Employee Payroll Records
ASK NJ Media made this OPRA request to Little Ferry Borough This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Little Ferry Borough,
This is a request for public records made under OPRA and the common law right of access. I certify under penalty of NJSA 2C:28-3 that I have not been convicted of an indictable offense. Please acknowledge receipt of this message.
Records requested:
I'm requesting the following records of any and all employees for the year of 2017. Each employee record should contain: an individual’s name, title, position, salary(and longevity pay, overtime pay if applicable), payroll record, length of service, date of separation and the reason for such separation.....pursuant to N.J.S.A. 47:1A-10.
N.J.S.A. 47:1A-10
23) 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.
***The above information was taken from the Custodian's Handbook that the Government Records Council provides within the State of New Jersey.
Yours faithfully,
ASK NJ Media Co.
Please be advised that our payroll company is in the process of providing a response to your OPRA request. As soon as it is received, it will be forwarded to you.
Barbara Maldonado, RMC
Borough Clerk
Borough of Little Ferry
215-217 Liberty Street
Little Ferry, NJ 07643
201-641-8462
I have been advised today that the payroll company will be providing us with the information tomorrow. As soon as I receive it, I will forward it to you.
Barbara
Barbara Maldonado, RMC
Borough Clerk
Borough of Little Ferry
215-217 Liberty Street
Little Ferry, NJ 07643
201-641-8462
Unfortunately, the information is going to be forwarded to Lori Mudry, Accounts Receivable/Payroll Clerk and she is off today. She will be returning on Tuesday, the day after the holiday. I apologize but I have no way of getting that information until she returns.
Barbara
Barbara Maldonado, RMC
Borough Clerk
Borough of Little Ferry
215-217 Liberty Street
Little Ferry, NJ 07643
201-641-8462
As per your OPRA request, attached please find the records provided by the Borough's payroll company.
Barbara
Barbara Maldonado, RMC
Borough Clerk
Borough of Little Ferry
215-217 Liberty Street
Little Ferry, NJ 07643
201-641-8462
Dear Barbara Maldonado,
It appears that the agency's response is incomplete.
I'm requesting the following records of any and all employees for the year of 2017. Each employee record should contain: an individual’s name, title, position, salary(and longevity pay, overtime pay if applicable), payroll record, length of service, date of separation and the reason for such separation.....pursuant to N.J.S.A. 47:1A-10.
Yours sincerely,
ASK NJ Media Co.
In the document you were provided, the individual's name, position and salary were listed. Longevity pay is included in the salary for members of the Police Department, the only department that receives longevity. There are no records that would also show length of service, date of separation and reason for such separation. Such a record would have to be created.
Barbara Maldonado, RMC
Borough Clerk
Borough of Little Ferry
215-217 Liberty Street
Little Ferry, NJ 07643
201-641-8462
Dear Barbara Maldonado,
Please comply with my OPRA request.
It appears that the agency's response is incomplete.
I'm requesting the following records of any and all employees for the year of 2017. Each employee record should contain: an individual’s name, title, position, salary(and longevity pay, overtime pay if applicable), payroll record, length of service, date of separation and the reason for such separation.....pursuant to N.J.S.A. 47:1A-10.
Yours sincerely,
ASK NJ Media Co.
Dear ASK NJ Media Co.
On December 26, 2017, the Borough responded to your OPRA request and provided you with all responsive government records maintained by the Borough. This will once again confirm that the Borough does not maintain any additional government records responsive to your request.
OPRA defines “government record” or “record” as:
Any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or mage processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.
[See N.J.S.A. 47:1A-1.1]
To be considered a public record, it must be shown that the document was “made, maintained, kept or received” by a public employee or public entity in the scope of official business. Here, the Borough does not maintain or keep the balance of the requested documents in the scope of its official business, nor is it legally obligated to. It follows that the Borough is under no legal obligation to manufacture records it is not legally obligated to maintain in order to satisfy your request.
In light of this, please consider your OPRA request to be filled.
Barbara Maldonado, RMC
Borough Clerk
Borough of Little Ferry
215-217 Liberty Street
Little Ferry, NJ 07643
201-641-8462