All Independent Investigation Reports issued by Ellen O'Connell Esq.
Dear Neptune 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:
1. All reports issued by Ellen O'Connell Esq. (Inglesino, Webster, Wyciskala, Taylor, LLC) to the Township of Neptune from January 1, 2020 to December 31, 2020 including the executive summary report, final/complete report with exhibits and recommendation report.
2. All invoices and purchase orders between January 1, 2020 to December 31, 2020 relating to Ellen O'Connell Esq. (Inglesino, Webster, Wyciskala, Taylor, LLC).
3. All US Department of Justice investigation reports and conclusions into the Neptune Township Police Department from 2017-2020.
4. All emails from and to or sent or received from Neptune Township Committeeman Brantley or Brantley, dated November 4, 2013 to any neptunetownship.org email address with the subject line: Employment opportunities for administration in Neptune.
Yours faithfully,
John Klein
In response to your OPRA request, documents responsive to #1, #2, and #3
of your request are attached.
In regard to #4, no records exist.
Rick Cuttrell
Municipal Clerk
Township of Neptune
25 Neptune Boulevard
Neptune, NJ 07753
[1][email address]
732-988-5200 x234
Dear Rick Cuttrell,
#1 is missing final report and recommendations report. On page 1 of executive summary provided it states, "Within the week I will provide the complete report with relevant exhibits." The two missing reports were mentioned on social media and the Chief's lawsuit.
#4 In the executive summary report you provided on page 8 it states, "The message
was allegedly from Committeeman Brantley to various persons on November 4, 2013,
regarding“ Employment opportunities for administration in Neptune (sic), stating:
Friends, Enough time has passed that Neptune Township has becomes (sic) that
polished gem that I spoke of in my first campaign for township committee.
Moving forwards, I expect that only black candidates will be considered for the
positions of Neptune Chief of Police and Superintendent of Schools. – Doc”
I am requesting this specific email under OPRA and common law which has already circulated via social media but taken down. This was mentioned in the Chief's lawsuit which was already provided to me by the courts. Also mentioned in the lawsuit is the fact this email was sent to neptunetownship.org email addresses which are accessible under OPRA including Business Administrator Vito Gadaleta.
Your courtesies and prompt response is greatly appreciated.
Yours sincerely,
John Klein
Mr. Klein,
I have attached Appendix A to the investigative report submitted by Ellen O'Connell. The "complete report" contains the executive summary that I sent you on August 5th, Appendix A which is attached to this email, and "relevant exhibits". In regards to the relevant exhibits, the Township conducted a common law analysis. The executive summary and Appendix A provides you as the requestor with all of the information the public would need to know regarding this situation. Actual production of the relevant exhibits could be detrimental to the Township in impeding agency functions and would impede on citizens and/or employees reasonable expectation of privacy. The Township does not believe your interest as a requestor in disclosure of the relevant exhibits outweighs the need for those documents to remain confidential from public disclosure.
In regards to Item #4, the Township searched for any and all emails sent by Michael Brantley on November 4, 2013. There were none. We also reviewed all emails received by Vito Gadaleta on that same date. The email that you reference does not appear.
Please take notice that 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 Custodian of Records 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 Monmouth County.
Rick Cuttrell
Municipal Clerk
Township of Neptune
25 Neptune Boulevard
Neptune, NJ 07753
[email address]
732-988-5200 x234
Dear Rick Cuttrell,
I am requesting you reconsider your denial of the "relative exhibits" final report and recommendations report released by the independent investigator, Ellen O'Connell Esq.
These records are publicly accessible and any non-disclosable information could easily be redacted if needed, editing any "detrimental information". You already released the full executive summary report UNREDACTED to myself and the public; being displayed on social media and news outlets, "detrimental information" revealing concerning information relating to employees and elected officials. This disclosure created a "public concern" and the public has a right to know outweighing any privacy arguments.
Elements supporting disclosure: First, the documents requested are public records as the full unredacted executive report was already released essentially disputing privacy issues and "impeding agency functions". Second, there is clearly a public concern, with the issues in the executive summary report. Third, using the balancing test it is clearly a public concern where the documents must be disclosed as my individual right of access and the publics right to access outweighs the Township's interest in preventing disclosure.
Yours sincerely,
John Klein
Mr. Klein,
The Township's common law analysis previously conveyed to you stands and remains.
Rick Cuttrell
Municipal Clerk
Township of Neptune
25 Neptune Boulevard
Neptune, NJ 07753
[email address]
732-988-5200 x234