Employee Payroll Records
ASK NJ Media made this OPRA request to Westwood Borough This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Westwood 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.
Attached please find the employee payroll records requested for 2017 as of the date of your request.
Please be advised that while we have provided all the other information for the 47 Summer Recreation employees who are minors, we have withheld their names to maintain their reasonable expectation of privacy, in accordance with NJSA 47:1A-1 (Legislative Findings), commonly referred to as Exemption #24 in the Handbook for Records Custodians.
Karen Hughes, Borough Clerk
Borough of Westwood
101 Washington Avenue
Westwood, NJ 07675
201-664-7100
fax: 201-664-4260
Dear Karen Hughes,
I'm objecting because I don’t think there is a privacy interest in holding a job no matter your age. Please comply with my OPRA request for payroll records of all the employees of the Borough of Westwood.
Yours sincerely,
ASK NJ Media Co.
As per our conversation this morning, my attorney is reviewing the matter. As soon as I hear back from him I will contact you.
Dear Karen Hughes,
I'm writing to follow up on a conversation that I had with you on December 20, 2017 regarding my OPRA request. Did you hear anything from the town's attorney yet?
Yours sincerely,
ASK NJ Media Co.
I was out with the flu last week so I haven't followed up with him. I'll call him this morning and let you know.
Karen
Thank you for your patience as we have reviewed your concern that the names of minors should be included in the payroll records.
Our Borough Attorney has directed that minors may be identified by their initials and the words "a minor", but not by their full names. I have reviewed all birthdays to ensure that everyone over 18 is entered with their full names, and made a number of changes to that effect. The revised document is attached. There remains 13 minors who are identified as per the Borough Attorney's direction. As I indicated in my email with the original response, we are withholding the names because these individuals have a reasonable expectation of privacy in accordance with NJSA 47:1A-1, commonly referred to as Exemption #24 in the Handbook for Records Custodians. We also believe this is in line with other instances where information regarding minors is redacted, such as Police reports.
Please be advised you have a right to challenge the decision to . 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 e-mail at [email address], or at their web site at www.state.nj.us/grc. The Council 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.
Karen Hughes, Borough Clerk
Borough of Westwood
101 Washington Avenue
Westwood, NJ 07675
201-664-7100
fax: 201-664-4260
Jennifer - Attached please find the revised document that now includes
the names of the minor employees as per yesterday’s court order.
Karen Hughes, Borough Clerk
Borough of Westwood
101 Washington Avenue
Westwood, NJ 07675
201-664-7100
fax: 201-664-4260
Dear Karen Hughes,
Thank you for your response. This confirms my receipt of the records and I consider this request fulfilled.
Yours sincerely,
ASK NJ Media Co.