Lieutenant Promotions
Dear Atlantic City,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
City of Atlantic City,
I am requesting the following records pursuant to Elcavage v. West Milford Township:
1. Any/all emails as both the sender and recipient for
All Human Resource employees
Interim Business Administrator/City Solicitor- Anthony Swan
Chief of Police-Henry White
State Monitor-Rick Richardella
All Legal Department employees
Mayor- Marty Smalls/ Frank Gilliam
Email subject/content pertaining to:
Police Lieutenant Promotions
Police Lieutenant Interviews
Police Lieutenant results, ranking, score and outcome
Date Range:
January 1 2018-Present
2. All score cards completed by each of the 5 interviewers for each of the eligible candidates (approximately 42) interviewed over many dates throughout calendar year 2018 and concluding in 2019 for the rank of Police Lieutenant maintained by the Director of Human Resources.
3. Any/all documents pertaining to the Police Lieutenant promotions, interviews and results.
Sincerely,
Craig Mulhern
OPRA Request – City of Atlantic City
Re: Police Lieutenant Promotions
Good afternoon Mr. Mulhern:
Please be advised, the response to the attached OPRA request is as
follows:
1. Emails concerning promotions, interviews, and results
a. This is denied as the requested items falls under personnel records
and under “other information concerning job applicants” and is thus exempt
from disclosure under OPRA. See Vandy v. Burlington Cty Bd. Of Social
Services, GRC Complaint No. 2016-319 citing N.J.S.A. 47:1A-9(a) and
Executive Order No. 26 (Gov. McGreevey, 2002). Also see N.J.S.A. 47:1A-10.
Additionally, the information/documents requested are exempt as advisory,
consultative or deliberative material as the information/documents would
reveal deliberations that occurred during the decision making process. See
Educ. Law Ctr. v. NJ Dep’t of Educ., 198 NJ 274 (2009).
2. All Score Cards
a. This is denied as the requested items are exempt and not subject to
disclosure under OPRA as personnel records and interagency/deliberative
records. See N.J.S.A. 47:1A-6. Also, see Lotito v. N.J. Dep’t of Labor,
Human Res., GRC Complaint No. 2013-65. Also, see Ciesla v. NJ Dep’t of
Health & Senior Serv., et als, 429 NJ. Super. 127 (App.Div. 2012)
3. Any and all documents pertaining to the Police Lieutenant
promotions, interviews and results
a. This is item is denied as both overbroad (request must not be broad
and unclear) and for the reasons referenced in the responses above. See
Executive Order No. 26 (Gov. Mcgreevey, 2002). OPRA is not intended as a
research tool to syphon and identify useful information from government
officials. See MAG Entn’t, LLC v. Div. of Alcohol Beverage Control, 375 NJ
Super. 534 (App. Div. 2005); see also Bent v. Stafford Police Dep’t., 381
NJ Super., 30 (App. Div. 2005).
Thank you.
Eddie Lax
Keyboarding Clerk III
City Clerk’s Office
City of Atlantic City
City Hall – Room #704
1301 Bacharach Boulevard
Atlantic City, NJ 08401
Phone: 609.347.5510
Fax: 609.347.6408