Dear Chartertech High School For The Performing Arts,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:
I am requesting the “fob” reports and/or time sheet logs for Brian McGuire and Jill Carson for the 2022-2023 and 2023-2024 school years, including summer months.

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

Puck

Dear Jill Carson,

Timesheets and sign-in records have been ruled as non-exempt, as they are payroll records, one class of the listed personnel records that are not exempt from OPRA requests.

I would refer you to the final decision made at the January 29, 2013 Government Records Council Meeting regarding Complaint No. 2011-243 Gregory W. Havlusch, Jr. Complainant v. Borough of Allenhurst (Monmouth) Custodian of Record:

Because the requested sign-in sheets qualify as disclosable payroll records pursuant as defined by N.J.A.C. 12: 16-2.1 and effectuated by N.J.S.A. 47:1A- 10, the Council finds that the Custodian has unlawfully denied the Complainant access to the requested records. See Jackson v. Kean University, GRC Complaint No. 2002-98 (February 2004). Therefore, the Custodian must provide access to the requested records.

Additionally:
N.J.A.C. 12: 16-2.1, a Department of Labor regulation entitled ‘Payroll records,’ requires the following:

Every employing unit having workers in employment, regardless of whether such unit is or is not an "employer" as defined in the Unemployment Compensation Law, shall keep payroll records that shall
show, for each pay period:
1. The beginning and ending dates;
2. The full name of each 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 each 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 or 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 to all employees;
5. The number of weeks worked.

Please supply the requested record of both employees' fob reports.

Yours sincerely,

Puck

Dear Jill Carson,

Your previous reply indicated that they were personnel records as the basis for your denial. Am I clear that you are now stating they are in fact not personnel records?

Yours sincerely,

Puck