Complaint
Dear Chartertech High School For The Performing Arts,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:Every document in any form evidencing a complaint by a student or a staff member of Chartertech High School against the requestor.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Paul Dalnoky
Dear Mr. Dalnoky,
We are in receipt of your records request: "Every document in any form
evidencing a complaint by a student or staff member of Chartertech High
School against the requestor."
We are denying your request at this time pursuant to N.J.S.A. 47:1A-1.1
and N.J.S.A. 47:1A-10.
--
Jill Carson
School Business Administrator/Board Secretary
Chartertech High School for the Performing Arts
413 New Road
Somers Point, New Jersey 08244
609-926-7694 x134
CONFIDENTIALITY WARNING: This email may contain confidential information
and is not a public record. Discussing the content of this email or the
unauthorized interception of this e-mail may be considered in violation of
state and federal laws.
You are notified that any disclosure is strictly prohibited. If you have
received this e-mail in error, please notify the sender immediately to
arrange for the return or destruction of this document.
Grievances filed against an individual are generally exempt from
disclosure. N.J.S.A. 47:1A-10. However, an exception exists for access
to personnel records "when authorized by an individual in interest." Id.
OPRA "does not define precisely what information is covered by the phrase
personnel record." McGee v. Township of East Amwell, 416 N.J. Super.at
615. N.J.S.A. 47:1A-1.1 provides further guidance. "A government
record shall not include the following information which is deemed to be
confidential ... information generated by or on behalf of public employers
or public employees in connection with ... any grievance filed by or
against an individual." Id. The access exception contained
in N.J.S.A. 47:1A-10 refers specifically to "personnel records". The
exception contained within N.J.S.A. 47:1A-10 intentionally omits "any
grievance filed by or against an individual". Statutes are to be
harmonized for consistency. When N.J.S.A. 47:1A-10 is read in conjunction
with N.J.S.A. 47:1A-1-1, the legislative intent was to shield from
disclosure information generated by or on behalf of a public employer or
public employee in connection with a grievance filed against an
individual.
In addition,
the complaints made by staff and students implicate important safety and
privacy concerns. It is reasonable for public employees and students to
expect their complaints against an individual, absent required disclosure
through civil litigation, to remain confidential. In the present matter
"there are countervailing concerns or policies that would preclude release
of these records". McGee v. Township of East Amwell, 416 N.J. Super. at
618.
Your request is again denied.
--
Jill Carson
School Business Administrator/Board Secretary
Chartertech High School for the Performing Arts
413 New Road
Somers Point, New Jersey 08244
609-926-7694 x134
CONFIDENTIALITY WARNING: This email may contain confidential information
and is not a public record. Discussing the content of this email or the
unauthorized interception of this e-mail may be considered in violation of
state and federal laws.
You are notified that any disclosure is strictly prohibited. If you have
received this e-mail in error, please notify the sender immediately to
arrange for the return or destruction of this document.