Dear Resident,
I would like to respectfully request an extension of two days to determine
the legal permissions regarding release of documents related to your
request.  I appreciate your understanding, due to the personal nature of
some items.  Please confirm that this is acceptable.  Thank you,
Linda
Linda Hoefele
School Business Administrator/Board Secretary
Highland Park Public School District
 
Phone (732)-572-6990 ext. 2810
Fax (732)-572-5502
On Thu, Jul 28, 2022 at 10:22 PM Resident
<[1][OPRA #34262 email]> wrote:

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

-------------------------------------------------------------------

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address for all replies to this request:
[2][OPRA #34262 email]

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Highland Park Board of Education? If so, please contact us using this
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Dear Resident,
I have consulted with our board attorney, and will be gathering the
information that is not accessible electronically on Monday, when our
offices reopen.  We are working remotely today and tomorrow, because our
office is being deep-cleaned today and tomorrow.  The resume and
non-electronic information will need to be accessed from the office and
the archives.  I am hopeful that we will be able to gather all of that
information and respond to you on Tuesday.  I apologize for the delay, and
appreciate your understanding.
Linda
Linda Hoefele
School Business Administrator/Board Secretary
Highland Park Public School District
 
Phone (732)-572-6990 ext. 2810
Fax (732)-572-5502
On Mon, Aug 8, 2022 at 4:18 PM Resident
<[1][OPRA #34262 email]> wrote:

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: [2]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:
[3]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

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

Dear Resident,
 I would like to respectfully request an extension of two days to
determine
 the legal permissions regarding release of documents related to your
 request.  I appreciate your understanding, due to the personal nature
of
 some items.  Please confirm that this is acceptable.  Thank you,
 Linda
 Linda Hoefele
 School Business Administrator/Board Secretary
 Highland Park Public School District
  
 Phone (732)-572-6990 ext. 2810
 Fax (732)-572-5502

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[4][OPRA #34262 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[5]https://opramachine.com/help/officers

View this OPRA request & responses online:
[6]https://opramachine.com/request/employee...

Please note that in some cases publication of requests and responses
will be delayed.

If you find this service useful as an OPRA custodian, please ask your
web manager to link to us from your organisation's website.
-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. https://www.nj.gov/grc/decisions/pdf/201...
3. https://www.state.nj.us/grc/meetings/pre...
4. mailto:[email address]
5. https://opramachine.com/help/officers
6. https://opramachine.com/request/employee...

hide quoted sections

Dear Resident,
Would you be agreeable to permanently deleting the pay stub file that I
sent to you yesterday, and replace with the properly redacted version
attached?  Please confirm that you have deleted it and not shared it or
used it for any purposes.  Thank you, I appreciate it very much.
Linda Hoefele
School Business Administrator/Board Secretary
Highland Park Public School District
 
Phone (732)-572-6990 ext. 2810
Fax (732)-572-5502
On Wed, Aug 17, 2022 at 7:39 PM Resident
<[1][OPRA #34262 email]> wrote:

Dear Ms. Hoefele,

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

Yours sincerely,

Resident

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

Dear Resident,

 Enclosed please find copies of the documents that you requested,
including
 the most recent pay stub for Linda Moran. The Court in Wolosky v.
Borough
 of Washington, Docket No. A-4884-15T3 (App. Div. Nov. 17, 2017)
concluded
 that the amounts of a municipal employee’s pension contributions,
pension
 loan payments, and health insurance payments are not subject to the
OPRA
 and can be redacted from payroll records in response to an OPRA
request.
 In reaching this conclusion the Court relied upon the New Jersey
 Department of Labor and Workforce Development’s regulations defining
 “payroll records” as including: (1) the beginning and ending dates; (2)
 the full name of the employee and the day or days in each calendar week
on
 which services for remuneration are performed; (3) the total amount of
 remuneration paid to the employee showing separately cash, including
 commissions and bonuses; the cash value of all compensation in any
medium
 other than cash; gratuities received regularly in the course of
employment
 if reported by the employee, or if not so reported, the minimum wage
rate
 prescribed under applicable laws of this State or of the United States
of
 the amount of remuneration actually received by the employee from his
 employing unit, whichever is the higher[,] and service charges
collected
 by the employer and distributed to workers in lieu of gratuities and
tips;
 (4) the total amount of all remuneration paid; and, (5) the number of
 weeks worked. The Court further noted that OPRA’s “right to disclosure
is
 not unlimited” and that “the public’s right of access [is] not
absolute.
 Further, as deductions and pension contributions are excluded from this
 definition, the Court found that this information is exempt from
 disclosure under OPRA. See also McCormack v. N.J. Dep't of Treasury,
GRC
 Complaint No. 2005-164 (July 2008); Jackson v. Kean Univ, GRC Complaint
 No. 2002-98 (Feb. 2004).

 Additionally, personnel records are not government records and are
 therefore prohibited from disclosure pursuant to OPRA. See N.J.S.A.
 47:1A-10. Redactions of personal email addresses, personal cellular
 telephone numbers and home addresses are permissible means by which an
 individual’s reasonable privacy expectations may be
 protected. See Scheeler v. New Jersey Department of Education, 2017 WL
 218259 (App. Div 2017); Doe v. Poritz, 142 N.J. 82 (1995) (regarding
the
 privacy concerns associated with the release of home address
 information); Flora v. Ocean County Health Department, GRC Complaint
No.
 2013-188 (2015) (regarding the redaction of personal cellular telephone
 numbers to protect an individual’s privacy interest); D’Andrea v. N.J.
 Civil Service Commission, GRC Complaint No. 2014-153 (2015) (regarding
the
 propriety of redactions of personal email addresses).

 As such, in accordance with N.J.S.A. 47:1A-10 and the aforementioned
 decisions, the enclosed records are redacted to protect confidential
 information not considered “payroll records” and therefore exempt from
 disclosure under OPRA.

 Upon submission of these documents, we now consider this OPRA request
to
 have been satisfied.  Thank you,
 Linda Hoefele
 School Business Administrator/Board Secretary
 Highland Park Public School District
  
 Phone (732)-572-6990 ext. 2810
 Fax (732)-572-5502

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[2][OPRA #34262 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[3]https://opramachine.com/help/officers

View this OPRA request & responses online:
[4]https://opramachine.com/request/employee...

Please note that in some cases publication of requests and responses
will be delayed.

If you find this service useful as an OPRA custodian, please ask your
web manager to link to us from your organisation's website.
-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://opramachine.com/help/officers
4. https://opramachine.com/request/employee...

hide quoted sections

Dear Resident,
I didn't realize that the copy that I sent to you was legal sized and
contained more information that needed to be redacted.  I would very much
appreciate your courtesy of using the attached, Fully Redacted version of
the pay stub and deleting my email from 10 minutes ago.  I apologize for
this, but I didn't realize that my printout was cut off.  Thank you again
for your courtesy, and please confirm that you will instead use the
attached version. 
Linda
Linda Hoefele
School Business Administrator/Board Secretary
Highland Park Public School District
 
Phone (732)-572-6990 ext. 2810
Fax (732)-572-5502
On Thu, Aug 18, 2022 at 12:48 PM Linda Hoefele <[1][Highland Park Board of Education request email]>
wrote:

Dear Resident,
Would you be agreeable to permanently deleting the pay stub file that I
sent to you yesterday, and replace with the properly redacted version
attached?  Please confirm that you have deleted it and not shared it or
used it for any purposes.  Thank you, I appreciate it very much.
Linda Hoefele
School Business Administrator/Board Secretary
Highland Park Public School District
 
Phone (732)-572-6990 ext. 2810
Fax (732)-572-5502
On Wed, Aug 17, 2022 at 7:39 PM Resident
<[2][OPRA #34262 email]> wrote:

Dear Ms. Hoefele,

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

Yours sincerely,

Resident

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

Dear Resident,

 Enclosed please find copies of the documents that you requested,
including
 the most recent pay stub for Linda Moran. The Court in Wolosky v.
Borough
 of Washington, Docket No. A-4884-15T3 (App. Div. Nov. 17, 2017)
concluded
 that the amounts of a municipal employee’s pension contributions,
pension
 loan payments, and health insurance payments are not subject to the
OPRA
 and can be redacted from payroll records in response to an OPRA
request.
 In reaching this conclusion the Court relied upon the New Jersey
 Department of Labor and Workforce Development’s regulations defining
 “payroll records” as including: (1) the beginning and ending dates;
(2)
 the full name of the employee and the day or days in each calendar
week on
 which services for remuneration are performed; (3) the total amount
of
 remuneration paid to the employee showing separately cash, including
 commissions and bonuses; the cash value of all compensation in any
medium
 other than cash; gratuities received regularly in the course of
employment
 if reported by the employee, or if not so reported, the minimum wage
rate
 prescribed under applicable laws of this State or of the United
States of
 the amount of remuneration actually received by the employee from his
 employing unit, whichever is the higher[,] and service charges
collected
 by the employer and distributed to workers in lieu of gratuities and
tips;
 (4) the total amount of all remuneration paid; and, (5) the number of
 weeks worked. The Court further noted that OPRA’s “right to
disclosure is
 not unlimited” and that “the public’s right of access [is] not
absolute.
 Further, as deductions and pension contributions are excluded from
this
 definition, the Court found that this information is exempt from
 disclosure under OPRA. See also McCormack v. N.J. Dep't of Treasury,
GRC
 Complaint No. 2005-164 (July 2008); Jackson v. Kean Univ, GRC
Complaint
 No. 2002-98 (Feb. 2004).

 Additionally, personnel records are not government records and are
 therefore prohibited from disclosure pursuant to OPRA. See N.J.S.A.
 47:1A-10. Redactions of personal email addresses, personal cellular
 telephone numbers and home addresses are permissible means by which
an
 individual’s reasonable privacy expectations may be
 protected. See Scheeler v. New Jersey Department of Education, 2017
WL
 218259 (App. Div 2017); Doe v. Poritz, 142 N.J. 82 (1995) (regarding
the
 privacy concerns associated with the release of home address
 information); Flora v. Ocean County Health Department, GRC Complaint
No.
 2013-188 (2015) (regarding the redaction of personal cellular
telephone
 numbers to protect an individual’s privacy interest); D’Andrea v.
N.J.
 Civil Service Commission, GRC Complaint No. 2014-153 (2015)
(regarding the
 propriety of redactions of personal email addresses).

 As such, in accordance with N.J.S.A. 47:1A-10 and the aforementioned
 decisions, the enclosed records are redacted to protect confidential
 information not considered “payroll records” and therefore exempt
from
 disclosure under OPRA.

 Upon submission of these documents, we now consider this OPRA request
to
 have been satisfied.  Thank you,
 Linda Hoefele
 School Business Administrator/Board Secretary
 Highland Park Public School District
  
 Phone (732)-572-6990 ext. 2810
 Fax (732)-572-5502

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request
and no other:
[3][OPRA #34262 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[4]https://opramachine.com/help/officers

View this OPRA request & responses online:
[5]https://opramachine.com/request/employee...

Please note that in some cases publication of requests and responses
will be delayed.

If you find this service useful as an OPRA custodian, please ask your
web manager to link to us from your organisation's website.
-------------------------------------------------------------------

References

Visible links
1. mailto:[Highland Park Board of Education request email]
2. mailto:[email address]
3. mailto:[email address]
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5. https://opramachine.com/request/employee...

hide quoted sections

Thank you very much!
On Thu, Aug 18, 2022, 3:59 PM Resident
<[1][OPRA #34262 email]> wrote:

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

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

Dear Resident,
 I didn't realize that the copy that I sent to you was legal sized and
 contained more information that needed to be redacted.  I would very
much
 appreciate your courtesy of using the attached, Fully Redacted version
of
 the pay stub and deleting my email from 10 minutes ago.  I apologize
for
 this, but I didn't realize that my printout was cut off.  Thank you
again
 for your courtesy, and please confirm that you will instead use the
 attached version. 
 Linda
 Linda Hoefele
 School Business Administrator/Board Secretary
 Highland Park Public School District
  
 Phone (732)-572-6990 ext. 2810
 Fax (732)-572-5502
 On Thu, Aug 18, 2022 at 12:48 PM Linda Hoefele <[1][Highland Park Board
of Education request email]>
 wrote:

 Dear Resident,
 Would you be agreeable to permanently deleting the pay stub file that I
 sent to you yesterday, and replace with the properly redacted version
 attached?  Please confirm that you have deleted it and not shared it or
 used it for any purposes.  Thank you, I appreciate it very much.
 Linda Hoefele
 School Business Administrator/Board Secretary
 Highland Park Public School District
  
 Phone (732)-572-6990 ext. 2810
 Fax (732)-572-5502

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[2][OPRA #34262 email]

Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[3]https://opramachine.com/help/officers

View this OPRA request & responses online:
[4]https://opramachine.com/request/employee...

Please note that in some cases publication of requests and responses
will be delayed.

If you find this service useful as an OPRA custodian, please ask your
web manager to link to us from your organisation's website.
-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://opramachine.com/help/officers
4. https://opramachine.com/request/employee...

hide quoted sections