Dear Sir or Madam:

As the Ridgewood Public Schools (“District”) records custodian, I received
your Open Public Records Act (“OPRA”) request on January 21, 2024.  The
seven (7) business day deadline to respond to your request is January 31,
2024. As such, the District is timely responding to your OPRA request in
accordance with New Jersey law.

Your OPRA request seeks the following records:

I request copies of all advertisements utilized to solicit applications
for the job postings related to the five positions listed under section
"i-a. 2023-2024 School Year - Appointments" on the January 22 meeting
agenda. Additionally, kindly provide copies of all applications submitted
in response to those advertisements.

Five positions mentioned above in OPRA request 1 and 2 are:

Second Grade Ridge

Special Education (Mathematics) (non-tenure track)

LOA Latin(non-tenure track)

Budget, Accounting, and Reporting Specialist

Payroll Specialist/ Bookkeeper

The District requires additional time to compile, review, and redact (if
necessary) the documents that may be responsive to your request.  The
District anticipates finalizing your request by February 7, 2024.  The
District also reserves the right to request an additional extension of
time, if necessary.  See Scheeler v. New Jersey Department of Educ., GRC
Complaint No. 2014-123 (2016).

Very truly yours,

Julie Kot
Business Administrator/Board Secretary

show quoted sections

Dear Sir/Madam:  

The Ridgewood Public Schools (“District”) records custodian received your
Open Public Records Act (“OPRA”) and common law requests (“Requests”) on
January 22, 2024. On January 31, 2024, the District obtained an extension
of time to respond to your Requests until February 7, 2024. As such, the
District is timely responding to your Requests in accordance with New
Jersey law.

Your Requests seek the following:  

This request comprises two distinct OPRA requests. Should the first
request be furnished, the second request should be considered withdrawn.
In the event that the district opts not to disclose the 1st request,
kindly proceed with treating part 2 as the Open Public Records Act (OPRA)
request.

First OPRA Request (Preferred and reveals less information):

Kindly furnish the count of applicants for each of the five positions
specified under section "i-a. 2023-2024 School Year - Appointments" on the
January 22 meeting agenda. Additionally, please provide the count of
applicants who were afforded the opportunity for an interview for each
respective position. I am specifically seeking numerical counts. The
Supreme Court decision validates this OPRA request, as the information I
am inquiring about is electronically stored within the district's HR
Management Systems, as outlined in the following link: 

[1]https://www.pashmanstein.com/publication...

Second (alternative OPRA Request):

I request copies of all advertisements utilized to solicit applications
for the job postings related to the five positions listed under section
"i-a. 2023-2024 School Year - Appointments" on the January 22 meeting
agenda. Additionally, kindly provide copies of all applications submitted
in response to those advertisements.

Five positions mentioned above in OPRA request 1 and 2 are:

Second Grade Ridge

Special Education (Mathematics) (non-tenure track)

LOA Latin (non-tenure track)

Budget, Accounting, and Reporting Specialist

Payroll Specialist/ Bookkeeper

Please be advised that your first Request is invalid as it constitutes a
request for information. Please note that OPRA operates to make
identifiable government records “readily accessible for inspection,
copying, or examination.”  N.J.S.A.  47:1A-1; MAG Entertainment, LLC v.
Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div.
2005).  In MAG, the court opined, “[w]hile OPRA provides an alternative
means of access to government documents not otherwise exempted from its
reach, it is not intended as a research tool . . . to force government
officials to identify and siphon useful information.” Id. at 547. “Under
OPRA, agencies are required to disclose only ‘identifiable’ government
records not otherwise exempt. Wholesale requests for general information
to be analyzed, collated and compiled by the responding government entity
are not encompassed therein.”  Id. at 549; see also Bent v. Stafford
Police Dep’t, 381 N.J. Super. 30, 37 (App. Div. 2005) (holding that OPRA
only allows requests for records as contrasted from information, and to
qualify under OPRA a request must reasonably identify a record and not
generally data, information or statistics).  

Accordingly, your first Request for a count of applicants and interviewees
is a request for information, rather than a specifically identifiable
government record and is therefore outside the scope of OPRA. 

With respect to your second Request, please be advised that the District
conducted a good-faith search and identified 63 pages of responsive
records. The table below identifies the records that are being denied in
whole or in part, as well as the legal basis for each denial, as required
by N.J.S.A. 47:1A-6.

If records are If records were List the legal
List of all records disclosed with denied in their explanation and
provided, with redactions, entirety, give statutory citation
redactions, or denied give a general a general for the denial of
in their entirety. nature nature access to records
description of description of in their entirety
the redactions. the record. or with redactions.
N.J.S.A. § 47:1A-9b
provides that OPRA
“shall not abrogate
or erode any
executive or
legislative
privilege or grant
of confidentiality
heretofore
established or
recognized by . . .
Executive Order of
the Governor.”
Executive Order 26
(McGreevey 2002)
exempts employment
applications from
public access.  See
Moreira v.
Elizabeth Bd. of
Educ., GRC
Complaint No.
2017-24 (2019);
Deutsch v. NJ Civil
Application of Ryan Service Commission,
Aaron Bowman with GRC Complaint No.
respect to the Budget, Employment 2011-631 (2013);
Accounting, and Application Toscano v. NJ
Reporting Specialist Department of Human
position (12 pages) Services, Div. of
Health Services,
GRC Complaint No.
2010-147 (2011). 

Further,
applications
constitute exempt
“personnel records”
within the meaning
of N.J.S.A. §
47:1A-10 that do
not all within any
of the statutory
exceptions that may
otherwise allow for
public access under
particular
circumstances.
Accordingly, the
District is
precluded from
releasing the
responsive
application.
N.J.S.A. § 47:1A-9b
provides that OPRA
“shall not abrogate
or erode any
executive or
legislative
privilege or grant
of confidentiality
heretofore
established or
recognized by . . .
Executive Order of
the Governor.”
Executive Order 26
(McGreevey 2002)
exempts employment
applications from
public access.  See
Moreira v.
Elizabeth Bd. of
Educ., GRC
Complaint No.
2017-24 (2019);
Application of Rachel Deutsch v. NJ Civil
Dittamo with respect Service Commission,
to the Elementary GRC Complaint No.
Teacher – Grade 2 at Employment 2011-631 (2013);
Ridge Elementary Application Toscano v. NJ
School position (11 Department of Human
pages) Services, Div. of
Health Services,
GRC Complaint No.
2010-147 (2011). 

Further,
applications
constitute exempt
“personnel records”
within the meaning
of N.J.S.A. §
47:1A-10 that do
not all within any
of the statutory
exceptions that may
otherwise allow for
public access under
particular
circumstances.
Accordingly, the
District is
precluded from
releasing the
responsive
application.
N.J.S.A. § 47:1A-9b
provides that OPRA
“shall not abrogate
or erode any
executive or
legislative
privilege or grant
of confidentiality
heretofore
established or
recognized by . . .
Executive Order of
the Governor.”
Executive Order 26
(McGreevey 2002)
exempts employment
applications from
public access.  See
Moreira v.
Elizabeth Bd. of
Educ., GRC
Complaint No.
2017-24 (2019);
Deutsch v. NJ Civil
Application of Service Commission,
Patricia Zimmer with GRC Complaint No.
respect to the Payroll Employment 2011-631 (2013);
Specialist/Bookkeeper Application Toscano v. NJ
position (13 pages) Department of Human
Services, Div. of
Health Services,
GRC Complaint No.
2010-147 (2011). 

Further,
applications
constitute exempt
“personnel records”
within the meaning
of N.J.S.A. §
47:1A-10 that do
not all within any
of the statutory
exceptions that may
otherwise allow for
public access under
particular
circumstances.
Accordingly, the
District is
precluded from
releasing the
responsive
application.
N.J.S.A. § 47:1A-9b
provides that OPRA
“shall not abrogate
or erode any
executive or
legislative
privilege or grant
of confidentiality
heretofore
established or
recognized by . . .
Executive Order of
the Governor.”
Executive Order 26
(McGreevey 2002)
exempts employment
applications from
public access.  See
Moreira v.
Elizabeth Bd. of
Educ., GRC
Complaint No.
2017-24 (2019);
Deutsch v. NJ Civil
Application of Hugh Service Commission,
Gavin Wynne with GRC Complaint No.
respect to the Latin Employment 2011-631 (2013);
Teacher – Leave Application Toscano v. NJ
Replacement position Department of Human
(22 pages) Services, Div. of
Health Services,
GRC Complaint No.
2010-147 (2011). 

Further,
applications
constitute exempt
“personnel records”
within the meaning
of N.J.S.A. §
47:1A-10 that do
not all within any
of the statutory
exceptions that may
otherwise allow for
public access under
particular
circumstances.
Accordingly, the
District is
precluded from
releasing the
responsive
application.

Your Requests are now deemed answered and closed.

Sincerely,

Julie Kot

Business Administrator/Board Secretary 

Enclosures

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Dear Sir/Madam:  

The Ridgewood Public Schools (“District”) records custodian received your
Open Public Records Act (“OPRA”) request on February 6, 2024. The seven
business day deadline to respond to your request is February 16, 2024. As
such, the District is timely responding to your OPRA request in accordance
with New Jersey law.

Your request is set forth below:  

I request copies of all advertisements utilized to solicit applications
for the job postings related to the five positions listed under section
"i-a. 2023-2024 School Year - Appointments" on the January 22 meeting
agenda. Additionally, kindly provide copies of all applications submitted
in response to those advertisements.

 Five positions mentioned above in OPRA request 1 and 2 are:

 Second Grade Ridge

 Special Education (Mathematics) (non-tenure track)

 LOA Latin (non-tenure track)

 Budget, Accounting, and Reporting Specialist

 Payroll Specialist/ Bookkeeper

The District responded to the request on February 2, 2024.  On February 5,
2024, you submitted another request as follows:  

In the enclosed response, only one job posting was included directly from
the external source, while the remaining job postings were presented on
district letterhead. I am seeking verifiable documentation confirming that
these positions were genuinely posted for an external audience and
requesting copies of such external postings. If documented evidence is
available for one position, it is presumed to be available for all others,
unless there are instances where certain positions were not advertised
externally

Also, please add a new OPRA request.  Please provide cover letters
submitted by each applicant for these five positions.

Attached Please find sixteen (16) pages of records responsive to your
request.  Redactions have been made to remove personal telephone number
from the records to protect the citizen’s reasonable expectation of
privacy pursuant to N.J.S.A. 47:1A-1 (providing that “a public agency has
a responsibility and an obligation to safeguard from public access a
citizen’s personal information with which it has been entrusted when
disclosure thereof would violate the citizen’s reasonable expectation of
privacy); See also N.J.S.A. 47:1A-1.1 (exempting that portion of any
document which discloses the “unlisted telephone number of any person”
from the definition of a “government record”).

Your OPRA request is now deemed answered and closed.

Sincerelys,

Julie Kot

Business Administrator/Board Secretary 

Enclosures

show quoted sections