Dear Highland Park Board of Education,

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:

The yearly salary history; most recent pay stub; resume; and absentee report for Linda Moran from 2000-Present.

Yours sincerely,

Resident

Dear Ms. Hoefele,

That is certainly fine. I just heard back from another district in regards to releasing resumes and attendance records. They seemed unclear on the OPRA law as well, and I provided them with these links to review. After reviewing the links, after initially denying the release of the resume and attendance records, they agreed with the links I provided and immediately sent me the requested records.

In order to assist you, since it helped the other district in releasing the records, please review the following below:

1. In regards to resumes being public records:

Link: https://www.nj.gov/grc/decisions/pdf/201...

Executive Order No. 26, which details that resumes for employees hired are considered public records and must be sent upon request, the important part regarding resumes being this: "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."

Case: "Christina Moreira Complainant v. Elizabeth Board of Education (Union) Custodian of Record"

Specifically on page 12 of the PDF: "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."

2. In regards to attendance records being public records:

Link: https://www.state.nj.us/grc/meetings/pre...

Specifically on page 47 of the PDF: "In Burdick v. Franklin Twp. Bd. Of Educ. (Hunterdon), GRC Complaint No. 2007-74 (Interim Order dated October 31, 2007), the complainant sought “[a]ttendance records of all full time employees and all members of the administration . . . for the period of July 1, 2005 to June 30, 2006 ." 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."

Yours sincerely,

Resident

Dear Ms. Hoefele,

Confirming receipt of the records. Thank you for your time & assistance!

Yours sincerely,

Resident

Dear Ms. Hoefele,

As requested, I have deleted the previous copies you sent and will instead use the most recent pay stub email you sent on August 18.

Yours sincerely,

Resident