Employee data
Dear Monroe Township School District (Middlesex),
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:
1. The resume; all certifications; and absentee report for Kerri Tafrow from January 2010-Present.
2. The resume; all certifications; and absentee report for Dennis Ventrello from January 2010-Present.
Thank you,
Resident
Dear Resident:
The District received an OPRA request from you on July 25, 2022. You have requested the following government records:
1. The resume; all certifications; and absentee report for Kerri Tafrow from January 2010-Present.
2. The resume; all certifications; and absentee report for Dennis Ventrello from January 2010-Present.
Your request as to the employees’ resumes and attendance records is denied as the records sought are personnel records which are exempt from disclosure under N.J.S.A. 47:1A 10. Specifically, that statute sets forth the following exemption, as well as specific exceptions to the statutory exemption:
27) Personnel and pension records, except specific information identified as follows:
a. An individual’s name, title, position, salary, payroll record, length of service, date of separation and the reason for such separation, and the amount and type of any pension received,
b. When required to be disclosed by another law, when disclosure is essential to the performance of official duties of a person duly authorized by this State or the United States, or when authorized by an individual in interest.
c. Data contained in information which disclose conformity with specific experiential, educational or medical qualifications required for government employment or for receipt of a public pension, but not including any detailed
medical or psychological information.
Clearly, employees’ attendance records sought do not fall within either Exception a. or b. As to your request for employee resumes, which are not authorized by either Exception a. or b., the NJ Supreme Court narrowly defined the exception set forth in Subsection c. in Kovalcik v. Somerset Cty. Prosecutor’s Office, 206 N.J. 581 (2011), where the Court held that this exception does not authorize disclosure of all records that “evidence an employee’s educational background or even that evidence an employee’s participation in educational pursuits generally.” Rather, the Court held that the exception makes available only records “that would demonstrate that a government employee lacked a required credential and therefore failed to meet the minimum qualifications for the position.”
Your request for the named employees’ “certifications” is denied as your request is overbroad and does not request records which would demonstrate that a government employee lacked a required credential and therefore failed to meet the minimum qualifications for the position granted to the extent that the certification is required for the employees’ current positions. Rather, you are seeking all certifications, even those that are not required for the employees’ current position. Therefore, your request is denied in its entirety. See also MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 NJ. Super. 534 (App. Div. 2005), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div. 2005), New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J. Super. 166 (App. Div. 2007) and the Council’s decision in Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009).
If you wish to revise your request and resubmit it to the District, we will review and make a determination if it meets OPRA’s requirements, and if so, respond to it as required.
Dear Reeshemah Zielinski,
As to the resumes of the two employees, New Jersey's Executive Order 26 says resumes shall be disclosed as a public record once a person is hired:
https://www.state.nj.us/infobank/circula...
"1. No public agency shall disclose the resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing. The resumes of successful candidates shall be disclosed once the successful candidate is hired. The resumes of unsuccessful candidates may be disclosed after the search has been concluded and the position has been filled, but only where the unsuccessful candidate has consented to such disclosure."
Also, please refer to New Jersey's Citizens Guide to OPRA: https://www.nj.gov/grc/public/citizens/C...
Specifically, on page 13: "Resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing. The resumes of successful candidates shall be disclosed once the successful candidate is hired. The resumes of unsuccessful candidates may be disclosed after the search has been concluded and the position has been filled, but only where the unsuccessful candidate has consented to such disclosure."
Since both of these people were hired by your district, and per the state of New Jersey's links above, their resumes are public record and must be disclosed.
As to attendance records, please refer to this state of New Jersey website: https://www.state.nj.us/grc/meetings/pre...
Specifically on page 47: "The custodian denied access, citing N.J.S.A. 47:1A-10, and noting that
attendance record are not kept as payroll records in the normal course of business. The Council, however, determined that the custodian unlawfully denied access to the attendance records because same constituted payroll records in accordance with Weimer v. Township of Middletown, GRC Complaint No. 2004-22 (August 2005). See also Jackson v. Kean Univ., GRC Complaint No. 2002-98 (February 2004)(defining “payroll record” for purposes of OPRA). Therefore, the requested records should be released as a payroll record pursuant to N.J.S.A. 47:1A-10."
Due to the state of New Jersey's link above, please release the attendance records as required.
I can easily get the certifications via the Department of Education, since those too are public records, so I won't bother you with getting those.
You can remove the certifications request, and I will amend my request for just the resumes and attendance records.
Yours sincerely,
Resident
Dear Reeshemah Zielinski,
Here is an additional resource for your board attorney to review, which confirms resumes of hired employees must be released:
https://www.nj.gov/grc/decisions/pdf/201...
" Christina Moreira Complainant v. Elizabeth Board of Education (Union) Custodian of Record"
Specifically on page 12:
"Executive Order No. 26 (Gov. McGreevey, 2002) (“EO 26”) provides that: No public agency shall disclose the resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing. The resumes of successful candidates shall be disclosed once the successful candidate is hired. The resumes of unsuccessful candidates may be disclosed after the search has been concluded and the position has been filled, but only where the unsuccessful candidate has consented to such disclosure. [Id.] To briefly address the resume issue, EO 26 expressly provides that under OPRA, resumes of successful candidates must be disclosed at the end of the recruitment process. Therefore, the evidence of record supports a finding that the Custodian unlawfully denied access to the requested resume. Accordingly, the Custodian unlawfully denied access to Mr. Arceiri’s resume sought under Item No. 2 of the Complainant’s December 12, 2016 OPRA request. N.J.S.A. 47:1A-6; N.J.S.A. 47:1A-9(a); EO 26. The Custodian must therefore disclose the resume to the Complainant."
Yours sincerely,
Resident
Dear Resident:
The District received an OPRA request from you on July 25, 2022. You have requested the following government records:
1. The resume; all certifications; and absentee report for Kerri Tafrow from January 2010-Present.
2. The resume; all certifications; and absentee report for Dennis Ventrello from January 2010-Present.
On or about August 2, 2022, the Custodian responded to your request informing you that, as to the employees’ resumes and attendance records, your request was being denied as the records sought were personnel records which are exempt from disclosure under N.J.S.A. 47:1A 10, providing a detailed statement of the Custodian’s reasoning.
The Custodian also informed you that your request for the named employees’ “certifications” was being denied as your request was overbroad and did not request records which would demonstrate that a government employee lacked a required credential and therefore failed to meet the minimum qualifications for the position granted to the extent that the certification is required for the employees’ current positions. Rather, you were seeking all certifications, even those that are not required for the employees’ current position. Therefore, your request was denied in its entirety pursuant to the law discussed in MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 NJ. Super. 534 (App. Div. 2005), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div. 2005), New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J. Super. 166 (App. Div. 2007) and the Council’s decision in Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009).
The Custodian also informed you that if you wished to revise your request and resubmit it to the District, the Custodian would review your revised request and make a determination if it met OPRA’s requirements, and if so, respond to it as required.
On August 3 and 4, 2022, respectively, you furnished the Custodian with legal support for your position that you were entitled to receive both the requested resumes and attendance records. You did not dispute the Custodian’s decision as to the requested Certifications nor provide a revised request more narrowly tailored to the specific Certifications to which you would be entitled under OPRA.
Upon further consideration, and in view of the legal support presented by you which the Custodian appreciates, the Custodian revises the earlier decision denying your requests for the resumes and attendance records. Those records that are in the District’s custody and are responsive to that aspect of your request are attached to this email. Please note that District does not have attendance records prior to 2014. Also, please note that Dennis Ventrello retired August 1, 2018 and thus, there would be no attendance records for him subsequent to that date.
If you wish to submit a revised, more narrowly tailored request regarding these employees’ certifications which meets OPRA’s requirements, to the extent the District has such records they will be supplied promptly.
Thank you for your cooperation.
Dear Reeshemah Zielinski,
Thank you very much for your response. I appreciate that you took the time to look through the links I provided and agreed that these items are public records. I have seen some OPRA custodians in recent months just deny everything, even after being presented with the actual law, so it's nice to see that you were able to review things and reverse your decision!
Yours sincerely,
Resident
Dear Reeshemah Zielinski,
In regards to the third item (teacher certifications), please review this OPRA ruling regarding teacher certifications being public records that must be released:
Link: https://www.nj.gov/grc/decisions/pdf/201...
Specifically on page 20 of the PDF: "In Bonanno v. Garfield Board of Education Business Department, GRC Complaint No. 2006-62 (June 2008), the Complainant requested personnel information including copies of certificates, diplomas, and transcripts for administrators and teachers. The Custodian denied the requested records, asserting that they were exempt from disclosure under OPRA because they were part of an individual’s personnel file. The GRC determined that because “...teachers and administrators must meet specific requirements for employment in a New Jersey school district, the documents requested by the Complainant… are considered government records pursuant to N.J.S.A. 47:1A10… and therefore should be releasable to the public with appropriate redactions, if any.”
Yours sincerely,
Resident
Dear Resident,
Your request is granted. Attached hereto please find responsive records.
Dear Reeshemah Zielinski,
Confirming receipt. Thanks for your time & assistance.
Yours sincerely,
Resident