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 cell phone photograph of the 2018 year-end payroll information for:
The mayor
The 9 council members
The police chief
The head municipal judge

Note: A copy of a W-2 will suffice, as long as the information is valid proof of income. Unfortunately, wage information supplied by the CFO on the township website is not valid proof of income because: 1) The reports have no official title, 2) There is no guarantee that the numbers came directly from the payroll system, and 3) The report has no grand total, which should be traceable to other payroll records and the annual report.

This request is guided by the following state laws:
47 NJ 1A-1(1) "It is the public policy of the state that government records be readily accessible for inspection, copying, and examination by the citizens of the state".
47 NJ 1A-(10) "An individual's salary (and) payroll record shall be a government record".
47 NJ 1A-(5)e "Immediate access shall be granted to bills, vouchers, and public employee salary and overtime information". 'Immediate access' means, "on the spot" access.

Yours faithfully,

John W. Milner

Nicole Czerula, Old Bridge Township

1 Attachment

Mr. Milner,

Please see the response to your previous identical request.

 

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: Thursday, June 06, 2019 4:18 PM
To: 'John Milner'
Subject: Old Bridge Opra 2019-393

 

Mr. Milner,

Please see the attached document pursuant to your request.

 

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]

 

Dear Nicole Czerula,

From my above request, please be advised that:

A copy of a W-2 will suffice, as long as the information is valid proof of income.
Unfortunately, wage information supplied by the CFO on the township website, or on a separate spreadsheet, as is the case in my second request, is not valid proof of income because:
1) The report has no official title.
2) There is no guarantee that the numbers came directly from the payroll system.
3) The report has no grand total (the CFO's website numbers), which should be traceable to other payroll records (a payroll register, year-end W-2 totals) and the annual report.

Yours sincerely,

John W. Milner

Ken Lozier (Legal), Old Bridge Township

Mr. Milner;

 

                I am in receipt of your request for W-2 documents for
certain Municipal employees. The Clerks’s office has already responded to
your request with the payroll document as required under the OPRA
statutes. Your request to have a cell phone photograph is denied as the
Township is not required to make documents for OPRA requests. Be also
advised that pursuant to NJSA 47:1A-10 the only information required to be
provided has been provided already and we will not be providing any
additional document including W-2 which is a tax document which you are
not entitled to pursuant to Federal law.

 

                Please be guided accordingly.    

 

Kenneth W. Lozier

Assitant Township Attorney

 

Dear Ken Lozier (Legal),

Please, don't be defiant of law. The records I am requesting are already made; they were created on the payroll system. I am simply asking for verifiable proof of income. Recall that unlike the private sector, public employment is a public trust, and employees are accountable to the public.

With your reply to me, you are extremely defiant of state statute. You know, as well as I, what the Open Public Records Act is all about. On March 25th, I had it out with Mark Roselli at an Old Bridge Town Hall meeting, and for that reason he has a lawsuit against him. With your action, you are taking another step towards aiding and abetting the hiding of salaries by the mayor and town council. I will definitely get this information for the lawsuit. Please be stand up correct with me.

Yours sincerely,

John W. Milner