Basic Employee Information as of September 1, 2019
Charlie Kratovil made this OPRA request to Middlesex County as part of a batch sent to 55 authorities This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Middlesex County,
Under OPRA and the common law right of access, please provide documents, lists, reports or statements sufficient to show:
1) the name, title, department/division, current salary, and hire date for all salaried employees, including elected officials, as of September 1, 2019
2) the name, title, department/division, current hourly rate, and hire date for all hourly employees, as of September 1, 2019
3) the names of all employees enrolled in each healthcare insurance program/plan, including elected officials, as of September 1, 2019
4) the names of all employees currently enrolled in each public pension system, including elected officials, as of September 1, 2019
5) the name and pay status of each employee currently suspended from duty, as of September 1, 2019
6) the total year-to-date base pay, overtime pay, and extra-duty pay for each employee, including elected officials, as of September 1, 2019
7) the amount/value of all stipends, allowances, bonuses, reimbursements and other payments or perks granted each employee, including elected officials, as of September 1, 2019
With regard to items #1-4 of this request, please only include records pertaining to current employees, and please do not include any employees whose term of employment ended prior to September 1, 2019. If employees have different rates of pay for different work or different roles, please indicate each of the pay rates in the response.
With regard to all of the items in this request, I prefer to receive the responses to this request in one or more Microsoft Excel spreadsheets if at all possible. Please feel free to contact me if I can be helpful in clarifying this request. Thanks very much and have a nice day.
Yours faithfully,
Charlie Kratovil
Editor, New Brunswick Today
732-993-9697
--- Please respond above this line ---
Mr. Kratovil,
The County is processing your request and requires additional time to do
so. We anticipate being able to fulfill your request on or before
Wednesday, September 18, 2019.
Very truly yours,
Jeanne-Marie Scollo, Esq.
Attachments:
[1]Health_Plans_Summary.pdf
[2]Pension_Enrollment.pdf
[3]Salary_Information_.pdf
[4]2019_YTD_Gross_Pay_9_1_2019.pdf
--- Please respond above this line ---
Mr. Kratovil:
The County has provided the following responses to your request.
1) the name, title, department/division, current salary, and hire date for
all salaried employees, including elected officials, as of September 1,
2019
See attached
2) the name, title, department/division, current hourly rate, and hire
date for all hourly employees, as of September 1, 2019
See attached
3) the names of all employees enrolled in each healthcare insurance
program/plan, including elected officials, as of September 1, 2019
See attached
4) the names of all employees currently enrolled in each public pension
system, including elected officials, as of September 1, 2019
See attached
5) the name and pay status of each employee currently suspended from duty,
as of September 1, 2019
With regard to your fifth request, please be advised that the County is
prohibited from disclosing information pursuant to N.J.S.A. 47:1A-1.1 et
seq. OPRA mandates that, “the personnel or pension records of any
individual in the possession of a public agency, including but not limited
to records relating to any grievance filed by or against an individual,
shall not be considered a government record and shall not be made
available for public access[.]” N.J.S.A. 47:1A-10. Further, in Vaughn v.
City of Trenton (Mercer), GRC Complaint No. 2009-177 (June 2010), the
Government Records Council held that “…records involving employee
discipline or investigations into employee misconduct are properly
classified as personnel records within the exemption from disclosure set
forth at N.J.S.A. 47:1A-10.” See also, Merino v. Borough of Ho-Ho-Kus, GRC
Complaint No. 2003-110. Thus, your request is denied under OPRA.
The records delineated in your request have also been requested under the
common law. That requires that your interest in obtaining the records be
balanced against the County’s interest in maintaining the confidentiality
of the records. In addition, "Unlike OPRA, a party requesting a document
under the common law right of access must explain why he seeks access to
the requested documents because he must demonstrate his interest in the
record outweighs the interest in non-disclosure." O'Boyle v. Borough of
Longport, 218 N.J. 168, 196-97 (2014). You have not provided a
"particularized need" for your request. Therefore, your request for access
pursuant to the common law has not met the minimum threshold requirements;
and it is also denied under the common law.
6) the total year-to-date base pay, overtime pay, and extra-duty pay for
each employee, including elected officials, as of September 1, 2019
See attached
7) the amount/value of all stipends, allowances, bonuses, reimbursements
and other payments or perks granted each employee, including elected
officials, as of September 1, 2019
See attached
Very truly yours,
AlessandraBaldini, MPA, Esq.
DeputyCounty Counsel
Office of Middlesex County Counsel
References
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