NJSPP Request
Dear Records Custodian,
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 certify that I have not been convicted of an indictable offense under the laws of New Jersey, any other state, or the United States. I am not seeking these records for a commercial purpose. I or another person are not seeking the provided records in connection with legal proceeding.
Records Requested
For each of the following individuals:
Officers Cole Connelly, Evan Eckels, Phillip Falzarano, Karley Hawkins, Joesph Manchio & Brian Richmond (Ocean County Police Academy Basic Class 122).
I request copies of:
1. Resume(s) submitted and maintained in connection with their employment.
2. Cover letter(s) submitted in connection with their employment.
This request is being made under both OPRA and the common law right of access. Please make an appropriate determination of both.
Legal Basis
1. OPRA Transparency Mandate
* OPRA declares that “government records shall be readily accessible…with certain exceptions, for the protection of the public interest,” and must be “construed in favor of the public’s right of access.” N.J.S.A. 47:1A-1.
* A “government record” is broadly defined as any record that is “made, maintained, kept on file, or received in the course of official business” by a public agency. N.J.S.A. 47:1A-1.1. Cover letters and resumes, by their very nature, are received in the course of the hiring process and maintained by the agency in official files, and thus meet this definition.
* Executive Order 26 (McGreevey, 2002) designates the resume of a successful candidate for public employment as a public record once the hiring process has concluded, subject to reasonable redactions.
2. Common Law Right of Access
* Even where OPRA exemptions are claimed, the common law right of access applies. A document is a public record under common law if it is created or retained in the course of a public agency’s official duties. Loigman v. Kimmelman, 102 N.J. 98 (1986).
* Moreover, cover letters typically contain only an applicant’s professional introduction and explanation of interest in the position, rather than sensitive personal information. For that reason, any privacy concerns are minimal, and the public interest in disclosure outweighs them. This further supports the conclusion that, under the common law right of access, disclosure is appropriate and necessary for transparency.
* Disclosure promotes accountability in the hiring of public employees, allowing the public to understand the professional and educational backgrounds of those entrusted with public service. Privacy concerns, to the extent they exist, can be fully addressed by redaction of sensitive identifiers.
3. Interest of Transparency
This request is made solely in the interest of transparency. All individuals identified are already hired employees of a public entity. The public has a right to know the qualifications and credentials of those serving in government positions funded by taxpayer dollars. I am interested only in professional and educational background information, not private personal details.
Requested Handling
* If you determine that any portion of the requested records is exempt, please provide the specific legal citation for each exemption and explain why redaction would not suffice.
* If access is denied, please issue determinations under both OPRA and the common law right of access.
* Please provide responsive records electronically via email.
Pursuant to N.J.S.A. 47:1A-5, this request is valid as submitted
Good Morning,
I have manually entered your request into our database. Please use the tracking number 382723 when checking on the status of your request. You should expect a response to your request within seven business days.
Keith Harley
Agency Services Representative
Office of Records Access
401 E. State Street
P.O. Box 420
Mail Code 401-06Q
Trenton, NJ 08625-0420
Phone: 609-940-7004
NOTE: This E-mail is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521. This E-Mail and its contents, may be Privileged & Confidential due to the Attorney-Client Privilege, Attorney Work Product, and Deliberative Process or under the New Jersey Open Public Records Act. If you are not the intended recipient of this e-mail, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute it.
(Do not reply to the sending address of this email as this account is not monitored).
The New Jersey Department of Environmental Protection (NJDEP), has completed processing of your Open Public Records Act (OPRA) record request. The NJDEP response to your request has been attached to this email message.
If you have any questions, please contact the Office of Record Access at (609) 341-3121, or e-mail at: [NJ DEP request email] The assigned OPRA Record Request Tracking #, identified in the Subject Line of this email, will facilitate communications with our office.
Thank you,
NJDEP - Office of Record Access
Task:
5668367 - End of Seven Day Clock
Frat:
Attached are the responsive records for the above referenced OPRA request.
Records Custodian Mailbox
NJDEP – Office of Record Access
(609) 341-3121