Chief Moline Settlement
Dear Woodbury Heights 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.
I am seeking comprehensive access to the settlement agreement entered into between the Borough of Woodbury Heights and former Chief of Police Joshua M. Moline.
In accordance with the nuanced jurisprudential elucidation rendered by the Supreme Court of New Jersey in the matter of Libertarians for Transparent Government v. Cumberland County (A-34 September Term 2020 084956), I am compelled to assert the legal imperative for disclosure of the aforementioned settlement agreement. The Court’s perspicuous determination underscored that while the general ambit of personnel records remains cloaked in confidentiality under OPRA, distinct exceptions necessitate the divulgence of certain particulars, including but not limited to an employee’s name, title, date of separation, and the causative rationale.
Chief Moline’s purported dismissal, purportedly linked to an off-duty incident in Woolwich Township during the annus of 2022, encapsulates an employment scenario analogous to the contours delineated in the referenced judicial pronouncement. Furthermore, the engagement of a Special Labor Counsel in the formulation of the settlement agreement imparts an additional layer of public interest and scrutiny.
It is incumbent upon the Borough to adhere assiduously to the principles enunciated by the judiciary, wherein the allowance of redactions in consonance with privacy considerations is acknowledged, yet tempered by the overarching mandate for transparency. The Supreme Court, in its wisdom, emphasized that to the extent such information appears in a settlement agreement, it is amenable to disclosure under OPRA, subject to judicious redaction.
I implore the Borough’s due diligence in expeditiously furnishing the aforesaid settlement agreement, appropriately redacted where confidentiality is imperative, in compliance with the statutory provisions as expounded by the Supreme Court.
I anticipate your timely cooperation in this matter and remain at your disposal for any further elucidation or clarification.
Thank you,
The Team @ FratLawzOPRA
Good Afternoon,
We are in receipt of your below mentioned OPRA request as of 12/12/23 will respond in accordance with the Open Public Records Act, by the seventh business day following it’s receipt: December 26, 2023. If the records are available before this date, they will be sent as soon as possible. If additional time is needed, we will relay that to you as quickly as possible.
Additionally, please note that as of July 21, 2023 Woodbury Heights has entered into a Shared Services Agreement with the City of Woodbury, dissolving the Woodbury Heights Police department and utilizing their Police Services including records. Please contact the Woodbury records custodian for any records that may apply regarding the aforementioned Shared Services.
Please don’t hesitate to reach out to me if you have any questions.
Thank You,
Shannon
Shannon Elton, RMC, CTC, CMR
Municipal Clerk
Planning/Zoning Board Secretary
Borough of Woodbury Heights
500 Elm Ave.
Woodbury Heights, NJ 08097
Phone: (856) 848-2832 ext 10
Fax: (856) 848-1763
**Please Note Change to Email Address **
All Emails to the Borough Clerk should be sent to [email address]
[Woodbury Heights Borough request email] has been disabled. Thank You.
Confidentiality Notice: This electronic message transmission and any documents accompanying this transmission contains information from the Borough of Woodbury Heights which may be confidential and/or privileged, and is solely intended for the use of the addressee. If you are not the intended addressee, be aware that any disclosure, copying, distribution or use of the contents of this information is strictly prohibited. If you have received this electronic transmission in error, please reply to the sender advising of the error in transmission and immediately delete and destroy the message and accompanying documents. Please also be advised that email transmissions received by or sent to Borough officials may be subject to the requirements of the Open Public Records Act [OPRA]. Thank you!
Good Afternoon,
In response to your OPRA below an extension is required through 1/9/24 to fill this request.
Thank You,
Shannon Elton
Shannon Elton, RMC, CTC, CMR
Municipal Clerk
Planning/Zoning Board Secretary
Borough of Woodbury Heights
500 Elm Ave.
Woodbury Heights, NJ 08097
Phone: (856) 848-2832 ext 10
Fax: (856) 848-1763
**Please Note Change to Email Address **
All Emails to the Borough Clerk should be sent to [email address]
[Woodbury Heights Borough request email] has been disabled. Thank You.
Confidentiality Notice: This electronic message transmission and any documents accompanying this transmission contains information from the Borough of Woodbury Heights which may be confidential and/or privileged, and is solely intended for the use of the addressee. If you are not the intended addressee, be aware that any disclosure, copying, distribution or use of the contents of this information is strictly prohibited. If you have received this electronic transmission in error, please reply to the sender advising of the error in transmission and immediately delete and destroy the message and accompanying documents. Please also be advised that email transmissions received by or sent to Borough officials may be subject to the requirements of the Open Public Records Act [OPRA]. Thank you!
Good Morning,
Please find the attached documents in response to your OPRA request below.
Documents provided:
Resolution 57-2023
Moline Settlement Agreement
Please feel free to contact me with any questions or if further information is requested.
Thank You,
Shannon