Settlement Agreement and Un-filled complaint
Dear Clark Township,
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:
- Settlement(s) between Antonio Manata and the Township of Clark, and any of its officilas/m or representatives, dated 1/29/20;
- Certification of Antonio Manata in reference to the above mentioned record
- Drafted un-filed complaint submitted to the Township of Clark by Antonio Manata in reference to the Settlement Agreement between both parties
Yours faithfully,
Anonymous
Received
Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669
Dear Anonymous,
Please see the attached correspondence and documents in connection with
your OPRA request.
Very truly yours,
Miriam Stone
Paralegal
La Corte, Bundy, Varady & Kinsella
989 Bonnel Court
Union, NJ 07083
Tel: (908) 810-0500
Fax: (908) 810-0513
[1][email address]
References
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1. mailto:[email address]
Dear Miriam Stone,
We are seeking clarification to one of the responses in your letter dated 5/31/22, specifically in reference to the "drafted un-filled complaint dated 12/4/19@. You denied our response because "no such document exists in Township records".
Since it is possible I used the wrong terminology, please find below a clarification for the specific records we are seeking and where it is referenced.
Upon examining the Settlement Agreement and the Certification released by your office, I located three (3) instances (Section 8 Page 14 Lines 11-12 and Page 15 LIne 8 of the Settlement Agreement and Section 2 line 3 of the Certification by Antonio Manata) where it clearly mentions the "...the draft of proposed but un-filed complaint, dated December 4, 2019"'.
If my terminology used to reference said document in my original was not the issue and "no such document exist in Township records , can you please provide all the records held by the Township for the dissemination and/or destruction of "the draft of proposed but un-filed complaint, dated December 4, 2019"? To clarify, according to the Certification and Settlement Agreement, two (2) copies of said document were personally delivered to John Leazza, Township Administrator, and Joseph Triarsi Jr, Township Attorney by Antonio Manata.
In such case the Township is not able to provide the "the draft of proposed but un-filed complaint, dated December 4, 2019" or specific records proving its dissemination or destruction, can you please clarify what occurred to and to whom the Township turned them over to, since the Township is obligated to retain and safeguard all records in its possession.
Thank you
Yours sincerely,
Anonymous