Gina LaPaca unethical behavior with subordinates record requests #2
Dear Neptune Township,
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:
Dear Gabriella Siboni,
I hope this message finds you well. Pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., I am formally requesting the following records:
1-Phone Logs:
I request all phone logs, including time stamps, between Business Administrator Gina LaPlaca (917) 648-4720 and (609) 218-3798 and Sergeant Frank Maletto (732) 239-2382 for the period from August 1, 2024 through October 11, 2024.
2-Phone Logs and Emails:
I request all phone logs and email communications between Business Administrator Gina LaPlaca (917) 648-4720 and (609) 218-3798 and Mr. David Milmoe for the period from September 8, 2024 through October 11, 2024.
3-Business Administrator's Contract:
I also request a copy of the current contract for Business Administrator Gina LaPlaca. This contract falls under public records and is being requested for comparison purposes in relation to previous inquiries and concerns.
Additionally, I would like to address the context surrounding this request. It is my understanding that Mr. David Milmoe has been working from an "administrative" office, yet he continues to receive compensation in line with his role as Director of Public Works. The close communication and favoritism displayed by Ms. LaPlaca toward this individual, as well as Sergeant Maletto, has raised significant concerns among employees, unions and taxpayers regarding her potential ethical violations and impartiality in fulfilling her duties.
As noted in recent public reports, similar situations in nearby towns such as Howell and Red Bank resulted in investigations and suspensions of officials for comparable behaviors. In light of this, it is concerning that Ms. LaPlaca has not been subject to similar accountability measures, despite clear indications of ethical violations in her dealings with subordinates.
I trust that the phone logs and emails requested do not fall under broad or "blanket" requests, and I anticipate the fulfillment of my request within the statutory time frame of seven (7) business days.
Please confirm receipt of this request and advise if any clarification is needed. If any portion of this request is denied, I ask that you provide the specific legal basis for the denial.
Thank you for your time and attention to this matter. I look forward to your response.
Sincerely,
John Klein
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.
Please see below in response to the request received. :
1-Phone Logs:
I request all phone logs, including time stamps, between Business
Administrator Gina LaPlaca (917) 648-4720 and (609) 218-3798 and Sergeant
Frank Maletto (732) 239-2382 for the period from August 1, 2024 through
October 11, 2024.
Pursuant to NJSA 47-1A-1 et seq, criteria for correspondence requests: A
custodian shall not be required to complete a request, including for, but
not limited to, mail, email, text messages, correspondence, or social
media postings and messages, if the request does not identify a specific
job title or accounts to be searched, a specific subject matter, and is
not confined to a reasonable time period, or if the custodian determines
that the request would require research and the collection of information
from the contents of government records and the creation of new government
records setting forth that research and information.
To the extent that you have requested phone logs “between” two employees,
no such records exist as phone logs are not kept in a manner that is
sufficiently circumscribed to narrowly identify the records requested. If
you clarify this request, the Township will respond accordingly.
2-Phone Logs and Emails:
I request all phone logs and email communications between Business
Administrator Gina LaPlaca (917) 648-4720 and (609) 218-3798 and Mr. David
Milmoe for the period from September 8, 2024 through October 11, 2024.
Pursuant to NJSA 47-1A-1 et seq, criteria for correspondence requests: A
custodian shall not be required to complete a request, including for, but
not limited to, mail, email, text messages, correspondence, or social
media postings and messages, if the request does not identify a specific
job title or accounts to be searched, a specific subject matter, and is
not confined to a reasonable time period, or if the custodian determines
that the request would require research and the collection of information
from the contents of government records and the creation of new government
records setting forth that research and information.
To the extent that you have requested phone logs “between” two employees,
no such records exist as phone logs are not kept in a manner that is
sufficiently circumscribed to narrowly identify the records requested. If
you clarify this request, the Township will respond accordingly.
3-Business Administrator's Contract:
I also request a copy of the current contract for Business Administrator
Gina LaPlaca. This contract falls under public records and is being
requested for comparison purposes in relation to previous inquiries and
concerns.
Please see attached to this request
If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Township of Neptune 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 e-mail at [1][email address], or at
their web site 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.
Best Regards,
Gabriella Siboni
Township Clerk
Township of Neptune
25 Neptune Blvd
Neptune, NJ 07753
[3][email address]
732.988.5200 Ext. 234
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. mailto:[email address]