CFO Peter O'Reilly Separation Agreement

The request was successful.

Parsippany Resident

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

Red Bank Borough

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

Pam Borghi, Red Bank Borough

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.

On Thu, Nov 11, 2021 at 5:38 PM Parsippany Resident
<[1][OPRA #26972 email]> wrote:

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 use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[2][OPRA #26972 email]

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Bank Borough? If so, please contact us using this form:
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Please note that in some cases publication of requests and responses
will be delayed.

If you find this service useful as an OPRA custodian, please ask your
web manager to link to us from your organisation's website.

-------------------------------------------------------------------

--
Pamela Borghi, RMC, CMR
Municipal Clerk/Registrar/PIO
Borough of Red Bank
90 Monmouth Street
Red Bank, NJ  07701
732-530-2740

References

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Parsippany Resident

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

Red Bank Borough

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

Pam Borghi, Red Bank Borough

1 Attachment

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). 
On Fri, Nov 26, 2021 at 9:36 AM Parsippany Resident
<[1][OPRA #26972 email]> wrote:

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

-----Original Message-----

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.

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[2][OPRA #26972 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[3]https://opramachine.com/help/officers

View this OPRA request & responses online:
[4]https://opramachine.com/request/cfo_pete...

Please note that in some cases publication of requests and responses
will be delayed.

If you find this service useful as an OPRA custodian, please ask your
web manager to link to us from your organisation's website.
-------------------------------------------------------------------

--
Pamela Borghi, RMC, CMR
Municipal Clerk/Registrar/PIO
Borough of Red Bank
90 Monmouth Street
Red Bank, NJ  07701
732-530-2740

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://opramachine.com/help/officers
4. https://opramachine.com/request/cfo_pete...

hide quoted sections