Superintendent of Schools Contract
Charlie Kratovil made this OPRA request to West Windsor-Plainsboro School District as part of a batch sent to 31 authorities Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear West Windsor-Plainsboro 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:
1) copy of the current contract for the Superintendent/chief executive
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,
Charlie Kratovil
Dear West Windsor-Plainsboro School District,
Please confirm you received my request. When can I expect a response? Thank you.
Yours faithfully,
Charlie Kratovil
Dear Mr. Kratovil,
I am in receipt of your OPRA request that was submitted via email at 1:39
a.m. Thursday, Sept. 12, 2024. Under OPRA, the Board has a seven (7)
business day deadline to respond to your OPRA request. Thus, your request
is due on or before Sept. 23, 2024.
Sincerely,
Kia Bergman
Custodian of Records
Dear Ms. Bergman,
I'm not sure how old the Superintendent's contract is, but if it is less than two years old, I believe it would qualify as an "immediate access" record under the OPRA. NJSA 47:1A-5(e): "Immediate access ordinarily shall be granted to budgets, bills, vouchers, contracts, including collective negotiations agreements and individual employment contracts, and public employee salary and overtime information."
Please provide a copy of the contract as soon as possible. Thank you.
Yours sincerely,
Charlie Kratovil
Dear Mr. Kratovil:
This email is in response to your OPRA Request that was sent via
OPRAmachine after hours on Sept. 12, 2024, at 1:39 a.m. The seven-business
day timeframe for the District to provide a response to your Requests
expires on Sept. 23, 2024. This response is being provided to you within
that time frame.
OPRA defines a “government record” of a public entity as “any paper,
written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document, information stored
or maintained electronically or by sound-recording or in a similar device,
or any copy thereof, that has been made, maintained or kept on file in the
course of his or its official business …” N.J.S.A. 47:1A-1.1.
Accordingly, the Board is required to produce only those records which it
maintains in the official course of business and which are not otherwise
exempt from production. Pursuant to the definition of a government
record, a public entity is not required by OPRA to research information
and/or create records that do not exist in response to OPRA requests. See
e.g., Mag Entertainment, LLC v. Division of Alcoholic Beverage Control,
375 N.J. Super. 537 (App. Div. 2005).
The Board’s response to your Request is follows:
1) copy of the current contract for the Superintendent/chief executive
Response: The Board’s responsive document is attached.
If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the District to deny access. At your
option, you may either institute a proceeding in the Superior Court of New
Jersey or file a complaint with the Government Records Council (GRC) by
completing the Denial of Access Complaint Form. You may contact the GRC
by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton,
NJ 08625, or by e-mail at [1][email address], or at their website at
[2]www.state.nj.us/grc. The GRC can also answer other questions about the
law. All questions regarding complaints filed in Superior Court should be
directed to the Court Clerk in your County.
Sincerely,
Kia Bergman
Records Custodian