Minutes of meeting at which closed session resolution was passed (20221223-1.txt)

The authority would like to / has responded by postal mail to this request.

Please accept this as my request for government records under both OPRA and the common law right of access. Thank you very much for your commitment to transparent government.

BACKGROUND:

According to Resolution 2022-003, the Borough Council's public meetings held during 2022 were to commence at 7 p.m. However, the Resolution also specified that prior to each closed session "the Borough Council will convene in open session at which time a resolution will be adopted in accordance with N.J.S.A. 10:4-13."

From a recent OPRA request, I learned that the Borough Council typically meets in closed session at 6:30 p.m. on the same day that it holds its public meetings. For example, the minutes of the October 17, 2022 closed session indicates that the Council entered closed session at 6:30 p.m. Resolution 2022-125, which authorized the October 17, 2022, must have been passed in public prior to the 6:30 p.m. closed session. If there was a public meeting at which Resolution 2022-125 was passed, there also ought to be minutes of that public meeting, as required by N.J.S.A. 10:4-14. Those minutes, however, are not available on the Borough's website.

RECORDS REQUESTED:

1. The minutes of the public meeting at which Resolution 2022-125 was passed.

Kerry Quinn, Shrewsbury Borough

Dear Requestor,

The Borough of Shrewsbury is in receipt of your OPRA request dated February 15th, 2023 for

“RECORDS REQUESTED:

BACKGROUND:

According to Resolution 2022-003, the Borough Council's public meetings held during 2022 were to commence at 7 p.m. However, the Resolution also specified that prior to each closed session "the Borough Council will convene in open session at which time a resolution will be adopted in accordance with N.J.S.A. 10:4-13."

From a recent OPRA request, I learned that the Borough Council typically meets in closed session at 6:30 p.m. on the same day that it holds its public meetings. For example, the minutes of the October 17, 2022 closed session indicates that the Council entered closed session at 6:30 p.m. Resolution 2022-125, which authorized the October 17, 2022, must have been passed in public prior to the 6:30 p.m. closed session. If there was a public meeting at which Resolution 2022-125 was passed, there also ought to be minutes of that public meeting, as required by N.J.S.A. 10:4-14. Those minutes, however, are not available on the Borough's website.

RECORDS REQUESTED:

1. The minutes of the public meeting at which Resolution 2022-125 was passed.
Your request requires additional time beyond the seven (7) business days to fulfill . OPRA allows custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, “the requestor shall be advised by the custodian when the record can be made available. If the record is not made available by that time, access shall be deemed denied.”

Your request requires an extension of time until March 3rd, 2023.

Thank you for your anticipated cooperation.

Kerry Quinn, RMC, CMR
Municipal Clerk
Borough of Shrewsbury
732-741-4200 *108

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John Paff left an annotation ()

The Borough Attorney's response is on-line at
https://drive.google.com/file/d/1HCw-kH8...