Dear West Windsor-Plainsboro School District,

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, resume, all certifications, and absentee report for Kimberly Hudak from 2010-2019.

Yours faithfully,

Resident

Dear Kia Bergman,

I believe you are incorrect about not having to supply the resume and attendance records as a public record. Please have the board's attorney review these two New Jersey state OPRA rulings

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 Kia Bergman,

Confirming receipt. Thank you for your time & assistance!

Yours sincerely,

Resident