined by ’ N.J.S.A. 47:1A-1. Et seq. -
MAG Entm’t, LLC v. Div. of Alcohol Beverage Control, 375 N.J. Super. 534 (App. Div. 2005):
The Court held that “[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. Rather, OPRA simply operates to make identifiable government records ‘readily accessible for inspection, copying, or examination.’ N.J.S.A. 47:1A-1.” (emphasis added). The Court further held that “[u]nder OPRA, agencies are required to disclose only ‘identifiable’ government records
"request any document or spreadsheet which shows the reason for this pay difference" - The Township does not have any documents responsive to this portion of your request see below:
Matthews v. City of Atlantic City (Atlantic), GRC Complaint No. 2008-123 (February 2009): The Council decided that a custodian “was under no obligation to create a list compatible to the Complainant’s OPRA request because OPRA does not require a custodian to produce new documents . . .” Id. at 6.
Librizzi v. Twp. of Verona Police Dep’t, GRC Complaint No. 2009-213 (August 2010): The Council held that the custodian was under no obligation to create a record in response to the complainant’s OPRA request.
Goeckel v. Chatham Borough Police Dep’t (Morris), GRC Complaint No. 2013-356 (July 2014): The Council noted that “[t]he GRC has determined that a custodian was under no obligation to provide a record that had not been created at the time of an OPRA request. Blau v. Union Cnty., GRC Complaint No. 2003-75 (January 2005); Paff v. v. Neptune Twp. Hous. Auth. (Monmouth), GRC Complaint No. 2010-307 (Interim Order dated April 25, 2012); Delbury v. Greystone Park Psychiatric Hosp. (Morris), GRC Complaint No. 2013-240 (Interim Order dated April 29, 2014).” Id. at 3.