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This is an HTML version of an attachment to the Open Public Records Act request 'Court Settlements and public employee information'.

Date: Tue, 30 Aug 2022 13:03:19 +0000
Subject: Re: Request for Extension - OPRA 204-2022
From: Concerned <[OPRA #34949 email]>
To: "Jenna Jankowski (Seaside Park, NJ)" <[email address]>

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

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

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!

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