Application, resume
Dear Town of Dover,
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:
Application filled out, resume, any personnel files, background checks, and any pre or post employment screenings and all other documentation regarding the employment of the following individuals;
1. John P. Schmidt, Acting Municipal Clerk
2. Carlos N. Sanchez, Town Administrator
This should include time sheets as well.
Yours faithfully,
Peter Brown
Dear Mr. Brown,
The Town of Dover received your Open Public Records Act (OPRA) request on February 5, 2020. As such, the seven (7) business day deadline to respond to your request is February 18, 2020. This response to your request is being provided to you on the 7th business day after the custodian’s receipt of said request.
In regards to your request for employment applications and resumes, there are no responsive records to your request.
In regards to your request for background checks and any pre or post-employment screening. Background checks and "pre or post employment screening" are not government records under OPRA or the common law as they are personnel records exempt from disclosure as are time sheets.
In regards to "all other documentation" if there is a specific document you are seeking I would ask you to clarify your request as it is not clear what you mean by "all other documentation." In an effort to try and guess what is meant by "all other documentation" which is a public record I am providing the following:
1. Attached to this email is the employment contract between Dover and Mr. Sanchez.
2. The resolutions appointing Mr. Schmidt and Mr. Sanchez are located online here which are found on pages 1-3. http://www.dover.nj.us/uppages/01-2020%2...
If you should have any questions, please feel free to contact me. 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 Town of Dover 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.
Sincerely,
John P. Schmidt, MLS
Acting Municipal Clerk
Town of Dover
37 N. Sussex St.
Dover, NJ 07801
Office: 973-366-2200 x1113
Dear John P. Schmidt,
In regards to the timesheets that I request, I would like to point out that when the same exact information was request by individuals that are associated with the current Mayor, Mrs. Blackman, that information was given.
Associates of Mayor Blackman, that were harassing my during my Employment with the Town of Dover, requested my timesheets and they were given on January 22, 2019.
I do not understand why timesheets were give in my targeted class and not in this case.
Please provide the legal opinion in this.
Yours sincerely,
Peter Brown
Dear Mr. Brown:
Time sheets, to the extent they exist, are personnel records. Pursuant to
N.J.S.A. 47:1A-10, all personnel records are exempt, unless they fall
within the narrow scope of records that are deemed public, which are "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." Time sheets do not fall within any of these
exceptions. In addition, there are no responsive time sheets for Mr.
Schmidt and Mr. Sanchez because they are exempt employees. If responsive
records did exist, all employees have a reasonable expectation of privacy
in the specific times during the day when they work, the tasks performed
by them, and the times when they arrive and leave for work. Furthermore,
with respect to those Dover employees who are law enforcement officers,
Dover has an interest in protecting the safety and security of its police
officers by not divulging the specific times that they arrive or leave for
their shifts. Therefore, your request for time sheets is denied.
We are aware that your time records, in heavily redacted format, have
previously been disclosed. Since OPRA requires public agencies to
affirmatively protect the reasonable expectations of privacy of all
persons, including Town employees and officials, and because Dover has not
been authorized to waive any employee's privacy protections, we are bound
by OPRA to deny your request.
This concludes our response to your OPRA request.
Sincerely,
Walter Luers
--
Law Offices of Walter M. Luers, LLC
The Corbit Building
Suite 18
67 Beaver Avenue
Annandale, NJ 08801
908-894-5656
908-894-5729 (fax)
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