CFO Peter O'Reilly Separation Agreement
Dear Red Bank Borough,
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:
CFO Peter O'Reilly Separation Agreement referenced in Resolution 21-301
Yours faithfully,
New Jersey Resident
Please be advised, Red Bank's Municipal Offices will be closed on
Thursday, November 11, 2021 in observance of Veteran's Day. Offices
will reopen for their regular hours on Friday, November 12, 2021..
--
Pamela Borghi, RMC, CMR
Municipal Clerk/Registrar/PIO
Borough of Red Bank
90 Monmouth Street
Red Bank, NJ 07701
732-530-2740
This email is to acknowledge receipt of your OPRA request dated 11/11/2021
and received via email on 11/12/2021. This response is being provided on
the fourth business day after the receipt of your request.
Please be advised, our Attorney has confirmed that the requested agreement
has not yet been executed and is considered deliberative. It is not
disclosable at this time.
To the best of my knowledge, no other records exist that would be
responsive to your request. If you are aware of a specific document that
you believe has been omitted, please clearly identify that record by name,
date and subject matter.
This will close this OPRA request.
Dear Pam Borghi,
You stated the Attorney " has confirmed that the requested agreement has not yet been executed and is considered deliberative. It is not disclosable at this time. " Please provide the relevant statute, code, regulation, case law or GRC decisions that support this decision to withhold an agreement which has been referenced and attached as a part of a Resolution that the governing body has adopted. It is unclear how a document the governing body has approved and voted on at a public meeting can still be "deliberative". Please provide clarification to the OPRA that classifies this document as "deliberative" simply because it was not yet executed despite being approved. I am not requesting the executed agreement but rather the agreement approved by the governing body which I consider to be a final document.
Yours sincerely,
New Jersey Resident
Please be advised, I will be out of the office on Wednesday, November
24, 2021. Borough Offices will be closed on Thursday, 11/25 and
Friday, 11/26 in observance of the Thanksgiving holiday. I will
return to the office on Monday, 11/29 when Borough Offices reopen for
regular business. If you need immediate assistance, please contact
Bonnie Thomas at [Red Bank Borough request email].
--
Pamela Borghi, RMC, CMR
Municipal Clerk/Registrar/PIO
Borough of Red Bank
90 Monmouth Street
Red Bank, NJ 07701
732-530-2740
The agreement has now been fully executed and can be provided as
requested. Please see attached. In regard to your request for support of
the decision that the document was considered deliberative until executed,
our Attorney has stated that it was consistent with Libertarians For
Transparent Govt. v. William Paterson University (App. Div. 2018), citing
N.J.S.A. 47:1A-9(b).