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OPRA request for current and previous employee contract

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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:

Please provide in electronic form the information requested below for the following former employees of the Borough of South River.

Wesley Bomba
John Bouthillette
Thomas Karanewski
Joseph Kolakowski
Fred Carr
Charles Kolakowski
Joseph Kunz
Jack Layne
Sheryl Nevin
Patricia O’Connor
Dawn Rodrigues
Andrew Salerno
Brian Valentino

1) Initial Date of Hire
2) Date of Termination/Separation
3) Initial Labor Contract
4) All Subsequent Labor Contracts
5) Initial Rate of pay
6) All salary increases for (inclusive of date and amount)
7) Final rate of pay
8) Final Separation/Termination Agreement
9) Any additional agreement for Payment of Medical Benefits after separation
10) Any additional agreement for Payment of Dental Benefits after separation

Please provide in electronic form the information requested below for the following employee of the Borough of South River.

11) Initial Date of Hire for Joseph Zanga
12) All Subsequent Labor Contracts for Joseph Zanga
13) All salary increases for Joseph Zanga (inclusive of date and amount)
14) Current rate of pay for Joseph Zanga

Yours faithfully,

frank amato

Bill Bray, South River Borough

Good evening,

Due to the size of your request and the need to locate some of the requested records or to determine if the borough has responsive records or if such records have been destroyed, the Borough will need an extension to fulfill this request to Friday, Jan. 18, 2019. Please note that the borough will be providing a large number of the requested records on Tuesday, Jan. 15. Unfortuanetly, the scan and labling of these document was not completed this evening. Tonight we have Borough Council meeting and I must stop now and resume my duties to prepare for this meeting.
Thank you for your patience.

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

show quoted sections

Bill Bray, South River Borough

8 Attachments

Dear Frank Amato,

The Borough of South River received your Open Public Records Act (OPRA) request on January 3, 2019. The official Records Custodian, William Bray, received your OPRA request on January 3, 2019. As such, the seven (7) business day deadline to respond to your request was January 14, 2019. On January 14, 2019, the official Records Custodian, William Bray, informed you that this request requires an extension to Friday, January 18, 2019. This response to your request is being provided to you on the 8th business day after the custodian’s receipt of said request.

Your OPRA request sought access to the following:

Please provide in electronic form the information requested below for the following former employees of the Borough of South River.

Wesley Bomba, John Bouthillette, Thomas Karanewski, Joseph Kolakowski, Fred Carr, Charles Kolakowski, Joseph Kunz, Jack Layne, Sheryl Nevin, Patricia O’Connor, Dawn Rodrigues, Andrew Salerno, Brian Valentino

1) Initial Date of Hire
2) Date of Termination/Separation
3) Initial Labor Contract
4) All Subsequent Labor Contracts
5) Initial Rate of pay
6) All salary increases for (inclusive of date and amount)
7) Final rate of pay
8) Final Separation/Termination Agreement
9) Any additional agreement for Payment of Medical Benefits after separation
10) Any additional agreement for Payment of Dental Benefits after separation

Please provide in electronic form the information requested below for the following employee of the Borough of South River.

11) Initial Date of Hire for Joseph Zanga
12) All Subsequent Labor Contracts for Joseph Zanga
13) All salary increases for Joseph Zanga (inclusive of date and amount)
14) Current rate of pay for Joseph Zanga

Items number 1, 2, 5, 6, and 7 are requests that seek information and do not identify specific government records. These items fail to identify a record, and fail to provide a time frame when any responsive record was created or put on file with the Borough .
As such, your request is an invalid OPRA request and is denied. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007).

A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005).
Custodians are not required to conduct research or create new records in response to an OPRA request. Based upon the foregoing, please provide clarification for your requests under items 1,2,5,6 and 7. Additionally, please be advised the retention period for contracts is 6 years, Individual Employee Jacket file records is 6 years. According to our document database, records for the time covering these employees have been destroyed. Once clarification is received, the Borough will respond accordingly.

In an effort to fulfill your request and be transparent, the Records Custodian, William Bray, attempted to determine when the listed employees worked for the Borough and what positions they held. Attached please find the following documents that are responsive to the remaining items not mentioned above:

Page 52 and 53 of the Employee Manual which describes retirees’ eligibility for health benefits. (responsive to Items 9 & 10)

Resolution Appointing Joseph Zanga CFO
2010 Salary Resolution
2013 Salary Resolution
2014 Salary Resolution
2015 Salary Resolutions
2016 Salary Resolution
2008 Salary Resolution
2010 Salary Resolution
2008 Employment Contract amendment for Andrew Salerno with authorizing resolution
2007 Employment Contract amendment for Andrew Salerno with authorizing resolution
2012 Employment Contract amendment for Andrew Salerno with authorizing resolution with resolution to retire
2006 Employment Contract for Wesley Bomba with authorizing resolution
2008 Employment Contract for Wesley Bomba with resolution
2009 Employment Contract for John Bouthillette with resolution
2006 Employment Contract for John Bouthillette with resolution
2008 Employment Contract for John Bouthillette with resolution
2012 Employment Contract for Fred Carr with resolution
2015 Employment Contract for Fred Carr with resolution and 2017 resolution terminating Fred Carr
Jack Layne Separation agreement
Jack Layne part time Employment Contract with authorizing resolution
Jack Layne full time Employment Contract with authorizing resolution
2002 Brian Valentino resignation resolution
2002 Brian Valentino separation resolution
2003 Dawn Rodrigues permanent hire resolution
2001 Meeting Minutes extract listing resignation letter from Thomas Karanewski

If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of South River to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.

Yours truly,

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

Bill Bray, South River Borough

13 Attachments

Dear Frank Amato,

The Borough of South River received your Open Public Records Act (OPRA) request on January 3, 2019. The official Records Custodian, William Bray, received your OPRA request on January 3, 2019. As such, the seven (7) business day deadline to respond to your request was January 14, 2019. On January 14, 2019, the official Records Custodian, William Bray, informed you that this request requires an extension to Friday, January 18, 2019. This response to your request is being provided to you on the 8th business day after the custodian’s receipt of said request.

Your OPRA request sought access to the following:

Please provide in electronic form the information requested below for the following former employees of the Borough of South River.

Wesley Bomba, John Bouthillette, Thomas Karanewski, Joseph Kolakowski, Fred Carr, Charles Kolakowski, Joseph Kunz, Jack Layne, Sheryl Nevin, Patricia O’Connor, Dawn Rodrigues, Andrew Salerno, Brian Valentino

1) Initial Date of Hire
2) Date of Termination/Separation
3) Initial Labor Contract
4) All Subsequent Labor Contracts
5) Initial Rate of pay
6) All salary increases for (inclusive of date and amount)
7) Final rate of pay
8) Final Separation/Termination Agreement
9) Any additional agreement for Payment of Medical Benefits after separation
10) Any additional agreement for Payment of Dental Benefits after separation

Please provide in electronic form the information requested below for the following employee of the Borough of South River.

11) Initial Date of Hire for Joseph Zanga
12) All Subsequent Labor Contracts for Joseph Zanga
13) All salary increases for Joseph Zanga (inclusive of date and amount)
14) Current rate of pay for Joseph Zanga

Items number 1, 2, 5, 6, and 7 are requests that seek information and do not identify specific government records. These items fail to identify a record, and fail to provide a time frame when any responsive record was created or put on file with the Borough .
As such, your request is an invalid OPRA request and is denied. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007).

A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005).
Custodians are not required to conduct research or create new records in response to an OPRA request. Based upon the foregoing, please provide clarification for your requests under items 1,2,5,6 and 7. Additionally, please be advised the retention period for contracts is 6 years, Individual Employee Jacket file records is 6 years. According to our document database, records for the time covering these employees have been destroyed. Once clarification is received, the Borough will respond accordingly.

In an effort to fulfill your request and be transparent, the Records Custodian, William Bray, attempted to determine when the listed employees worked for the Borough and what positions they held. Attached please find the following documents that are responsive to the remaining items not mentioned above:

Page 52 and 53 of the Employee Manual which describes retirees’ eligibility for health benefits. (responsive to Items 9 & 10)

Resolution Appointing Joseph Zanga CFO
2010 Salary Resolution
2013 Salary Resolution
2014 Salary Resolution
2015 Salary Resolutions
2016 Salary Resolution
2008 Salary Resolution
2010 Salary Resolution
2008 Employment Contract amendment for Andrew Salerno with authorizing resolution
2007 Employment Contract amendment for Andrew Salerno with authorizing resolution
2012 Employment Contract amendment for Andrew Salerno with authorizing resolution with resolution to retire
2006 Employment Contract for Wesley Bomba with authorizing resolution
2008 Employment Contract for Wesley Bomba with resolution
2009 Employment Contract for John Bouthillette with resolution
2006 Employment Contract for John Bouthillette with resolution
2008 Employment Contract for John Bouthillette with resolution
2012 Employment Contract for Fred Carr with resolution
2015 Employment Contract for Fred Carr with resolution and 2017 resolution terminating Fred Carr
Jack Layne Separation agreement
Jack Layne part time Employment Contract with authorizing resolution
Jack Layne full time Employment Contract with authorizing resolution
2002 Brian Valentino resignation resolution
2002 Brian Valentino separation resolution
2003 Dawn Rodrigues permanent hire resolution
2001 Meeting Minutes extract listing resignation letter from Thomas Karanewski

If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of South River to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.

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

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