Employee Information
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 Sir/Madam,
I am responding as the records custodian for the West Windsor-Plainsboro
Regional School District Board of Education (“Board”). You sent an OPRA
request after hours on Friday, July 29, 2022. I, the records custodian for
the Board, did not receive your request until Monday, Aug. 1, 2022.
Accordingly, the seven business day timeframe for responding to your
request is Aug. 10, 2022. This response is being provided to you within
the seven-business day time frame for a response. The specific request
was as follows:
“The yearly salary history, resume, all certifications, and absentee
report for Kimberly Hudak from 2010-2019.”
Listed below please find the salary history for Kimberly Hudak. We are
obliged to deny the remainder of your request. OPRA includes twenty-seven
(27) specific exemptions from disclosure. As required by N.J.S.A. 47:
1A-6, the legal basis for this denial follows.
Under N.J.S.A. 47: 1A-10 “the personnel or pension records of any
individual in the possession of a public agency, including but not limited
to records relating to any grievance filed by or against an individual,
shall not be considered a government record and shall not be made
available for public access, except that:
• an individual's name, title, position, salary, payroll record, length of service, date of separation and the reason therefor, and the amount and type of any pension received shall be a government record;
• personnel or pension records of any individual shall be accessible 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; and
• 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, shall be a government record.
Thus, a resume, all certifications, and absentee report, if they existed,
would not be records that could be released.
Kimberly Hudak 2010-2019 Salary History:
• 2009-10: $83,820
• 2010-11: $85,820
• 2011-12: $87,170
• 2012-13: $88,070
• 2013-14: $88,970
• 2014-15: $94,620
• 2015-16: $95,470
• 2016-17: $96,775
• 2017-18: $97,975
• 2018-19: $99,275
You have a right to challenge the decision to deny access. At your option,
you may either institute a proceeding in the Superior Court of New Jersey
or file a complaint with the Government Records Council (GRC) by
completing the Denial of Access Complaint Form. You may contact the GRC
by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton,
NJ, 08625, by email at [1][email address], or at their website at
[2]www.state.nj.us/grc. The GRC can also answer other questions about the
law. All questions regarding complaints filed in Superior Court should be
directed to the Court Clerk in your County.
Please let me know if you have questions or concerns.
Sincerely,
Kia Bergman
Custodian of Records
---------- Forwarded message ---------
From: Resident <[3][OPRA #34281 email]>
Date: Fri, Jul 29, 2022 at 7:12 PM
Subject: [EXTERNAL]OPRA request - Employee Information
To: OPRA requests at West Windsor-Plainsboro School District
<[4][email address]>
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
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[5][OPRA #34281 email]
Is [6][email address] the wrong address for OPRA requests to West
Windsor-Plainsboro School District? If so, please contact us using this
form:
[7]https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://opramachine.com/help/officers
View this OPRA request & responses online:
[9]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.
-------------------------------------------------------------------
--
Christopher J. Russo, Ed.D.
Assistant Superintendent for Finance
West Windsor-Plainsboro Regional School District
321 Village Road East, West Windsor, NJ 08550
[10][email address]
Please Note that my email has changed to [11][email address]
References
Visible links
1. mailto:[email address]
2. https://urldefense.proofpoint.com/v2/url...
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]
6. mailto:[email address]
7. https://opramachine.com/change_request/n...
8. https://opramachine.com/help/officers
9. https://opramachine.com/request/employee...
10. mailto:[email address]
11. mailto:[email address]
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 Sir/Madam,
Thank you for your email below. Based on the authority you have cited,
attached are responsive documents redacted as necessary to remove
sensitive and confidential information.
Sincerely,
Kia Bergman
Custodian of Records
On Fri, Aug 5, 2022 at 1:26 PM Resident
<[1][OPRA #34281 email]> wrote:
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: [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 Sir/Madam,
I am responding as the records custodian for the West
Windsor-Plainsboro
Regional School District Board of Education (“Board”). You sent an OPRA
request after hours on Friday, July 29, 2022. I, the records custodian
for
the Board, did not receive your request until Monday, Aug. 1, 2022.
Accordingly, the seven business day timeframe for responding to your
request is Aug. 10, 2022. This response is being provided to you within
the seven-business day time frame for a response. The specific request
was as follows:
“The yearly salary history, resume, all certifications, and absentee
report for Kimberly Hudak from 2010-2019.”
Listed below please find the salary history for Kimberly Hudak. We are
obliged to deny the remainder of your request. OPRA includes
twenty-seven
(27) specific exemptions from disclosure. As required by N.J.S.A. 47:
1A-6, the legal basis for this denial follows.
Under N.J.S.A. 47: 1A-10 “the personnel or pension records of any
individual in the possession of a public agency, including but not
limited
to records relating to any grievance filed by or against an individual,
shall not be considered a government record and shall not be made
available for public access, except that:
• an individual's name, title, position, salary, payroll record, length
of service, date of separation and the reason therefor, and the amount
and type of any pension received shall be a government record;
• personnel or pension records of any individual shall be accessible
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; and
• 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, shall be a
government record.
Thus, a resume, all certifications, and absentee report, if they
existed,
would not be records that could be released.
Kimberly Hudak 2010-2019 Salary History:
• 2009-10: $83,820
• 2010-11: $85,820
• 2011-12: $87,170
• 2012-13: $88,070
• 2013-14: $88,970
• 2014-15: $94,620
• 2015-16: $95,470
• 2016-17: $96,775
• 2017-18: $97,975
• 2018-19: $99,275
You have a right to challenge the decision to deny access. At your
option,
you may either institute a proceeding in the Superior Court of New
Jersey
or file a complaint with the Government Records Council (GRC) by
completing the Denial of Access Complaint Form. You may contact the
GRC
by toll-free telephone at 866-850-0511, by mail at P.O. Box 819,
Trenton,
NJ, 08625, by email at [1][email address], or at their website at
[2][4]www.state.nj.us/grc. The GRC can also answer other questions
about the
law. All questions regarding complaints filed in Superior Court should
be
directed to the Court Clerk in your County.
Please let me know if you have questions or concerns.
Sincerely,
Kia Bergman
Custodian of Records
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[5][OPRA #34281 email]
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[6]https://opramachine.com/help/officers
View this OPRA request & responses online:
[7]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. http://www.state.nj.us/grc
5. mailto:[email address]
6. https://opramachine.com/help/officers
7. https://opramachine.com/request/employee...
Dear Kia Bergman,
Confirming receipt. Thank you for your time & assistance!
Yours sincerely,
Resident