Marco D Navarro

Dear Union City,

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:

Please provide any and all records, policies, procedures, ordinances, directives, guidelines, memoranda, or legal authorities that govern the creation, maintenance, retention, and content of employee personnel files for the City of Union City and its EMS Department. This includes, but is not limited to, any provisions under the New Jersey Open Public Records Act, the New Jersey Civil Service Act, and any rules, regulations, or guidance issued by the New Jersey Civil Service Commission or other applicable state or local authority. Specifically, please include any records that define or describe what materials must be included in personnel files, what materials are prohibited or excluded, and any standards or procedures governing the inclusion of documents such as incident reports, disciplinary records, internal communications, evaluations, or other employment-related documentation.

Additionally, please provide any and all records, policies, or legal authorities that grant or describe the scope of discretion afforded to administrators, supervisors, or managers in determining what documents are entered into, maintained within, or excluded from employee personnel files. This includes any written policies, internal guidance, memoranda, or correspondence that establish, interpret, or acknowledge such discretion. If no such written authority exists, please provide any records reflecting that the inclusion or exclusion of documents in personnel files is determined solely at the discretion of administration without formal policy or regulatory guidance. No such record exists, please provide with such response.

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.

Yours faithfully,

Marco D Navarro

Samuel Aguila, Union City

1 Attachment

Good Afternoon,

Please be advised your request will take additional time. A response will be provided to you on or before May 15th.

If you have any questions or concerns, please do not hesitate to email or contact the office at (201) 348-5731.

Best Regards,

Samuel Aguila
City Clerk's Office
3715 Palisade Avenue
Union City, NJ 07087
Phone (201) 348-5731

Marco D Navarro

Dear Samuel Aguila,

good afternoon, it is now May 20th, 3 days past the provided extension date. Are you able to provide an update to my request?
Yours sincerely,

Marco D Navarro

Marco D Navarro

Dear Union City,

Please pass this on to the person who conducts Open Public Records Act reviews.

I am writing to request an internal review of Union City's handling of my OPRA request 'Personnel records policy'.

We are way past the extension date, and I’m still requesting the information. Please provide it as soon as possible.

A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/personne...

Yours faithfully,

Marco D Navarro

Samuel Aguila, Union City

1 Attachment

Dear Mr. Marco D. Navarro:

Please accept this following as the City of Union City's response to your OPRA Request (Tracking No.: 002396).

Your request is denied as it is a request for information and fails to request an identifiable government record. OPRA operates to make identifiable government records "readily accessible for inspection, copying, or examination." N.J.S.A. 47:1A-1. The Custodian is not required to research their files to figure out which records, if any, might be responsive to a broad or unclear OPRA request. James Donato v. Township of Union, Complaint No. 2005-182 (February 2007).

Thank you.

Samuel Aguila, Union City

2 Attachments

Dear Mr. Marco D. Navarro:

 

Please accept this following as the City of Union City's response to your
OPRA & Common Law Request (Tracking No.: 001865).

 

Please see enclosed records responsive to your request seeking EMS polices
regarding personnel records.

 

The remainder of your request is denied as it overbroad and vague.
N.J.S.A. 47:1A-1. See also, Mag Entertainment, LLC v. Division of
Alcoholic Beverage Control, 375 N.J. Super 534, 546 (March 2005); Michael
Bent v. Stafford Township Police Dept., GRC case 2004-78 (2004). Also,
your common law request is denied insofar as it too is overbroad and
vague. Moreover, you have failed to provide a specified interest in the
documents in order to warrant disclosure. Rivera v. Union County
Prosecutor’s Office, 250 N.J. 124 (2022).  

 

Thank you.