Dear Middlesex Borough School District,

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 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:

I request a copy of the arbitrator’s report, ruling, or determination regarding collective negotiations between the Middlesex Education Association (MEA) and the Middlesex Board of Education.

Legal Basis for Disclosure

To preempt any unnecessary legal review or denial, I wish to clarify that this document does not fall under any OPRA exemptions, specifically:

1. This is Not an “Inter-Agency” or “Intra-Agency” Record (N.J.S.A. 47:1A-1.1)
The inter-agency or intra-agency exemption applies only to records exchanged within or between government agencies. The arbitrator is a neutral third party, not part of the Middlesex Board of Education or any government entity, and thus this exemption does not apply. Additionally, the Middlesex Education Association (MEA) is a private entity, meaning this arbitration process is not purely internal to government agencies and cannot be classified as an intra-agency record.

2. This Report is Not a Negotiation Strategy Document (N.J.S.A. 47:1A-1.1)
The collective bargaining exemption under OPRA applies only to negotiation strategy, proposals, or positions created by or for the Board of Education. An arbitrator’s ruling is an independent determination, not a negotiation document generated “by or on behalf of a public employer.” Once arbitration reaches a stage where a ruling is issued, it becomes a final or interim decision that guides public policy, making it a public record subject to disclosure.

Precedent for Disclosure of Arbitration Reports

It is well-established that finalized arbitration awards in public sector disputes are publicly available. The New Jersey Public Employment Relations Commission (PERC) maintains a public database of such arbitration awards, accessible at:
https://perc.state.nj.us/iaawards.nsf

Since other arbitration rulings have been disclosed in the past, the Middlesex Board of Education cannot classify this report as exempt from OPRA without violating established precedent.

Yours faithfully,

Joe P