Kelly v. NBPA Settlement - Follow-up Request
Dear New Brunswick Parking Authority,
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-5(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: A complete copy of the executed settlement agreement in KELLY v. NEW BRUNSWICK PARKING AUTHORITY (3:2024cv10706). I have previously requested this record and was told it would be shared with me when it was executed.
My preferred delivery method for response(s) to this request is by E-mail as an attachment.
Yours faithfully,
Charlie Kratovil
Thank you for your email. I am currently out on leave and will have
limited access to email.
For any urgent questions or assistance during my absence, please contact
Darsheena Castine at [email address].
I will respond to your message as soon as possible upon my return.
Best regards,
Alexandra Perez
Human Resource Manager
Denial provided on May 13, 2026
---------- Forwarded message ---------
From: Aaron Rainone <[1][email address]>
Date: Wed, May 13, 2026 at 3:28 PM
Subject: RE: OPRA request - Kelly v. NBPA settlement
To: Charlie Kratovil <[2][email address]>, [3][email address]
<[4][email address]>
Dear Mr. Kratovil:
This correspondence is the New Brunswick Parking Authority's response to
your request submitted pursuant to the Open Public Records Act, N.J.S. A.
47:1A-1 et seq. (OPRA), seeking a copy of the settlement agreement related
to Kelly v. the NBPA.
The New Brunswick Parking Authority denies your request at this time
because the document you seek is not a final, executed settlement
agreement. Rather, it is a draft/proposed agreement that remains under
negotiation and has not been approved or finalized. As such, it is not a
final agency record subject to disclosure at this stage.
As you are aware, OPRA does not require disclosure of records that are
pre-decisional and deliberative in nature, including draft documents and
materials reflecting ongoing negotiations. Disclosure of a non-final
settlement document would reveal negotiating positions and internal
deliberations before the Authority has reached a final determination.
If and when a final settlement agreement is fully executed, you may submit
a new OPRA request at that time, and the Authority will evaluate the
request consistent with OPRA and applicable law.
Aaron L. Rainone, Esq. | Associate Attorney
[5]Logo_Color_Crop
555 U.S. Route One South, Suite 440
Iselin, New Jersey 08830
Direct: (732) 709-4182
Fax: (732) 791-1555
Email: [6][email address]
[7]www.njrcmlaw.com
From: Charlie Kratovil <[8][email address]>
Sent: Wednesday, May 13, 2026 2:40 PM
To: [9][email address]
Cc: Aaron Rainone <[10][email address]>
Subject: OPRA request - Kelly v. NBPA settlement
Hi,
Per Ms. Perez' auto-response, I am reaching out to you to request a copy
of the settlement agreement in KELLY v. NEW BRUNSWICK PARKING AUTHORITY
(3:2024cv10706). I'm also copying the general counsel for the authority
on this message.
Thank you
Charlie Kratovil
References
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