Court Settlements and public employee information
Dear Seaside Park 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.
Background:
This is a request for the disclosable personnel information specified in N.J.S.A. 47:1A-10. If you take the position that this request is invalid because it seeks "information" instead of identifiable "records," before denying this request please review a May 18, 2017 article on http://njopengovt.blogspot.com entitled "Court: OPRA Section 10 allows requestors to ask for personnel 'information,' does not require a request to be for specific, identifiable records."
One of the pieces of information requested is the "payroll record" of a public employee. I invite your attention to pp 3 to 5 of the December 18, 2012 Findings and Recommendations of the Executive Director in Gregory Havlusch, Jr. v. Borough of Allenhurst (Monmouth), Government Records Council Complaint No. 2011-243. The Executive Director wrote that "an employee's payroll records should include information that will allow a person to determine whether an employee took a leave of absence, the dates of the leave, whether it was paid, and if so, the amount of salary received for the paid leave of absence." I'd like all this information regarding the employee that is the subject of this request. So, if the employee was on leave during the period specified, please provide these details.
Records requested:
- Attorney Steven A. Zabarsky, I'd like his: title, position, salary, detailed payment record, length of service, etc. For the "payroll record, I'd like it to cover the period beginning 2015 to present. Why is he being paid over 12k per month as a part time employee?
-Borough administrators Jason Delaney, Bob Martucci, Sandy Rice, Michael Capabianco, and Thomas Seaman and borough clerk Karen Barna I'd like their: title, position, salary, detailed payment records, length of service, date of separation and the reason therefor. Please advise if they filed any lawsuits in NJ Court or federal court and if so, please provide the docket number and any and all information regarding court settlements.
-information regarding any and all state/federal lawsuits filed against the Borough of Seaside Park for the last 10 years. Please provide the docket number, reason for the court filing, and any and all information regarding court settlements.
*it should be noted, in 2022, the New Jersey Supreme Court ruled that settlement agreements between public employers and workers are public records that must be made available on request. This ruling can be viewed in this attached link: https://www.njcourts.gov/attorneys/asset...
Yours faithfully,
Concerned
Thank you for submitting a request for records.
Your request security key is [1]275369.
Your request reference number is [2]Request Number: 204-2022.
Please have this security key and reference number available when
communicating with our staff regarding your request.
Note: This is an automated email notification. Please do not respond to
this email.
References
Visible links
1. http://url4102.request.justfoia.com/ls/c...
2. http://url4102.request.justfoia.com/ls/c...
Dear Requestor,
The Borough of Seaside Park is in receipt of your OPRA request dated
August 26,2022.
Your request sought the following:
"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:
- Attorney Steven A. Zabarsky, I'd like his: title, position, salary,
detailed payment record, length of service, etc. For the "payroll record,
I'd like it to cover the period beginning 2015 to present. Why is he being
paid over 12k per month as a part time employee?
-Borough administrators Jason Delaney, Bob Martucci, Sandy Rice, Michael
Capabianco, and Thomas Seaman and borough clerk Karen Barna I'd like
their: title, position, salary, detailed payment records, length of
service, date of separation and the reason therefor. Please advise if they
filed any lawsuits in NJ Court or federal court and if so, please provide
the docket number and any and all information regarding court settlements.
-information regarding any and all state/federal lawsuits filed against
the Borough of Seaside Park for the last 10 years. Please provide the
docket number, reason for the court filing, and any and all information
regarding court settlements.
*it should be noted, in 2022, the New Jersey Supreme Court ruled that
settlement agreements between public employers and workers are public
records that must be made available on request. This ruling can be viewed
in this attached link."
Please be advised that there are no documents responsive to your request
for "title, position, salary, detailed payment record, length of service"
2015-present for Attorney Steven A. Zabarsky. Mr. Zabarsky is not an
employee of the Borough of Seaside Park.
Additionally, to your second request, do you want the "title, position,
salary, detailed payment records, length of service, date of separation
and the reason therefor" for their positions as administrator and Borough
Clerk only, or for all positions held, if any other positions were held?
Lastly, please be advised your request requires additional time beyond the
seven (7) business days to fulfill because the records requested are in
off-site storage archives and are not readily available. OPRA allows
custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5.i.
Specifically, OPRA states that, “the requestor shall be advised by the
custodian when the record can be made available. If the record is not made
available by that time, access shall be deemed denied.”
Your request requires an extension of time until September 20, 2022.
If you have any questions, please contact the Clerk's Office: 732-793-3700
ext. 106.
Thank you!
Dear Jenna Jankowski (Seaside Park, NJ),
I’m regards to you reply:
“Please be advised that there are no documents responsive to your request for "title, position, salary, detailed payment record, length of service" 2015-present for Attorney Steven A. Zabarsky. Mr. Zabarsky is not an employee of the Borough of Seaside Park.”
**** Steven A. Zabarsky is the attorney for Seaside Park, therefore, he DOES get paid by Seaside Park taxes and because of same, it is discoverable under OPRA. In fact, he’s getting paid over 12K per month for the last couple of months. Please provide a detailed breakdown of why he is getting paid those fees, such as hours worked, his hourly rate, etc and provide any and all resolutions indicating his services to Seaside Park for the last 5 years. Thank you
Additionally, to your second request, do you want the "title, position, salary, detailed payment records, length of service, date of separation and the reason therefor" for their positions as administrator and Borough
Clerk only, or for all positions held, if any other positions were held?
***every position held. Thank you.
Yours sincerely,
Concerned
Dear Requestor,
The Borough of Seaside Park is in receipt of your OPRA request dated
August 26,2022
Your request sought the following:
"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:
- Attorney Steven A. Zabarsky, I'd like his: title, position, salary,
detailed payment record, length of service, etc. For the "payroll record,
I'd like it to cover the period beginning 2015 to present. Why is he being
paid over 12k per month as a part time employee?
-Borough administrators Jason Delaney, Bob Martucci, Sandy Rice, Michael
Capabianco, and Thomas Seaman and borough clerk Karen Barna I'd like
their: title, position, salary, detailed payment records, length of
service, date of separation and the reason therefor. Please advise if they
filed any lawsuits in NJ Court or federal court and if so, please provide
the docket number and any and all information regarding court settlements.
-information regarding any and all state/federal lawsuits filed against
the Borough of Seaside Park for the last 10 years. Please provide the
docket number, reason for the court filing, and any and all information
regarding court settlements.
*it should be noted, in 2022, the New Jersey Supreme Court ruled that
settlement agreements between public employers and workers are public
records that must be made available on request. This ruling can be viewed
in this attached link."
Please be advised that there are no documents responsive to your request
for "title, position, salary, detailed payment record, length of service"
2015-present for Attorney Steven A. Zabarsky. Mr. Zabarsky is not an
employee of the Borough of Seaside Park.
Additionally, to your second request, do you want the "title, position,
salary, detailed payment records, length of service, date of separation
and the reason therefor" for their positions as administrator and Borough
Clerk only, or for all positions held, if any other positions were held?
Lastly, please be advised your request requires additional time beyond the
seven (7) business days to fulfill because the records requested are in
off-site storage archives and are not readily available, and require
attorney review. OPRA allows custodians to seek extensions of time
pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, “the
requestor shall be advised by the custodian when the record can be made
available. If the record is not made available by that time, access shall
be deemed denied.”
On August 29, 2022, an extension of time was requested until September 20,
2022; however, due to attorney review and redaction, your request requires
an extension of time until September 27, 2022.
If you have any questions, please contact the Clerk's Office: 732-793-3700
ext. 106.
Thank you!
Dear Jenna Jankowski (Seaside Park, NJ),
-If borough attorney Steven Zarbarsky’s isn’t an employee than why is the borough of seaside park paying him? Absurd! Provide any and all resolutions, contracts, etc regarding borough attorney Steven Zarbarsky’s appointment with seaside park and his contracted hourly wage. Provide any and information why Steven Zarbarsky is listed as the borough attorney. Provide any and all payments to borough attorney Steven Zarbarsky for the last 3 years and the reason why he is being paid those specific amounts, such as invoices, hours worked, etc. It appears as if Seaside Park taxpayers are paying Mr. Zarbarsky 12k per month, therefore the public is entitled to view these invoices and payments. Public Government entities are required to be transparent and this information cannot be withheld from the public.
-In regards to, “Additionally, to your second request, do you want the "title, position, salary, detailed payment records, length of service, date of separation
and the reason therefor" for their positions as administrator and Borough Clerk only, or for all positions held, if any other positions were held?”
****yes, for any and all positions held.
Yours sincerely,
Concerned
Dear Requestor,
The Borough of Seaside Park is in receipt of your OPRA request dated
August 26,2022
Your request sought the following:
"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:
- Attorney Steven A. Zabarsky, I'd like his: title, position, salary,
detailed payment record, length of service, etc. For the "payroll record,
I'd like it to cover the period beginning 2015 to present. Why is he being
paid over 12k per month as a part time employee?
-Borough administrators Jason Delaney, Bob Martucci, Sandy Rice, Michael
Capabianco, and Thomas Seaman and borough clerk Karen Barna I'd like
their: title, position, salary, detailed payment records, length of
service, date of separation and the reason therefor. Please advise if they
filed any lawsuits in NJ Court or federal court and if so, please provide
the docket number and any and all information regarding court settlements.
-information regarding any and all state/federal lawsuits filed against
the Borough of Seaside Park for the last 10 years. Please provide the
docket number, reason for the court filing, and any and all information
regarding court settlements.
*it should be noted, in 2022, the New Jersey Supreme Court ruled that
settlement agreements between public employers and workers are public
records that must be made available on request. This ruling can be viewed
in this attached link."
Please be advised that there are no documents responsive to your request
for "title, position, salary, detailed payment record, length of service"
2015-present for Attorney Steven A. Zabarsky. Mr. Zabarsky is not an
employee of the Borough of Seaside Park.
Additionally, to your second request, do you want the "title, position,
salary, detailed payment records, length of service, date of separation
and the reason therefor" for their positions as administrator and Borough
Clerk only, or for all positions held, if any other positions were held?
Lastly, please be advised your request requires additional time beyond the
seven (7) business days to fulfill because the records requested are in
off-site storage archives and are not readily available, and require
attorney review. OPRA allows custodians to seek extensions of time
pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, “the
requestor shall be advised by the custodian when the record can be made
available. If the record is not made available by that time, access shall
be deemed denied.”
Due to the volume of documents requiring attorney review and redaction,
your request requires further extension of time until October 7, 2022.
If you have any questions, please contact the Clerk's Office: 732-793-3700
ext. 106.
Thank you!
Hello,
The request [1]Request Number: 204-2022 has been completed.
Thank you,
JustFOIA
Dear Requestor,
The Borough of Seaside Park is in receipt of your request dated August 26,
2022. The Borough requested an extension of time until October 7, 2022.
Your request sought the following:
"Records requested:
- Attorney Steven A. Zabarsky, I'd like his: title, position, salary,
detailed payment record, length of service, etc. For the "payroll record,
I'd like it to cover the period beginning 2015 to present. Why is he being
paid over 12k per month as a part time employee?
-Borough administrators Jason Delaney, Bob Martucci, Sandy Rice, Michael
Capabianco, and Thomas Seaman and borough clerk Karen Barna I'd like
their: title, position, salary, detailed payment records, length of
service, date of separation and the reason therefor. Please advise if they
filed any lawsuits in NJ Court or federal court and if so, please provide
the docket number and any and all information regarding court settlements.
-information regarding any and all state/federal lawsuits filed against
the Borough of Seaside Park for the last 10 years. Please provide the
docket number, reason for the court filing, and any and all information
regarding court settlements."
Please be advised Steven A. Zabarsky is not an employee of the Borough of
Seaside Park; there are no responsive documents on file to this portion of
your request.
At the link above, please find the following responsive documents on file:
1) Joseph Delaney
-Please be advised records for Mr. Delaney are located in off-site
storage. OPRA allows public agencies to impose special service charges
whenever the nature, format, manner of collation, or volume of a
government record embodied in the form of printed matter to be inspected,
examined, or copied pursuant to this section is such that the record
cannot be reproduced by ordinary document copying equipment in ordinary
business size or when fulfilling a request requires an extraordinary
expenditure of time and effort. See N.J.S.A. 47:1A-5.c. Special service
charges must be based upon the actual direct cost of providing the copy or
copies.
OPRA mandates that the requestor shall have the opportunity to review and
object to the charge prior to it being incurred. See N.J.S.A. 47:1A-5.c.
As such, a detailed estimate provided by our off-site storage facility,
File Bank to search & retrieve documents is for $431.88; the quote is
document "0448678."
Kindly respond in writing with your acceptance or rejection of this
estimated charge. We will not begin to process this portion of your
request until we receive your written acceptance.
2) Bob Martucci
At the link above, please find the responsive compensation reports,
resolutions, and settlement agreement on file. The cost of health care was
redacted from all compensation reports citing NJSA 47:1A-10, 45 CFR
106.102,Michelson v. Wyatt, 379 N.J. Super. 611 (App. Div. 2005), EO 26
(2002).
3) Sandy Rice
At the link above, please find the responsive compensation reports,
resolutions, and settlement agreement on file. The cost of health care was
redacted from all compensation reports citing NJSA 47:1A-10, 45 CFR
106.102,Michelson v. Wyatt, 379 N.J. Super. 611 (App. Div. 2005), EO 26
(2002).
4) Michael Capabianco
At the link above, please find the responsive compensation report,
resolutions, and settlement agreement on file. The cost of health care was
redacted from all compensation reports citing NJSA 47:1A-10, 45 CFR
106.102,Michelson v. Wyatt, 379 N.J. Super. 611 (App. Div. 2005), EO 26
(2002).
5) Tom Seaman
At the link above, please find the responsive compensation report,
resolutions, and settlement agreement on file. The cost of health care was
redacted from all compensation reports citing NJSA 47:1A-10, 45 CFR
106.102,Michelson v. Wyatt, 379 N.J. Super. 611 (App. Div. 2005), EO 26
(2002). Social security numbers were redacted citing NJSA 47:1A-1.1.
6) Karen Barna
At the link above, please find the responsive compensation reports,
resolutions, and settlement agreement on file. The cost of health care was
redacted from all compensation reports citing NJSA 47:1A-10, 45 CFR
106.102,Michelson v. Wyatt, 379 N.J. Super. 611 (App. Div. 2005), EO 26
(2002). Social security numbers were redacted citing NJSA 47:1A-1.1.
7) At the link above, please find the responsive settlement agreements and
release as provided by JIF for the past ten years.
If you have any questions regarding OPRA, please contact the Clerk's
Office: 732-793-3700 ext. 106.
Thank you!
*Note: This is an automated email notification. Please do not respond to
this email.
References
Visible links
1. http://url4102.request.justfoia.com/ls/c...
Dear Seaside Park Borough,
Regarding you last reply, “At the link above, please find the responsive settlement agreements and release as provided by JIF for the past ten years.”. No link has been provided with the above information, therefore this request still has not been fulfilled. Provide the requested information as required by law.
Additionally, it is odd the request regarding borough attorney Steven Zarbarsky continues to be ignored. I am again requesting information regarding Seaside Park’s borough attorney Steven Zarbarsky as listed and described on your borough website and found here: (https://www.seasideparknj.org/wp-content...). Therefore, as required by law, provide any and all resolutions, contracts, appointments, etc regarding borough attorney Steven Zarbarsky and any document that indicated how he is paid. Even if you don’t consider him an employee, he is still listed as the borough attorney and being paid for that services by public tax money, therefore as required by law, provide any and all payments to borough attorney Steven Zarbarsky for the last 3 years and the reason why he is being paid those specific amounts, such as invoices, hours worked, etc. It appears as if Seaside Park taxpayers are paying Mr. Zarbarsky for his “borough attorney” services, and the public is entitled to view these invoices and payments. Public Government entities are REQUIRED to be transparent, therefore this information cannot be withheld from the public.
Yours faithfully,
Concerned
Thank you for submitting a request for records.
Your request security key is [1]980061.
Your request reference number is [2]Request Number: 235-2022.
Please have this security key and reference number available when
communicating with our staff regarding your request.
Note: This is an automated email notification. Please do not respond to
this email.
References
Visible links
1. http://url4102.request.justfoia.com/ls/c...
2. http://url4102.request.justfoia.com/ls/c...
Good Morning,
The link was provided in the confirmation email sent to you, which I will
forward so you have it at the top of your inbox. I'm not sure if there was
a system glitch, but I re-released the documents; please let me know if
you can view the documents now. If they appear "grayed out" you can still
access them. Click "Download All" and you'll be able to view the
documents, or click each one individually. Please give me a call if you
need help with the system: 732-793-3700 ext. 106.
The other portion of this request has been entered into JustFOIA as a new
OPRA request.
Thank you,
Jenna Jankowski, CMR
Deputy Clerk, Deputy Registrar
1701 N Ocean Avenue
Seaside Park, NJ 08752
732-793-3700 ext. 106
══════════════════════════════════════════════════════════════════════════
From: Concerned <[OPRA #34949 email]>
Sent: Friday, October 14, 2022 9:28 PM
To: Sandra Martin <[email address]>
Subject: Re: OPRA request - Court Settlements and public employee
information
CAUTION: This email originated from outside of our email domain. Do not
click on links or open attachments unless you recognize the sender and
know the content is safe. If unsure, do not reply to this email and call
the sender directly.
Dear Seaside Park Borough,
Regarding you last reply, “At the link above, please find the responsive
settlement agreements and release as provided by JIF for the past ten
years.”. No link has been provided with the above information, therefore
this request still has not been fulfilled. Provide the requested
information as required by law.
Additionally, it is odd the request regarding borough attorney Steven
Zarbarsky continues to be ignored. I am again requesting information
regarding Seaside Park’s borough attorney Steven Zarbarsky as listed and
described on your borough website and found here:
([1]https://gcc02.safelinks.protection.outlo...).
Therefore, as required by law, provide any and all resolutions, contracts,
appointments, etc regarding borough attorney Steven Zarbarsky and any
document that indicated how he is paid. Even if you don’t consider him an
employee, he is still listed as the borough attorney and being paid for
that services by public tax money, therefore as required by law, provide
any and all payments to borough attorney Steven Zarbarsky for the last 3
years and the reason why he is being paid those specific amounts, such as
invoices, hours worked, etc. It appears as if Seaside Park taxpayers are
paying Mr. Zarbarsky for his “borough attorney” services, and the public
is entitled to view these invoices and payments. Public Government
entities are REQUIRED to be transparent, therefore this information cannot
be withheld from the public.
Yours faithfully,
Concerned
Hello,
The request [1]Request Number: 235-2022 has been completed.
Thank you,
JustFOIA
Dear Requestor,
The Borough of Seaside Park is in receipt of your request dated October
17, 2022.
Your request sought the following:
"Therefore, as required by law, provide any and all resolutions,
contracts, appointments, etc regarding borough attorney Steven Zarbarsky
and any document that indicated how he is paid. Even if you don’t consider
him an employee, he is still listed as the borough attorney and being paid
for that services by public tax money, therefore as required by law,
provide any and all payments to borough attorney Steven Zarbarsky for the
last 3 years and the reason why he is being paid those specific amounts,
such as invoices, hours worked, etc. It appears as if Seaside Park
taxpayers are paying Mr. Zarbarsky for his “borough attorney” services,
and the public is entitled to view these invoices and payments. Public
Government entities are REQUIRED to be transparent, therefore this
information cannot be withheld from the public."
At the link above, please find the responsive Resolutions appointing
Borough Attorney Zabarsky from 2019-2022, the professional service
agreement for 2022, and invoices paid from 2021-2022.
Please be advised paid invoices from 2019-2020 and professional service
agreements for Borough Attorney from 2019-2021 are located in off-site
storage. OPRA allows public agencies to impose special service charges
whenever the nature, format, manner of collation, or volume of a
government record embodied in the form of printed matter to be inspected,
examined, or copied pursuant to this section is such that the record
cannot be reproduced by ordinary document copying equipment in ordinary
business size or when fulfilling a request requires an extraordinary
expenditure of time and effort. See N.J.S.A. 47:1A-5.c. Special service
charges must be based upon the actual direct cost of providing the copy or
copies.
OPRA mandates that the requestor shall have the opportunity to review and
object to the charge prior to it being incurred. See N.J.S.A. 47:1A-5.c.
As such, a detailed estimate provided by our off-site storage facility,
FileBank to search & retrieve documents is $166.32. Detailed quote is
attached.
Kindly respond in writing with your acceptance or rejection of this
estimated charge. We will not begin to process this portion of the request
until we receive your written acceptance.
Please contact the Clerk's Office with any questions: 732-793-3700 ext.
106.
Thank you!
*Note: This is an automated email notification. Please do not respond to
this email.
References
Visible links
1. http://url4102.request.justfoia.com/ls/c...
Hello,
The request [1]Request Number: 204-2022 has been completed.
Thank you,
JustFOIA
Dear Requestor,
The Borough of Seaside Park received your request on August 16, 2022. The
Borough requested an extension of time until October 7, 2022 because the
records were in off-site storage and for attorney review and redaction.
On October 7, 2022, the responsive documents were provided on October 7,
2022. A special service charge was sent on October 7, 2022. As no response
accepting or rejecting the charge has been received, this OPRA request is
now closed. Please submit a new OPRA request if you would like to obtain
the remaining documents. Thank you!
*Note: This is an automated email notification. Please do not respond to
this email.
References
Visible links
1. http://url4102.request.justfoia.com/ls/c...
Hello,
The request [1]Request Number: 235-2022 has been completed.
Thank you,
JustFOIA
Dear Requestor,
The Borough of Seaside Park received your OPRA request on October 17,
2022. Responsive documents on file were provided October 26, 2022, as well
as a special service charge to retrieve the remaining documents from
off-site storage. No response was received accepting or rejecting the
special service charge. As such, this OPRA request is now closed. Please
submit a new OPRA request if you would like to obtain the remaining
documents. Thank you!
*Note: This is an automated email notification. Please do not respond to
this email.
References
Visible links
1. http://url4102.request.justfoia.com/ls/c...