January 18, 2024

[1][OPRA #56949 email]

Re: Open Public Records Act Requests deemed Received on January 9, 2024

This letter is in response to your OPRA Request that was deemed received
by me, as the Board’s Records Custodian, on January 9, 2024. The seven
business day timeframe in which a response must be provided to your
Request expires on January 19, 2024.  This response is being sent to you
within that timeframe. 

OPRA defines a “government record” of a public entity as “any paper,
written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document, information stored
or maintained electronically or by sound-recording or in a similar device,
or any copy thereof, that has been made, maintained or kept on file in the
course of his or its official business …”  N.J.S.A. 47:1A-1.1. 
Accordingly, the Board is required to produce only those records which it
maintains in the official course of business and which are not otherwise
exempt from production.  Pursuant to the definition of a government
record, a public entity is not required by OPRA to research information
and/or create records that do not exist in response to OPRA requests.  See
e.g., Mag Entertainment, LLC v. Division of Alcoholic Beverage Control,
375 N.J. Super. 537 (App. Div. 2005). 

Your Request sought the following:

Current teacher's contract and salary guide

Response: See attached for the current contract in effect.

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 Board 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, or by e-mail at [2][email address], or at their website at
[3]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,

Christina Fessler

Christina Fessler, CPA

Business Administrator/Board Secretary

Records Custodian

Enclosures

Cc: Dr. Adam Angelozzi, Superintendent 

References

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