Dale Caldwell Resignation Letter
Charlie Kratovil made this OPRA request to New Brunswick City Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear New Brunswick City,
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-5(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:
Copy of Dale Caldwell's letter of resignation as a Commissioner on the NB Housing Authority
My preferred delivery method for response(s) to this request is by E-mail as an attachment. 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,
Charlie Kratovil
Dear Requestor:
Kindly be advised, your request for a “Copy of Dale Caldwell’s letter of resignation as a Commissioner of the NB Housing Authority” is exempt from disclosure under OPRA Statute N.J.S.A. 47:1A-1. Provided for you is the official date of resignation of Dale Caldwell- July 29, 2025.
Regards,
Leslie R. Zeledón, City Clerk
Regards,
Leslie R. Zeledón, City Clerk
City of New Brunswick
78 Bayard Street, Rm. 201
New Brunswick, NJ 08901
732.745.5041 (phone)
732.745.5009 (fax)
Dear Ms. Zeledon,
I disagree and I will note that the City Clerk's office has previously released several resignation letters from members of the city's appointed boards and commissions in response to OPRA requests. Why is Dale Caldwell's resignation letter being treated differently? I will also note that your reply does not identify any specific OPRA exemption. What OPRA exemption are you relying on in denying this request? Perhaps you made an error and can reconsider your decision to deny access under the OPRA. Please advise.
Yours sincerely,
Charlie Kratovil
Dear Ms. Zeledon,
Following up on my request for reconsideration. Why did you deny access under the OPRA?
Yours sincerely,
Charlie Kratovil
Dear Ms. Zeledon,
Following up again. You have NOT adequately addressed my request. When can I expect a complete response?
Yours sincerely,
Charlie Kratovil
Dear Mr. Kratovil:
The Clerk’s office is in receipt of your follow-up communications regarding your OPRA request, assigned number OPRA25.08_768, seeking a copy of the resignation letter of Dr. Dale Caldwell, and as stated prior, your request for Dr. Caldwell’s letter of resignation is denied for the following reasons.
Pursuant to the New Jersey Open Public Records Act (OPRA) N.J.S.A. 47:1A-10 personnel records are not generally subject to disclosure with the statute providing for limited exceptions to the general rule. Those exceptions include the following: “an individual’s name, title, position, salary, payroll record, length of service date of separation and reason therefore, and the amount of any pension received…”
In response to your original request this office previously provided the date of separation. While not included in that response, be advised the reason for separation was a voluntary resignation.
New Jersey statutes generally define "public employee" broadly to include individuals in positions within government agencies, including those appointed to boards or commissions, whether compensated or not. Although unpaid appointed members are not compensated in the traditional sense, Dr. Caldwell’s role in performing governmental functions for the New Brunswick Housing Authority brings his records under the scope of "personnel records" in this particular context.
OPRA does not require the disclosure of the specific circumstances or motivations that led to the employee's decision to resign. Resignation letters often contain personal reflections or expressions of emotion, but these elements are generally protected from public access. OPRA aims to provide the public with access to government records unless there is a legitimate reason for exemption. The personnel record exemption is designed to balance the public's right to know with the individual's right to privacy.
Regards,
Leslie R. Zeledón, City Clerk
City of New Brunswick
78 Bayard Street, Rm. 201
New Brunswick, NJ 08901
732.745.5041 (phone)
732.745.5009 (fax)