Specific M1 Request 2
Dear Bergen County,
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:
Michael Bellucci
Stanley Piehler
Jared Lautz
Peter Botsolas
Cesar Guerra
Brian Clancy
Natalie Cureton
Edward Donlan
Joanne Cimuluca
Annie Scardino
Derek Sands
Danny Guerra
Michele Fullam
Melissa Debartolo
Michele Diiorgi
Michael Dressler
Raymond Dressler
Frank DelVechio
Ralph Rivera
Russel Martin
Kenny Corcoran
Phil Arfuso
Adam Silverstein
Mathew Shin
Doyaranjan Subramaniam
Mark Schrieks
Raymond Guiddetti
Albert Lukin
Please note this is a re-request which was rejected under NJSA 47:1A-10, which was unduly rejected. This exemption relates to Personnel files in general, however the State of New Jersey Government Records Council’s Readable Version of the Open Public Records Act NJSA 47:1A-1 states in relation to the documents requested that “an individuals name, title, position, salary, payroll record, length of service, date of service, date of separation and the reason therefor, and the amount and type of any pension shall be a government record.”
Therefore the information on this form is something that has been satisfied with prior OPRA requests and the only information I which need be redacted is the social security number.
There is no commentary or exempted purpose this record would fall into otherwise. The record can not be denied just because it is filed with personnel.
Yours faithfully,
David Mathews
Dear Bergen County,
I wanted to clarify and provide for an automatic extension as part of my original request was cut off. To clarify these are for copies of the M1 forms from executed 2016 through present.
Again to reiterate the information on the forms is not within the bounds of the personnel exemption. These forms have employee names, start dates, end dates, salaries and budget source information. The only section on the form to be redacted would be the social security number.
The exemption was not intended to cover these top line topics but more to protect an employees discipline record, resume, medical information and more. The mere existence in the division of personnel does not exempt the record from OPRA.
Yours faithfully,
David Mathews
Mr. Mathews:
As stated previously the M1 request for personal changes/personal action forms required by the County for any personnel actions taken are by its very nature a personnel record and are thereby exempt from disclosure under the Open Public Records Act. N.J.S.A. 47:1A-10 states "the personnel or pension records of any individual in the possession of a public agency, including but not limited to records relating to any grievance filed by or against an individual, shall not be considered a government record and shall not be made available for public access, except that: an individual's name, title, position, salary, payroll record, length of service, date of separation and the reason therefor, and the amount and type of any pension received shall be a government record." In response to your request, the County has attached payroll spreadsheets containing the non-exempt information for the employees below for the years 2016-2019.
Thank you for your attention to the above
-----Original Message-----
From: David Mathews <[OPRA #6967 email]>
Sent: Monday, August 19, 2019 3:31 PM
To: countyclerk <[Bergen County request email]>
Subject: OPRA request - Specific M1 Request 2
Dear Bergen County,
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:
Michael Bellucci
Stanley Piehler
Jared Lautz
Peter Botsolas
Cesar Guerra
Brian Clancy
Natalie Cureton
Edward Donlan
Joanne Cimuluca
Annie Scardino
Derek Sands
Danny Guerra
Michele Fullam
Melissa Debartolo
Michele Diiorgi
Michael Dressler
Raymond Dressler
Frank DelVechio
Ralph Rivera
Russel Martin
Kenny Corcoran
Phil Arfuso
Adam Silverstein
Mathew Shin
Doyaranjan Subramaniam
Mark Schrieks
Raymond Guiddetti
Albert Lukin
Please note this is a re-request which was rejected under NJSA 47:1A-10, which was unduly rejected. This exemption relates to Personnel files in general, however the State of New Jersey Government Records Council’s Readable Version of the Open Public Records Act NJSA 47:1A-1 states in relation to the documents requested that “an individuals name, title, position, salary, payroll record, length of service, date of service, date of separation and the reason therefor, and the amount and type of any pension shall be a government record.”
Therefore the information on this form is something that has been satisfied with prior OPRA requests and the only information I which need be redacted is the social security number.
There is no commentary or exempted purpose this record would fall into otherwise. The record can not be denied just because it is filed with personnel.
Yours faithfully,
David Mathews
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Please use deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #6967 email]
Is [Bergen County request email] the wrong address for OPRA requests to Bergen County? If so, please contact us using this form:
http://smtp2.co.bergen.nj.us:32224/?dmVy...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
http://smtp2.co.bergen.nj.us:32224/?dmVy...
View this OPRA request & responses online:
http://smtp2.co.bergen.nj.us:32224/?dmVy...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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Mr. Mathews:
As stated previously the M1 request for personal changes/personal action forms required by the County for any personnel actions taken are by its very nature a personnel record and are thereby exempt from disclosure under the Open Public Records Act. N.J.S.A. 47:1A-10 states "the personnel or pension records of any individual in the possession of a public agency, including but not limited to records relating to any grievance filed by or against an individual, shall not be considered a government record and shall not be made available for public access, except that: an individual's name, title, position, salary, payroll record, length of service, date of separation and the reason therefor, and the amount and type of any pension received shall be a government record." In response to your request, the County has attached payroll spreadsheets containing the non-exempt information for the employees below for the years 2016-2019.
Thank you for your attention to the above
-----Original Message-----
From: David Mathews <[OPRA #6967 email]>
Sent: Thursday, August 22, 2019 8:24 AM
To: countyclerk <[Bergen County request email]>
Subject: Re: OPRA request - Specific M1 Request 2
Dear Bergen County,
I wanted to clarify and provide for an automatic extension as part of my original request was cut off. To clarify these are for copies of the M1 forms from executed 2016 through present.
Again to reiterate the information on the forms is not within the bounds of the personnel exemption. These forms have employee names, start dates, end dates, salaries and budget source information. The only section on the form to be redacted would be the social security number.
The exemption was not intended to cover these top line topics but more to protect an employees discipline record, resume, medical information and more. The mere existence in the division of personnel does not exempt the record from OPRA.
Yours faithfully,
David Mathews
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #6967 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
http://smtp1.co.bergen.nj.us:32224/?dmVy...
View this OPRA request & responses online:
http://smtp1.co.bergen.nj.us:32224/?dmVy...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
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