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.
All sent and received emails for employee Debbie Winogracki from October 1, 2019 through February 5, 2020. Include subject and body of email when permitted.
Requesting records of Job title, job description, job qualifications, and salary for employee Mark Dykoff. Please include job announcement or posting for the position, and any civil service paperwork or personnel action forms or resolutions that the town has for hiring Mark Dykoff.
Dear Berkeley Township,
Can you let me know status of my request?
1. All sent and received emails for employee Debbie Winogracki from October 1, 2019 through February 5, 2020. Include subject and body of email when permitted:
This portion of your request will have to be reduced to paper for redactions as per N.J.S.A. 47:1A-1.1 (24). It is also voluminous there are approximately 2600 emails consisting of approximately 6000 letter size pages at .05 cents per page. To retrieve, reduce to paper and redact will take approximately 100 plus man-hours.(Approximately 1 minute per page) The estimated cost is $300.00 for AT LEAST 6000 letter size pages As per [Paff v. Gloucester City (Camden), GRC Complaint No. 2009-102 (Interim Order dated April 8, 2010 and affirmed by Madlinger vs Berkeley Township GRC Complaint No. 2018-18, and $1746.00 for labor $17.46 per hour x 100 hours, for a total of approximately $2046.00 (The cost could likely exceed that amount)
A deposit of $1023.00 is required before the Township will begin the work as per N.J.S.A. 47:1A-5.f.. Once the Deposit is received the Township will require 28 Business days to provide the Documents
2. any civil service paperwork or personnel action forms - Denied as per N.J.S.A. 47:1A-10 -
3. Resolutions - No Documents Responsive
4. Job title, job description, job qualifications, and salary for employee Mark Dykoff - title: Recreation Director, Unclassified Civil Service position #06935 and his salary: $80,000
Dear Karen Stallings,
In regards to the 2600 emails, you are saying it’s over 6000 pages, so each email averages over 2 pages? Seems excessive and an attempt to not release requested records. I will amend my request for the emails logs of Debbie Winogracki for the same time period to prevent such an excessive burden on the Township, then will decide from there whether how to proceed. Why would a record establishing the position and salary of Recreation Director be denied under N.J.S.A. 47:1A-10? Please clarify the denial. Please clarify that by saying no responsive documents in regard to the position of Recreation Director being posted as vacant, means that the a job vacancy announcement does not exist.
I will be out of the office Tuesday February 18, 2020 and Wednesday February 19, 2020, Township Offices are Closed Monday February 17, 2020. Please forward any Public Records Requests (OPRA) to the Township Clerk Beverly M. Carle [Berkeley Township request email]. Public Records requests received at or after 4 pm Friday February 14, 2020 will not be processed until Tuesday, February 18, 2020 and the 7-Business Days will be calculated using that date. Public Records requests NOT sent to the Township Clerk will not be processed until February 20, 2020
Dear Karen Stallings,
Can you please respond to my email dated February 15, 2020. I understand you were out of office a few days but it’s been over a week.
Dear requestor you are still asking for a log that contains four(4) months - worth of emails that have to be reviewed and redacted for Personal Identifying information. as per N.J.S.A. 47:1A-1.1 (24). There are 2600 emails in both her inbox and outgoing emails. This will take approximately 10 hours of a Township employees time. The estimated cost is $176..40 ($17.46 x 10 hours) a deposit of $87.30 will be required before the Township will begin the work as per N.J.S.A. 47:1A-5.f.
Deposits and Prepayments
OPRA permits the custodian to require a deposit or prepayment of fees for requests received from anonymous requestors. N.J.S.A. 47:1A-5.f. An agency may require a deposit or prepayment of fees when a request is voluminous, unusual or requires the use of an outside vendor. If a permissible anonymous request involves making copies and the estimated cost exceeds $5.00, the custodian may request a deposit
Why would a record establishing the position and salary of Recreation Director be denied under N.J.S.A. 47:1A-10? - Because your request was for "any civil service paperwork or personnel action forms" and this statute clearly says that all personnel and pension records are not public records, "except that: an individual's name, title, position, salary, payroll record, length of service, date of separation and the reason therefor, and the amount and type of any pension received shall be a government record;". The job title was requested and given, the job description was requested and given, the job qualifications were requested but none exist for that Civil Service position and the salary was requested and given.
Please clarify that by saying no responsive documents in regard to the position of Recreation Director being posted as vacant, means that the a job vacancy announcement does not exist. - My response of "No Documents Responsive" was to your request for Resolutions and there are none. In regard to your new question/request for a job vacancy announcement, the Township does not have any responsive documents.
Dear Karen Stallings,
In December 2019 email logs for Tara Askew were requested and provided without the obstruction of saying there are too many when in fact her logs were almost 1000 emails. Therefore, I will modify my request for a month at a time. Please provide all email logs for Debbie Winogracki for November 1, 2019 to December 1, 2019. Please respond accordingly to prevent me filing a complaint against the Township. Thank you.
All Redactions were done as per N.J.S.A. 47:1A-1 24)
N.J.S.A. 47:1A-1 (Legislative Findings) 24) Privacy Interest - “a public agency has a responsibility and an obligation to safeguard from public access a citizen's personal information with which it has been entrusted when disclosure thereof would violate the citizen's reasonable expectation of privacy.”
Burnette v. County of Bergen, 198 N.J. 408 (2009). Without ambiguity, the court held that the privacy provision “is neither a preface nor a preamble.” Rather, “the very language expressed in the privacy clause reveals its substantive nature; it does not offer reasons why OPRA was adopted, as preambles typically do; instead, it focuses on the law’s implementation.” “Specifically, it imposes an obligation on public agencies to protect against disclosure of personal information which would run contrary to reasonable privacy interests.”