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Job Description & Requirements for the Finance Director

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Dear Old Bridge 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:

A copy of the employment application, academic qualifications for the municipal finance director. Also, a copy of the job description and employment requirements for this position.

Yours faithfully,

John W. Milner

Nicole Czerula, Old Bridge Township

Mr. Milner,

Please be aware that pursuant to Executive Order #26: 3. “No public agency
shall disclose the resumes, applications for employment or other
information concerning job applicants while a recruitment search is
ongoing. The resumes of successful candidates shall be disclosed once the
successful candidate is hired. The resumes of unsuccessful candidates may
be disclosed after the search has been concluded and the position has been
filled, but only where the unsuccessful candidate has consented to such
disclosure.”

 

Respectfully,

Office of the Township Clerk, Stella Ward

By:Nicole Czerula

One Old Bridge Plaza

Old Bridge,  NJ 08857

732-721-5600 ext 2205

[email address]

 

Nicole Czerula, Old Bridge Township

1 Attachment

Mr. Milner,

 

Please also be advised that pursuant to Executive Order 11:

 

“2.Except as otherwise provided by law or when essential to the
performance of official duties or when authorized by a person in interest,
an instrumentality of government shall not disclose to anyone other than a
person duly authorized by this State or the United States to inspect such
information in connection with his official duties, personnel or pension
records of an individual, except that the following shall be public

 

a.An individual's name, title, position, salary, payroll record, length of
service in the instrumentality of government and in the government, date
of separation from government service and the reason therefor; and the
amount and type of pension he is receiving;

 

 

b.Data contained in information which disclose conformity with specific
experiential, educational or medical qualifications required for
government employment or for receipt of a public pension, but in no event
shall detailed medical or psychological information be released.”

 

Therefore, I have attached our Chief Financial Officer’s Certificate from
the Department of Community Affairs to satisfy your request for academic
qualifications, and must deny your other requests for a copy of the
employment application and job description and employment requirements.

 

Additionally, pursuant to N.J.S.A.  40A:9-140.2, 9-104.3, 9-104.10 and
9-140.13, each municipality is required to have a municipal finance
officer and commencing January 1, 1991, not person shall be appointed or
reappointed as a chief financial officer unless he holds a municipal
finance officer certificate issued pursuant to N.J.S.A. 40A;9-140.1 et
seq.   

 

Respectfully,

Office of the Township Clerk, Stella Ward

By:Nicole Czerula

One Old Bridge Plaza

Old Bridge,  NJ 08857

732-721-5600 ext 2205

[email address]

 

 

 

From: Nicole Czerula
Sent: Friday, July 05, 2019 1:26 PM
To: '[OPRA #5978 email]'
<[OPRA #5978 email]>
Subject: Opra 2019-481

 

Mr. Milner,

Please be aware that pursuant to Executive Order #26: 3. “No public agency
shall disclose the resumes, applications for employment or other
information concerning job applicants while a recruitment search is
ongoing. The resumes of successful candidates shall be disclosed once the
successful candidate is hired. The resumes of unsuccessful candidates may
be disclosed after the search has been concluded and the position has been
filled, but only where the unsuccessful candidate has consented to such
disclosure.”

 

Respectfully,

Office of the Township Clerk, Stella Ward

By:Nicole Czerula

One Old Bridge Plaza

Old Bridge,  NJ 08857

732-721-5600 ext 2205

[1][email address]

 

References

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1. mailto:[email address]

Dear Nicole Czerula,

I would like to modify my request, and ask for the employment application and academic qualifications for the finance director. The other items I obtained from state law books.

In your reply to me, you cite Governor Byrne's Executive Order# 11, issued November 11, 1974, which was overturned by Governor McGreevey's Executive Order# 26, issued August 13, 2002. While the old law says personnel information should not be disclosed, the new law says, "The resume of successful candidates shall be disclosed once the successful candidate is hired." Mr. Shah has been the finance director since 1991, and he still maintains that position despite his dual appointment as Business Administrator. If a recruitment search is on for a new finance director, I am not aware of that. Likewise, with the mayor's appointment of Shah as Business Administrator, the municipality stopped advertising for that position back in March. I recall that when the position of finance director was filled in 1991, notice of this was posted in The Star Ledger, and Shah had an MBA in Accounting from Rutgers University. However, today his municipal biography says he hold a degree from India. I would like clarification of this, which is why I ask for confirmation of his education qualifications with a copy of his diploma. Thank you.

Yours sincerely,

John W. Milner

Nicole Czerula, Old Bridge Township

1 Attachment

Mr. Milner,
Please be aware that our legal department has reviewed your request and it
has been determined that you have been provided the necessary
qualifications for Business Administrator, that being the Certificate of
Municipal Finance Office. As you were previously advised, this is what is
required pursuant to NJSA 40A:9-140.2, 9-104-.3, 9-104.10 and 9-140.13,
each municipality is required to have a municipal finance officer and
commencing January 1, 1991, no person shall be appointed or reappointed as
a chief financial officer unless he or she holds a municipal finance
officer certificate issued pursuant to NJSA 40A:9-140.1 et seq.
Your request for a diploma is therefore being denied because it is not a
required document for the position of Chief Financial Officer.
Additionally, a diploma is not considered a government record under NJSA
47:1A-1.1 and the definition section that includes "any record that has
been made, maintained, or kept on file in the course of official business,
or that has been received  in the course of official business" ; therefore
it does not exist.
 
Respectfully,
Office of the Township Clerk, Stella Ward
By:Nicole Czerula
One Old Bridge Plaza
Old Bridge,  NJ 08857
732-721-5600 ext 2205
[email address]
 
 
 

show quoted sections

Dear Nicole Czerula,

My request for an employment application is black and white correct. A governor's executive order is the same as legislative law. Similar to Governor Christie's executive order for a state payroll transparency website, Governor McGreevey's executive order is quite correct. It is state law, and if you need the help of lawyering on this, I would like to know why.

With regards to a copy of a diploma, is it the policy of the Old Bridge Personnel Department to request a copy of a degree upon the hiring of personnel? This would be in agreement with standard hiring practices in the private sector. If it is the policy, and it should be, then certainly, it meets the definition of a public record ("any record that has been maintained or kept on file in the course of official business"). If it is not the policy, then extreme ineptness is at work in Personnel, perhaps meeting the definition of criminal negligence, and I hope that is not the case.

Yours sincerely,

John W. Milner

Stella Ward, Old Bridge Township

Mr. Millner:

 

Please be advised that your OPRA Request has been completed.

 

In response to your e-mail dated July 17, 2019,  be advised that OPRA is
for Documents ONLY. The ONLY required documents for the Business
Administrator that you requested have been supplied to you already. The
Employment Application shall not be disclosed per Executive Order # 11,
Except for:  2b. Data contained in information which disclose conformity
with specific experiential, educational or medical qualifications required
for government employment or for receipt of a public pension, but in no
event shall detailed medical or psychological information be released.

 

You have already received our Chief Financial Officer’s Certificate from
the Department of Community Affairs to satisfy your request for academic
qualifications. As stated above, we must deny your other requests.

 

We have complied with your OPRA Request and you have everything that we
are able to give you.

 

 

Stella Ward, RMC, CMR

Township Clerk/Registrar of Vital Statistics

Township of Old Bridge

One Old Bridge Plaza

Old Bridge, N.J. 08857

Phone: 732-721-5600 Ext. 2211

E-mail:  [email address]

 

 

We don't know whether the most recent response to this request contains information or not – if you are John W. Milner please sign in and let everyone know.