I am in receipt of your request for the following.

"All applications received for the Township Manager"

Your OPRA Request is granted, in part. OPRA upholds exemptions in other regulations, laws, and executive orders. To that end, Executive Order No. 26 (Gov. McGreevey 2002) provides as follows: “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.” Accordingly, the resume of the successful candidate for the position, Mr. Joe Bellina, has been provided to you with appropriate redactions to preserve the confidentiality of his home address, phone number, and personal email address (if any). See Rodriguez v. Kean University, GRC Complaint No. 2014-106 (June 30, 2015); see also, Scheeler v. State , Dep’t of Child. & Fams., 2017 WL 6546970 (App. Div. Dec. 21, 2017)(unpublished); N.J.S.A. 47:1A-1 (“a public agency has a responsibility and an obligation to safeguard from public access a citizen’s personal information with which it has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”).

Your request for the applications/resumes of unsuccessful candidates for the Township Administrator position is, however, denied, in accordance with EO 26 unless and until those persons consent to the release of those records.

To the extent you requested records pursuant to Common Law and those records were not provided to you (i.e. unsuccessful candidates résumés), you have not set forth an interest in the requested records. The Township, meanwhile has an interest in preserving the personal information of private citizens (which unsuccessful candidates for the Township Administrator position would be) which if disclosed would violate a citizen’s reasonable expectation of privacy. Moreover, the State’s public policy expressed by and through EO 26, dictates that applications and/or résumés of unsuccessful candidates should only be disclosed if those individuals consent to the release thereof. Accordingly, those records will only be released if consent is provided.

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Dear Delran 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:

All applications received for the Township Manager.

Yours faithfully,

Patrick Duff

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There were multiple applicants for Township Administrator and Mr. Bellina was the successful candidate for the Position. Executive Order No. 26 provides that 'The resumes of successful candidates shall be disclosed once the successful candidates 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.' Accordingly, applicants need not affirmatively refuse to disclose their resumes/applications. To the contrary, the presumption is that those documents are not to be disclosed unless and until the unsuccessful candidates have provide their consent to the release thereof. No unsuccessful candidate has consented to the release of their applications.

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