August 2024 Tort Claim Notices Filed Against the Township of Livingston
Dear Livingston 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 Tort Claim Notices filed against The Township of Livingston and its employees between August 1, 2024 and August 13, 2024 ("Notice" refers to all associated documents)
2. A list of all defendants or accused parties
Primary information being sought is the basis/narrative for each claim if portions of documents contain privileged information. The narrative forming the basis for each claim and the accused party lists are adequate.
Yours faithfully,
Gary Johnson
The Township of Livingston Clerk's Department is in receipt of your OPRA request. Pursuant to NJSA 47:1A-5(i), you shall receive a response in no more than seven (7) business days, with day one starting the day after the request has been received. (Holidays and Townhall closings do not count as business days).
Dear Gary Johnson,
Per your OPRA and common law request received Tuesday, August 13, 2024
with a response due on or before August 22, 2024, please see our responses
below in bold:
Records requested:
1. All Tort Claim Notices filed against The Township of Livingston and its
employees between August 1, 2024 and August 13, 2024 ("Notice" refers to
all associated documents).
Three tort claim notices were received by the township in the requested
timeframe, they are:
a) Tort claim notice filed by Maria Ukrainskyj, see attached. Redactions
have been made in accordance with N.J.S.A. 47:1A-1.1 for a social security
number and unlisted telephone numbers; and with N.J.S.A. 47:1A-1 for birth
dates (month and day) for privacy.
b) Tort claim notice filed by David Kimak, see attached. Redactions have
been made in accordance with N.J.S.A. 47:1A-1.1 for a social security
number and unlisted telephone numbers and to pages 19-20 for
attorney-client privilege; and with N.J.S.A. 47:1A-1 for a birth date
(month and day) for privacy.
c) Tort claim notice filed by Kevin Mullaney. This record is still under
review. You will be provided with an update to our response on or before
Friday, September 6, 2024.
2. A list of all defendants or accused parties. There are no responsive
records to this request. OPRA does not require a Custodian to produce new
documents in response to an OPRA request. Please see (Matthews, Jr. v.
City of Atlantic City (Atlantic), GRC Complaint No. 2008-123 (February
2009), see also Librizzi v.Township of Verona Police Department (Essex),
GRC Complaint No. 2009-213 (December 2010).
Primary information being sought is the basis/narrative for each claim if
portions of documents contain privileged information. The narrative
forming the basis for each claim and the accused party lists are adequate.
Please see response to item #2.
Sincerely,
The Clerk's Department
Dear Gary Johnson,
Per your OPRA and common law request received Tuesday, August 13, 2024, a
partial response was provided on August 22, 2024 and this office advised
that an additional response to item #1 of your request would be provided
on or before September 6, 2024. Please see our response below in bold:
Records Requested:
1. All Tort Claim Notices filed against The Township of Livingston and its
employees between August 1, 2024 and August 13, 2024 ("Notice" refers to
all associated documents).
Two of the three tort claim notices were released on August 22, 2024. At
that time, you were advised that the third tort claim notice filed by
Kevin Mullaney was under review and an update to our response would be
provided on or before Friday, September 6, 2024.
It has been determined that a special service charge will need to be
assessed before proceeding with your request due to the "extraordinary"
expenditure of time and effort required to review the 106 page document
for exemptions pursuant to (i) NJSA 47: 1A-1.1 Information generated by or
on behalf of public employers or public employees in connection with a)
any sexual harassment complaint filed with a public employer, b) any
grievance filed by or against an individual, or c) collective
negotiations, including documents and statements of strategy or
negotiating position; and personal identifying information, specifically
social security numbers, Daniel’s Law, credit card numbers, unlisted
telephone numbers, and drivers’ license numbers and pursuant to ii)
Executive Order No. 26 (McGreevey 2002) Records of complaints and
investigations undertaken pursuant to the Model Procedures for Internal
Complaints Alleging Discrimination, Harassment or Hostile Environments and
Information relating to medical, psychiatric or psychological history,
diagnosis, treatment or evaluation. It is estimated that the review for
redactions will require 15 hours by the Clerks Department, and the lowest
hourly rate for a staff member capable of performing this task is $38.89
per hour, for a total of $583.35. Our Department can commit one hour per
day to this task, and it is estimated that the total time needed to
respond to this request will be 3 to 4 weeks.
Please respond to this email by September 6, 2024, regarding the special
service charge of $583.35, so that payment arrangements can be made and
the request can be moved forward. If we do not hear back by that date,
your request will be deemed closed.
Sincerely,