PASHMAN PASHMAN STEIN STEINWALDER WALDERHAYDEN HAYDEN A Professional Corporation Professional Corporation Court PlazaSouth South Court Plaza 21 Main Street,Suite Suite200 200 Main Street, Hackensack, NewJersey Jersey07601 07601 Hackensack, New (201) 488-8200 CJ GRIFFIN,ESQ. ESQ.(#031422009) (#031422009) CJ GRIFFIN, Attorneys forPlaintiff, Plaintiff, Attorneys for Libertarians Government, Libertariansfor forTransparent Transparent Government, a NJ NJ Nonprofit NonprofitCorporation Corporation

LIBERTARIANS FORTRANSPARENT TRANSPARENT LIBERTARIANS FOR GOVERNMENT, NJNONPROFIT NONPROFIT GOVERNMENT, AANJ CORPORATION, CORPORATION,

: SUPERIOR SUPERIORCOURT COURTOF OF NEW JERSEY NEW JERSEY : LAW LAW DIVISION: DIVISION:MERCER MERCER COUNTY COUNTY NO:MER-LMER-L: DOCKET DOCKET NO:

Plaintiff, Plaintiff,

Civil Action Action

v. VERIFIED VERIFIEDCOMPLAINT COMPLAINT NEW JERSEYSTATE STATEPOLICE POLICE and DAVID NEW JERSEY and DAVID : : ROBBINS in his hisofficial officialcapacity capacityasascustodian custodian ROBBINS in ofof : : records forthe theNew NewJersey JerseyState State Police, records for Police, Defendants. Defendants. Plaintiff, Libertarians Transparent Government, NJ Nonprofit Corporation, Plaintiff, Libertarians forfor Transparent Government, a NJ aNonprofit Corporation, throughthrough its undersigned undersignedcounsel, counsel,Pashman Pashman Stein Walder Hayden, A Professional Corporation, complains Stein Walder Hayden, A Professional Corporation, complains against theDefendants Defendantsasasfollows: follows: against the 1.

This is an an action actionalleging allegingviolation violationofofthe the New Jersey Open Public Records This is New Jersey Open Public Records Act,Act,

N.J.S.A. 47:1A-1 to to -13, -13, ("OPRA"), ("OPRA"),and and common right of access to public records. N.J.S.A. 47:1A-1 thethe common lawlaw right of access to public records. 2.

Plaintiff bringsthis thisaction action because Defendants have unlawfully denied Plaintiff Plaintiff brings because Defendants have unlawfully denied Plaintiff

access to to government governmentrecords recordsand/or and/or information which the subject an OPRA request. information which werewere the subject of anof OPRA request.

PARTIES PARTIES 3.

Plaintiff PlaintiffLibertarians Libertarians forfor Transparent Transparent Government, Government, a NJ aNonprofit NJ Nonprofit Corporation Corporation is is

non-profitNew NewJersey Jerseycorporation corporation with a mailing address 73 Servis Road, Skillman, a non-profit with a mailing address at 73atServis Road, Skillman, New New Jersey, 08558. Jersey, 08558. 4.

Defendant NewJersey JerseyState StatePolice Police ("State Police") a government agency Defendant New ("State Police") is aisgovernment agency

organized pursuant organized pursuant toto thethe laws laws of of thethe State State of New of New Jersey. Jersey. Defendant Defendant has ahas principal a principal mailing mailing address StatePolice PoliceHeadquarters, Headquarters, Building River Road, Trenton, New Jersey address atatState Building 15, 15, River Road, WestWest Trenton, New Jersey 08628.08628. 5.

Defendant DavidRobbins Robbins("Robbins") ("Robbins") a custodian of records forState the State Defendant David is aiscustodian of records for the

Police and andisisbeing beingsued suedininhis hisprofessional professional capacity. capacity. Upon Upon information information and and belief, belief, he maintains he maintains a principal principaloffice officeatatState StatePolice Police Headquarters, Building 15, River Road, Trenton, Headquarters, Building 15, River Road, WestWest Trenton, New New Jersey 08628. Jersey 08628. 6.

The State The StatePolice Police"ma[kes], "ma[kes],maintain[s] maintain[s] or or ke[cps] kc[cps] on on file," file," or "receive[s] or "receive[s] in the in the

course of... of...its official business" business"government government records, is thereby subject to OPRA. course its official records, andand is thereby subject to OPRA. VENUE VENUE 7.

Venue is Venue is properly properlylaid laidininMercer Mercer County County because because Defendant Defendant StateState Police Police is a is a

public entity entitylocated locatedininMercer Mercer County because cause of action in Mercer County. public County andand because the the cause of action arosearose in Mercer County. R. 4:3-2(a). 4:3-2(a). FACTUAL FACTUALALLEGATIONS ALLEGATIONS 8.

On December On December20, 20,2016, 2016,Defendants Defendantsresponded responded to to an an OPRA OPRA request request that that Plaintiff Plaintiff

had submittedseeking seeking2015 2015payroll payroll records certain State Troopers in a manner that had submitted records forfor certain State Troopers in a manner that did notdid not properly respondtotothe the request. properly respond request.

2

9.

In follow-up,on onDecember December21, 21,2016, 2016,Plaintiff Plaintiff submitted a new request pursuant In follow-up, submitted a new request pursuant

to OPRA OPRA and andthe thecommon commonlaw lawright right of of access access seeking seeking thethe following: following: 1. Actual payrollrecords recordsfor for Gerald Theckston, Nicholas R. Renna, Spencer Actual payroll Gerald T. T. Theckston, Nicholas R. Renna, Spencer L. Bailey Bailey and andSandor SandorM. M.Dazza Dazza that show ACTUAL amount made that show thethe ACTUAL amount made by by each in each in 2015 2015 for forvarious variouscategories, categories, such such asas salary, salary, overtime, overtime, longevity, longevity, uniform allowance,etc.). etc.). uniform allowance, 2. Records thatshow showthe theamount amount overtime earned in 2015 by each of the Records that of of overtime earned in 2015 by each of the following employees: employees: Gerald GeraldT.T.Theckston, Theckston, Nicholas Nicholas R. R. Renna, Renna, Spencer Spencer L. L. Bailey and and Sandor SandorM. M.Dazza. Dazza. 3. The final final pay paystub stubfor foreach eachofofthe the following employees that shows much following employees that shows howhow much money each earned earnedinin2015: 2015:Gerald Gerald Theckston, Nicholas R. Renna, money each T. T. Theckston, Nicholas R. Renna, Spencer L.Bailey Baileyand andSandor Sandor Dazza. Spencer L. M.M. Dazza. [Attachedhereto [Attached heretoasasExhibit ExhibitA A is a true trueand andaccurate accurate copy Defendants' April copy ofof Defendants' April 20, 2017 response tothe therequest requestwhich which includes original request.] response to includes thethe original request.] 10.

On January2,2,2017, 2017,Defendants Defendants emailed Plaintiff stating request was out sent out On January emailed Plaintiff stating "[a]"[a] request was sent

seeking responsiverecords recordstotoyour your request search is ongoing. We would like to extend seeking responsive request andand the the search is ongoing. We would like to extend your duedate datetotoJanuary January 2017." [Attached hereto as BB is a true trueand andaccurate accurate copy your due 17,17, 2017." [Attached hereto as Exhibit Exhibit copy ofof rd Defendants' January Defendants' January 3rd3email.] email.] 11.

After Defendants'initial initialextension, extension, they continued to take extensions for over After Defendants' they continued to take extensions for over

❆❏◆❒ ❍❏■▼❈▲✚ four months:

February10, 10,2017, 2017,Defendants Defendants took extension until February 22, 2017. •■ On On February took anan extension until February 22, 2017. trueand andaccurate accurate copy copy ofof Defendants' Defendants' February February [Attached [Attached hereto heretoasasExhibit ExhibitCC is a true 10th email.] email.] •

On February22, 22,2017, 2017,Defendants Defendants took extension until March 1, 2017. [Attached On February took anan extension until March 1, 2017. [Attached email.] email.] trueand andaccurate accurate copy Defendants' February copy ofof Defendants' February 22ndd22n hereto as hereto asExhibit ExhibitD D is a true

3

March2,2,2017, 2017,Defendants Defendantstook took extension until March 9, 2017. [Attached •■ On On March anan extension until March 9, 2017. [Attached hereto heretoas asExhibit ExhibitEE is a true trueand andaccurate accurate copy copy ofof Defendants' Defendants' March March 2nd nd email.] email.] 2 •

On March anan extension until March 16, 16, 2017. [Attached March9, 9,2017, 2017,Defendants Defendantstook took extension until March 2017. [Attached hereto as trueand andaccurate accurate copy copy ofof Defendants' Defendants' March March 9th th email.] email.] 9 as Exhibit ExhibitFF is a true

•

On March16, 16,2017, 2017,Defendants Defendantstook took extension until March 24, 2017. [Attached On March anan extension until March 24, 2017. [Attached th16 email.] email.] trueand andaccurate accurate copy copy ofof Defendants' Defendants' March March 16th hereto as hereto asExhibit ExhibitG G is a true

•

On March On March27, 27,2017, 2017,Defendants Defendantstook took anan extension extension until until April April 3, 2017. 3, 2017. [Attached [Attached trueand andaccurate accurate copy Defendants' March email.] email.] hereto ExhibitHH is a true copy ofof Defendants' March 27th th27 hereto as Exhibit

•

On April On April3, 3,2017, 2017,Defendants Defendantstook tookanan extension extension until until April April 11, 11, 2017. 2017. [Attached [Attached trueand andaccurate accurate copy Defendants' April rd email.] email.] 3 copy ofof Defendants' April 3`d hereto as hereto asExhibit ExhibitII is a true

•

On April12, 12,2017, 2017,Defendants Defendantstook tookanan extension until April 2017. [Attached On April extension until April 19, 19, 2017. [Attached th12 email.] email.] andaccurate accuratecopy copy Defendants' April hereto asExhibit true and ofof Defendants' April 12th hereto as ExhibitJJisisaa true

On April April19, 19,2017, 2017,Defendants Defendantstook tookanan extension extension until until April April 25, 25, 2017. 2017. [Attached [Attached •■ On accuratecopy copyofofDefendants' Defendants' April email.] true and and accurate April 19thth19email.] hereto as hereto asExhibit ExhibitKKisisa atrue 12.

None of Defendants' Defendants'extensions extensionsoffered offered explanation extensions beyond anan explanation for for the the extensions beyond

"a request "a requestwas wassent sentout out seeking seeking responsive responsive records records to your to your request request and the andsearch the search is ongoing." is ongoing." Exhibits B-K. See Exhibits B-K. 13.

On April20, 20,2017, 2017,Defendants Defendantsfinally finallysubstantively substantively responded to Plaintiffs On April responded to Plaintiffs

request by request byproviding providingcertain certain records records with with redactions. redactions. Defendants Defendants statedstated the redactions the redactions were were "made to "made toremove removepersonal personal protected protected information, information, suchsuch as social as social security security numbers numbers and dates and of dates of birth, consistent birth, consistentwith withN.J.S.A. N.J.S.A. 47:1A-1.1. 47:1A-1.1. AsAs stated stated previously, previously, records records reflecting reflecting overtime overtime of of

4

law enforcement enforcementofficers officersare aredesignated designated confidential pursuant to N.J.A.C. E-3.2." confidential pursuant to N.J.A.C. 13:1 13:1 E-3.2." Exhibit Exhibit A. 14.

Defendants' responsewas wasimproper improper it redacted overtime payment information; Defendants' response as as it redacted overtime payment information;

did not did notrespond respondtotopart part Plaintiff's request by providing records that show the amount 1 1 ofof Plaintiff's request by providing records that show the amount made made by each each Trooper Trooperinin2015 2015for for the various categories identified in Plaintiffs request; did not the various categories identified in Plaintiff's request; did not provide recordsthat that identified actual amount of money trooper received in 2015; provide records identified thethe actual amount of money eacheach trooper received in 2015; and and did notproduce produceany anyofofthe thefinal final pay stubs requested by Plaintiff. did not pay stubs requested by Plaintiff. 15.

To date, date,the theState StatePolice Policehas hasnot not released additional records or information released anyany additional records or information

responsive toPlaintiff's PlaintiffsOPRA OPRArequest. request. responsive to COUNT COUNT ONE ONE (Violation of (Violation of OPRA) OPRA) 16.

Plaintiff repeatsand andincorporates incorporates reference allegations set forth Plaintiff repeats by by reference the the allegations set forth in thein the

preceding paragraphs though fully forth at length herein. preceding paragraphs asas though fully set set forth at length herein. 17.

Pursuant N.J.S.A.47:1A-1, 47:1A-1, government records must be "readily Pursuant totoN.J.S.A. allall government records must be "readily

accessible" tothe thecitizens citizensofofthis thisState State unless exempted law. accessible" to unless exempted by by law. 18.

The recordsrequested requested Plaintiff "government records" asterm thatisterm is The records byby Plaintiff areare "government records" as that

defined by OPRA OPRAbecause becausethey theywere were "made, maintained or kept on in file the course ofState [the State defined by "made, maintained or kept on file theincourse of [the Police's] official business." business."N.J.S.A. N.J.S.A.47:1A-1.1. 47:1A-1.1. Police's] official 19.

More specifically,OPRA OPRAexpressly expresslystates states that individual's name, More specifically, that "an"an individual's name, title,title,

47:1A-10(emphasis government record." N.J.S.A. 47:1A-10(emphasis position, salary,payroll payrollrecord...shall record...shallbebea a government record." N.J.S.A. position, salary, added). added). 20.

A government agencymust mustrespond respond OPRA request no later government agency to to anan OPRA request no later than than sevenseven

business daysafter afterthe therequest request received, pursuant to N.J.S.A. 47:1A-5(i). business days is is received, pursuant to N.J.S.A. 47:1A-5(i).

5

21.

A public public agency agencyhas hasthe theburden burden ofof proving proving thatthat anyany denial denial of access of access is authorized is authorized

by law. law. N.J.S.A. N.J.S.A. 47:1A-6. 47:1A-6. 22.

Defendants took Defendants tookover overfour fourmonths months to to respond respond to Plaintiff's to Plaintiff's request, request, which which is part is part

of their their pattern patternand andpractice practice of of violating violating OPRA's OPRA' statutory s statutory timelines. timelines. 23.

Defendants failed Defendants failedtotoproduce producethe the requested requested payroll payroll records. records.

24.

The recordsDefendants Defendantsdid did produce contained improper redactions. The records produce contained improper redactions.

25.

Therefore, Therefore, Defendants Defendantshave haveviolated violated OPRA OPRA by:by: (a)

Failing to Failing to make makethe therequested requested government government records records "readily "readily accessible accessible for for inspection, inspection, copying copyingor orexamination," examination," in in violation violation of N.J.S.A. of N.J.S.A. 47:1A-1; 47:1A-1;

(b)

Failing to Failing torespond respondtotoPlaintiff's Plaintiff's OPRA OPRA request request within within seven seven business business days,days, in violation violation of of N.J.S.A. N.J.S.A.47:1A-5(i); 47:1A-5(i);

(c)

Failing to Failing to provide provideaalawful lawfulbasis basisforfor denying denying access access to government to government records records in violation violation of of N.J.S.A. N.J.S.A.47:1A-5(g); 47:1A-5(g);and and

(d)

Failing to Failing to base baseaadenial denialofofaccess accessupon upon a basis a basis "authorized "authorized by law" by law" in in violation of N.J. S .A.47:1 47:1A-6. A-6. N.J.S.A.

WHEREFORE, Plaintiff WHEREFORE, Plaintiff demands demandsjudgment judgment against against Defendants: Defendants: saidactions actionsofofDefendants Defendants violation of OPRA, N.J.S.A. 47:1A(a) Declaring Declaring said toto bebe in in violation of OPRA, N.J.S.A. 47:1Afailing to to grant grantaccess accesstotothe the requested requested government government records records and and 1 et seq., by failing failing to to comply complywith withOPRA's OPRA'stimelines; timelines; Directing Defendants Defendantstotorelease release the the requested requested records records without without the improper the improper (b) Directing redactions Plaintiffforthwith; forthwith; redactions totoPlaintiff

6

(c) Ordering Defendantstoto preserve requested records pending resolution of Ordering Defendants preserve thethe requested records pending resolution of these proceedingsororasasotherwise otherwise required law; these proceedings required by by law; (d) Ordering Defendantstoto comply with OPRA's timelines in the future; Ordering Defendants comply with OPRA's timelines in the future; (e) Awarding counselfees feesand andcosts costspursuant pursuant to N.J.S.A. 47:1A-6; Awarding counsel to N.J.S.A. 47:1A-6; andand (f) For (1) such other otherrelief reliefasasthe theCourt Court may deem equitable. For such may deem justjust andand equitable. SECOND SECOND COUNT COUNT (Common (Common Law LawRight RightofofAccess) Access) 26.

Plaintiff repeatsand andincorporates incorporates reference allegations set forth Plaintiff repeats by by reference the the allegations set forth in thein the

preceding paragraphs preceding paragraphs asas though though fully fully set set forth forth at length at length herein. herein. 27.

The public The publicenjoys enjoysaavested vestedcommon commonlaw law right right of of access access to public to public records records

generated ormaintained maintained public entities. generated or byby public entities. 28.

There strongpublic publicinterest interest favor of disclosure of the requested records There isisaastrong in in favor of disclosure of the requested records and and

there nooverriding, overriding,countervailing countervailing interest in confidentiality of these records. there isisno interest in confidentiality of these records. 29.

Plaintiff, andby byextension extensionthe thepublic, public, a strong interest in disclosure Plaintiff, and hashas a strong interest in disclosure of theof the

amount ofsalary salaryand andovertime overtime paid to public officials such as State Troopers. amount of paid to public officials such as State Troopers. demandsjudgment judgment against Defendants: WHEREFORE, Plaintiff WHEREFORE, Plaintiff demands against Defendants: (a) Declaring Declaring said saidactions actionsofofDefendants Defendants toto bebe unlawful unlawful andand invalid; invalid; (b) Directing Directing Defendants Defendantstotorelease releasethe the requested requested records records to Plaintiff to Plaintiff forthwith; forthwith; (c) Awarding Awarding counsel counselfees feesand andcosts; costs;and and (d) Granting Granting such suchother otherrelief relief asas thethe Court Court maymay deem deem just just and and equitable. equitable. PASHMAN PASHMAN STEIN STEINWALDER WALDERHAYDEN HAYDEN Corporation, A Professional Professional Corporation, Attorneys for Attorneys forPlaintiff, Plaintiff,

7

Libertarians for Government, a NJa NJ Libertarians forTransparent Transparent Government, Nonprofit NonprofitCorpora Corporaion ion

Dated: Dated:May May18, 18,2017 2017

By: JJ GRIFFIN GRIFFIN CERTIFICATION TO R.R. 4:5-1 CERTIFICATIONPURSUANT PURSUANT TO 4:5-1

Plaintiff, byits itsattorney, attorney,hereby hereby certifies it has no knowledge of any contemplated Plaintiff, by certifies thatthat it has no knowledge of any contemplated action or action orarbitration arbitration regarding regarding thethe subject subject matter matter of this of action this action and that andPlaintiff that Plaintiff is not aware is notof aware of any otherparties partieswho whoshould should joined in this action. any other bebe joined in this action. PASHMAN PASHMAN STEIN STEINWALDER WALDERHAYDEN HAYDEN A Professional Corporation, Professional Corporation, Attorneys forPlaintiff, Plaintiff, Attorneys for Libertariansfor Libertarians forTransparent Transparent Government, Government, a a NJ Nonprofit NJ NonprofitCorporation Corporation Dated: May Dated: May18, 18,2017 2017

By:

8

VERIFICATION VERIFICATION John Paff,of offull fullage, age,deposes deposesand and says: John Paff, says: 1.

I am am the theExecutive ExecutiveDirector Director Libertarians Transparent Government, ofof Libertarians for for Transparent Government, the the

Plaintiff inthis thismatter. matter. Plaintiff in 2.

I have have read readthe theVerified VerifiedComplaint. Complaint. The The allegations allegations of the of the Verified Verified Complaint Complaint

contained inParagraphs Paragraphs 3-6, and 8-15 true. Verified Complaint is based on contained in 3-6, and 8-15 areare true. TheThe saidsaid Verified Complaint is based on personal knowledgeand andisismade made truth good without collusion, forcauses the causes personal knowledge inin truth andand good faithfaith and and without collusion, for the set set forth herein.As Astotoany anyfacts facts alleged upon information belief, I believe forth herein. alleged to to bebe upon information and and belief, I believe thosethose facts facts to be to be true. true. 3.

All documents attachedtotothe the Verified Complaint Brief arc true copies documents attached Verified Complaint andand Brief arc true copies and and

have notbeen beenredacted, redacted,changed, changed, modified, adjusted or otherwise altered inmanner any manner have not modified, adjusted or otherwise altered in any by me by or me or my agents agentsunless unlessso sostated. stated. I certify certifythat thatthe theforegoing foregoing statements made by me am aware statements made by me arc arc true.true. 1 amIaware that ifthat anyifofany the of the foregoing statements foregoing statementsmade madebybyme me arc arc willfully willfully false/am I seMini subject subject to puni. to puni. hment.

.I( IN-

Dated: 5/17/2017 Dated: 5/17/2017

9

CERTIFICATION FAX/ELECTRONIC SIGNATURE ❑F CERTIFICATIONOF FAX/ELECTRONIC SIGNATURE CJ Griffin,Esq., Esq.,ofoffull fullage, age,certifies certifies and says follows: CJ Griffin, and says as as follows: 1.

I am am an anattorney attorneyatatlaw law with firm of Pashman Stein Walder Hayden, with thethe lawlaw firm of Pashman Stein Walder Hayden,

P.C. makethis thiscertification certification genuineness of the electronic signature of John P.C. II make ofof thethe genuineness of the electronic signature of John Paff. Paff. 2.

I hereby herebycertify certifythat thatMr. Mr. Paff acknowledged to me genuineness of his Paff acknowledged to me the the genuineness of his

signature onthe theVerification Verification page. signature on page. I certify certify that thatthe theforegoing foregoingstatements statements made am aware made by by me me are are true.true. I amIaware that ifthat anyifofany the of the foregoing statementsmade madebybyme me willfully false, I am subject to punishment. foregoing statements areare willfully false, I am subject to punishment. PASHMAN PASHMAN STEIN STEINWALDER WALDERHAYDEN HAYDEN A Professional Corporation, Professional Corporation, Attorneys forPlaintiff, Plaintiff, Attorneys for Libertarians Government, a NJa NJ Libertariansfor forTransparent Transparent Government, Nonprofit NonprofitCorporation Corporation

Dated: May18, 18,2017 2017 Dated: May

B By:•

10

EXHIBIT A

April 20,2017 201707:26 07:26AM AM April 20,

Page: 1 of of 22

State of of New NewJersey Jersey Government RecordsRequest Request Government Records Receipt Receipt

Request Number: W116326 Number: W116326 Request Status:InInProgress Progress Request Status: Ready Date: Date:

Requestor Information JohnPaff Paff John Libertarians forTransparent Transparent Government Ibertarians for Government 73 Rd 3 Servis Servis Rd

Custodian ContactInformation Information Custodian Contact Division StatePolice Police Division ofofState

Skillman, NJ08558 08558 killman, NJ

Records Custodian Records Custodian PO Box 7068 Box 7068

[email protected] [email protected] 732-873-1251 32-873-1251

SP Headquarters Bldg15 15- -River RiverRoad Road Headquarters --Bldg West Trenton, Trenton,NJ NJ08628 08628 [email protected] [email protected]

Request Date:December December21, 21,2016 2016 equest Date:

609-538-6087

Maximum AuthorizedCost: Cost: aximum Authorized

By

$2.00

Email mall

Status of Your Request

Cost Information Cost Information

Your requestfor forgovernment government records (# W116326) from Your request records (# W116326) from the the Total Cost: Total Cost: DivisionofofState StatePolice Police has been reviewed In Progress. Division has been reviewed andand is InisProgress. Detailed information availability of the documents Detailed information asas toto thethe availability of the documents you you Deposit: requested appearbelow belowand and following pages as necessary. Deposit: requested appear onon following pages as necessary.

$0.00 $0.00

The cost costand andany anybalance balancedue due this request is shown to the Total Amount Paid: forfor this request is shown to the Total Amount Paid: right.Any Anybalance balancedue due must paid in full to release the release right. must bebe paid in full priorprior to the / mailing ofthe thedocuments. documents. mailing of Balance Due: Balance Due: if you have any questions related to the disposition of this If you have any questions related to the disposition of this request please request pleasecontact contact the the Custodian Custodian of Records of Records for the for the Division StatePolice. Police. The contact information in the Division ofofState The contact information is inis the column tothe theright. right. Please reference your request number in in column to Please reference your request number any contactororcorrespondence, correspondence, any contact

$0.00 $0.00

Document Detail Document Detail Div Div

'Doc 'Doc ##

SP SP 01 01

Doc Name Doc Name

Redaction Legal ElectronicOther Other Redaction Legal Electronic Req Pages Size Media Media Cost Pages Size Cost

Y Payrollrecord" Payroll record"for for year-end year-end 2015 2015 that that shows thevarious variouscategories categories earnings shows the of of earnings (e.g. salary, salary,overtime, overtime,longevity, longevity, uniformallowance, etc.) that add to the uniformailowance, etc.) that add upup to the total amountthat thatthe theTrooper Trooper actually total amount actually learned duringcalendar calendar year 2015. earned during year 2015.

N

N

April 20, 2017 07:26 AM

State of New Jersey

Page: 2 of 2

Government Records Request Receipt

Mr. Paff, The Division of State Police is in receipt of your OPRA request. Attached you will find payroll records for your request, request. Minor redactions have been made to remove personal protected information, such as social security numbers and dates of birth, consistent with N.J.S.A. 47:1A-1.1. As stated previously, records reflecting overtime of law enforcement officers are designated confidential pursuant to N.J.A.C. 13:1E-3.2. Your request will be considered closed at this time. DSFC David Robbins New Jersey State Police

Your request for government records (# W116326) is as follows: Please accept this as our request under the Open Public Records Act (OPRA) and the common law right of access. Background:The Division's December 20, 2016 response to Request No. W115637 is nonresponsive. The request underlying that response requested, for four named State Troopers, "Payroll record" for year-end 2015 that shows the various categories of earnings (e.g. salary, overtime, longevity, uniformallowance, etc.) that add up to the total amount that the Trooper actually earned during calendar year 2015."The response received did not give the actual payroll records. Rather, it gave only the information that is reported on yourmoney.nj.gov and even advised us to contact that site for future requests.The responses provided us with only ❑nly a two figures for each trooper with no detailed breakdown. For example, for Trooper Gerald Theckston, we were told that he earned "$87,912.02" 187,912.02" and and "Other "Other $9,910.18." $9,910.18," But, But, ifif one one looks up Theckston on yourmoney.nj.gov and clicks on 12/31/15, he or she will find that Theckston received "regular pay" of $88,916.90; "cash_in_lieu_maIntenance" "cash_in_lieu_maintenance" of $14,093.78 and "YTD-Earnings" of $103,010.68 during 2015.However, if one clicks on Theckston's most recent entry for September 30, 2016, he or she will see that it shows Theckston as having received received "master_ytd_earnings" "master_ytd_earnings" of of $73,741.02; $73,741.02; "master_ytd_all_other_payments" "mastereytd_all_other payments" of $9,910.18; "master_ytd_regular_pay" of $63,830.84 and "salary_hourly_rate" of $87,913.02.All of this is a confusing mess that really doesn't respond to our request, Plus, the custodian looks to have given us the payroll figures from 2016 instead of the 2015 figures that we had asked for. More important than giving us the data for the wrong year is the Custodian's failure or refusal to give us the breakdowns that we sought. sought, Of chief concern to us is the AMOUNT OF OVERTIME these Troopers received. So, in responding to this request, please provide us with the ACTUAL 2015 year-end payroll records--not just the data that is entered into YourMoneyGov.Records requested:1. Actual payroll records for Gerald T. Theckston, Nicholas R. Renna, Spencer L. Bailey and Sander M. Dazza ❑azza that show the ACTUAL amount made by each in 2015 for various categories, such as salary, overtime, longevity, uniform allowance, etc.).2. Records that shows the amount of overtime earned in 2015 by each of the following employees: Gerald T. Theckston, Nicholas R. Renna, Spencer L. Bailey and Sander Sandor M. Dazza.3. The final pay stub for each of the following employees that shows how much money each earned in 2015: Gerald T. Theckston, Nicholas R. Renna, Spencer L. Bailey and Sandor M. Dazza.

EXHIBIT B

From: From: DSP DSP Records Records Date: Tue, Date: Tue,Jan Jan3,3,2017 2017atat9:58 9:58AM AM Subject: W116326Paff Paff Subject: W116326 To: njtransparency0).valloo.coni To: njtransparency(i4ahoo.com

Mr. Paff, Mr. Paff, The Division The Division of of State StatePolice Policeisisininreceipt receiptofofyour your OPRA OPRA request. request. A request request was wassent sentout outseeking seekingresponsive responsive records records to your to your request request and and the search the search is ongoing. is ongoing. We would We would like to to extend extendyour yourdue duedate date until until January January 17th, 17th, 2017. 2017. If records recordsare arereceived receivedbefore before that date available for release, willthem get them that time. that date andand available for release, I willI get to youtoatyou thatattime. If you you have have any anyquestions questionsororconcerns, concerns, please contact us609 at 609-883-5149. -883-5149. please contact us at DSFC David DSFC DavidRobbins Robbins JerseyState StatePolice Police New Jersey

information contained containedinin this this communication communication from from the the Division Division of State of State Police Police is is CONFIDENTIALITY NOTICE CONFIDENTIAUTY NOTICE The information are the If you If you privileged andconfidential confidentialand and intended of the persons or entities areaddressees. the addressees. privileged and is is intended forfor thethe solesole useuse of the persons or entities wh ❑ who are not are notan anintended intendedrecipient recipient of of this this e-mail, e-mail, thethe dissemination, dissemination, distribution, distribution, copying copying or useor ofuse the of information the information it it contains is strictly strictlyprohibited. prohibited. you have received communication in error, immediately the contains is If If you have received thisthis communication in error, pleaseplease immediately contactcontact the Division of State State Police Policeat at(609) (609)882-2000 882-2000totoarrange arrange return of this information. forfor thethe return of this information.

1

EXHIBIT C

From: From: DSP Records Date: Date: Fri, Fri,Feb Feb10, 10,2017 2017atat9:28 9:28AM AM Subject: w116326 Subject: w116326 To: nj[ransparency6/).yahoo.com To: [email protected] Mr. Mr. Paff, Paff, The Division of of State StatePolice Policeisisininreceipt receiptofofyour your OPRA request. The Division OPRA request. A request wassent sentout outseeking seekingresponsive responsive records to your request the search is ongoing. We would request was records to your request and and the search is ongoing. We would like tolike to extend yourdue duedate dateuntil until February 22nd, 2017. If the records are received before thatand date and available for release, extend your February 22nd, 2017. If the records are received before that date available for release, I will get get them themto toyou youatatthat that time. time. and pleasebe besure suretoto and please If you have have any anyquestions questionsororconcerns, concerns, please please contact contact us us viavia email email at [email protected] at [email protected] reference reference your yourOPRA OPRAcase casenumber number in in thethe subject subject lineline of your of your correspondence. correspondence. Sincerely, Sincerely, DSFC David Robbins Robbins DSFC David New Jersey StatePolice Police Jersey State

The information informationcontained contained inin this this communication communication from from the Division the Division of State of State Police Police is is CONFIDENTIALITY CONFIDENTIALITYNOTICE NOTICE The privileged and privileged andconfidential confidentialand and is is intended intended forfor thethe solesole useuse of the of the persons persons or entities or entities who are whothe are addressees. the addressees. If you If you are notan anintended intendedrecipient recipient this e-mail, dissemination, distribution, copying useor the information informationitit are not of of this e-mail, thethe dissemination, distribution, copying or use of the contains is strictly strictlyprohibited. prohibited. you have received communication in error, immediately the contains is If If you have received thisthis communication in error, pleaseplease immediately contactcontact the Division of State Police at at(6091 (609) 882-2M 882-2000totoarrange arrange return of this information. State Police forfor thethe return of this information. 1

EXHIBIT D

From: From: DSP Records Records Date: Wed, Wed,Feb Feb 22, 22, 2017 2017 at at9:57 9:57AM AM Date: Subject: W116326 Subject: W116326Paff Paff To: To: [email protected] njtransparoicy(myalion.com

Mr. Paff, Mr. Paff, The Division The Division of of State StatePolice Policeisisininreceipt receiptofofyour your OPRA OPRA request. request. A request wassent sentout outseeking seekingresponsive responsive records your request the search is ongoing. We would like tolike extend to extend request was records to to your request andand the search is ongoing. We would your duedate dateuntil untilMarch March 1st, 2017. your due 1st, 2017. If the the records recordsare arereceived received before that date available for release, willthem get them that time. before that date andand available for release, I willIget to youtoatyou thatat time. If you you have have any anyquestions questionsororconcerns, concerns, please please contact contact us us viavia email email at DSPPgw.nisp,orq at DSPPaw.njsra.orq and please and please be surebetosure refertoyour refer your OPRA case number numberininthe the subject line your correspondence, OPRA case subject line of of your correspondence. Sincerely, Sincerely, DSFC David Robbins Robbins DSFC David New Jersey Jersey State StatePolice Police

The information informationcontained contained inin this this communication communication from from the Division the Division of State of State Police Police is is CONFIDENTIALITY CONFIDENTIALITYNOTICE NOTICE The privileged andconfidential confidentialand and intended of the persons or entities whothe are the addressees. privileged and is is intended forfor thethe solesole useuse of the persons or entities who are addressees. If you If areyou are not an an intended intendedrecipient recipientofofthis thise-mail, e-mail, dissemination, distribution, copying orofuse the information it contains is thethe dissemination, distribution, copying or use theofinformation it contains is strictly prohibited.IfIfyou you have received this communication in error, please immediately contact the Division of State strictly prohibited. have received this communication in error, please immediately contact the Division of State Police at at (609) (609) 882-2000 882-2000 to to arrange arrangefor for the return of this information. the return of this information.

1 1

EXHIBIT E

From: From: DSP Records Date: Date: Thu, Thu,Mar Mar2,2,2017 2017atat7:40 7:40AM AM Subject: w116326 Subject: w116326 To: 17jItansparencyayahoo.com [email protected]

Mr. Paff, Mr, Paff, The Division of of State StatePolice Policeisisininreceipt receiptofofyour your OPRA request. The Division OPRA request. A request wassent sentout outseeking seekingresponsive responsive records to your request the search is ongoing. We would to extend request was records to your request and and the search is ongoing. We would like tolike extend your due your duedate dateuntil untilMarch March 9th, 9th, 2017. 2017. If the If the records records are are received received before before that date thatand dateavailable and available for release, for release, I will get I will them get them to you you at at that thattime. time. If you you have have any anyquestions questionsororconcerns, concerns, please contact email at DSPaDgw.njscp.orq and please and please be surebetosure provide to provide your your please contact us us viavia email at [email protected] subjectline lineof ofyour yourcorrespondence OPRA OPRA case case number numberin in the subject correspondence Sincerely, Sincerely, DSFC David DSFC David Robbins Robbins New Jersey Jersey State StatePolice Police

informationcontained contained this communication from the Division of State Police The information inin this communication from the Division of State Police is is CONFIDENTIALITY CONFIDENTIALITYNOTICE NOTICE The privileged andconfidential confidentialand and intended of the persons or entities whothe are the addressees. privileged and is is intended forfor thethe solesole useuse of the persons or entities who are addressees. If you If areyou are not an intended intendedrecipient recipient this e-mail, dissemination, distribution, copying orofuse the information it contains is not an ofof this e-mail, thethe dissemination, distribution, copying or use theof information it contains is strictly prohibited.IfIfyou you have received this communication in error, please immediately contact the Division of State strictly prohibited. have received this communication in error, please immediately contact the Division of State Police at at (609) (609) 882-2000 882-2000 to to arrange arrangefor for the return of this information. the return of this information.

1

EXHIBIT F

From: DSPRecords Records From: DSP Date: Thu, Thu,Mar Mar9,9,2017 2017atat12:50 12:50PM PM Date: Subject:W116326 W116326Paff Paff Subject: To: njtransparency(ciyahoo.com To: [email protected] Mr. Paff, Mr. Paff, The The Division Division of of State StatePolice Policeisisininreceipt receiptofofyour your OPRA OPRA request. request. A request wassent sentout outseeking seekingresponsive responsive records to your request the search is ongoing. We would to extend request was records to your request and and the search is ongoing. We would like tolike extend your due your duedate dateuntil untilMarch March 16th, 16th, 2017, 2017. If the the records recordsare arereceived received before that date available for release, willthem get them that time. before that date andand available for release, I willIget to youtoatyou thatat time. and pleasebe besure suretotorefer refer your and please your If you you have haveany anyquestions questionsoror concerns, please contact us email via email at DSPftgw.njsp.org concerns, please contact us via at [email protected] OPRA case number numberininthe the subject line your correspondence. OPRA case subject line of of your correspondence. Sincerely, Sincerely, DSFC DavidRobbins Robbins DSFC David New Jersey JerseyState StatePolice Police

informationcontained contained this communication from the Division of State Police The information inin this communication from the Division of State Police is is CONFIDENTIALITY NOTICE CONFIDENTIALITY NOTICE The privileged andconfidential confidentialand and intended of the persons or entities whothe are the addressees, privileged and is is intended forfor thethe solesole useuse of the persons or entities who are addressees, If you If areyou are not an anintended intendedrecipient recipient this e-mail, dissemination, distribution, copying the information it contains is not ofof this e-mail, thethe dissemination, distribution, copying or useorofuse theof information it contains is strictly prohibited.IfIfyou you have received this communication in error, please immediately contact the Division strictly prohibited. have received this communication in error, please immediately contact the Division of Stateof State Police at at (609) (609) 882-2000 882-2000 to to arrange arrangefor for the return of this information. the return of this information.

1

EXHIBIT G

From:DSP From: DSP Records Records Date: Date: Thu, Thu,Mar Mar16, 16,2017 2017atat11:03 11:03 AM AM Subject:W116326 W116326Paff Paff Subject: To: [email protected] To: j ra nsparency(ab,alloo.com

Mr. Paff, Mr. Paff, The Division Division of of State StatePolice Policeisisininreceipt receiptofofyour your OPRA request, The OPRA request. A request request was wassent sentout outseeking seekingresponsive responsive records records to your to your request request and and the search the search is ongoing. is ongoing. We would We would like tolike to extend extend your yourdue duedate dateuntil until March March 24th, 24th, 2017, 2017. If the the records recordsare arereceived received before that date available for release, willthem get them thatIftime. If you have before that date andand available for release, I willIget to youtoatyou thatat time. you have any questions any questionsor orconcerns, concerns,please please contact contact us us viavia email email at [email protected]_g at [email protected]_g and and please please be sure be to sure refer to your referOPRA your OPRA case number numberininthe thesubject subject line line ofof your your correspondence. correspondence. Sincerely, Sincerely, DSFC David DSFC David Robbins Robbins JerseyState StatePolice Police New Jersey

informationcontained contained this communication from the Division of State Police The information inin this communication from the Division of State Police is is CONFIDENTIALITY NOTICE CONFIDENTIALITY NOTICE The privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you If you are not are notan anintended intendedrecipient recipient of of this this e-mail, e-mail, thethe dissemination, dissemination, distribution, distribution, copying copying or useor ofuse the of information the information it it contains is contains is strictly strictlyprohibited. prohibited. If If you you have have received received thisthis communication communication in error, in error, pleaseplease immediately immediately contactcontact the the Division of of State StatePolice Policeatat(609)..882-2000 (609) 882-2000to toarrange arrange return of this information. forfor thethe return of this information.

1

EXHIBIT H

3/27/2017

M Gmail

Gmail w116326 Gm ail - w116326

John Paff John Paff

w116326 1 message message DSP Records Records To: [email protected] To: [email protected]

Mon, Mar Mar 27, 27, 2017 2017 at at 8:03 8:03AM AM

Mr. Paff, Paff, The Division DivisionofofState StatePolice Police is is in in receipt receipt of your of your OPRA OPRA request. request. A request requestwas wassent sentout outseeking seeking responsive responsive records records to your to your request request and the an search d the search is ongoing. is ongoing. We would Welike would to extend like to extend your due your duedate dateuntil untilApril April 3rd, 3rd, 2017. 2017. If the the records recordsare arereceived received before that date available for release, willthem get them that time. before that date andand available for release, I will Iget to youtoatyou that at time. and please and pleasebe besure suretotoprovide provide If you you have haveany anyquestions questions oror concerns, concerns, please please contact contact us via usemail via email at [email protected] at [email protected] your OPRAcase casenumber numberininthe the subject of your correspondence. your OPRA subject lineline of your correspondence. Sincerely, Sincerely, DSFC David David Robbins Robbins New Jersey JerseyState StatePolice Police

informationcontained contained communication the Division of Police State Police is CONFIDENTIALITY NOTICE The information in in thisthis communication fromfrom the Division of State is privileged andconfidential confidential and is intondcd forsoIe the sole use the persons or entities are the addressees. privileged and and is intended for the use of theofpersons or entities who arewho the addressees. If you areIf you are not an intended intendedrecipient recipient this e-mail, dissemination, distribution, copying orthe useinformation of the information not an of of this e-mail, the the dissemination, distribution, copying or use of it containsitiscontains is strictly strictly prohibited. prohibited. If you If you have have received received thisthis communication communication in error, in error, pleaseplease immediately immediately contact contact the Division the of Division State of State Police at(609) (609)862-2000 882-2000to toarrange arrangefor forthe the return of this information. Police at return of this information.

4092b https://mall.google.com/mail/u/0/?ui=2&ik=af5d1308f4&view=pt&search=inbox&th=15b0fa62aab4092b&sim1=15b0fa62aab https://mai I .googl e.com/m ail/u/0/?ui=2&ik= af5d1308f4&view= pt&search= inbox&th=15b0fa62aab4092b&si m I= 15b0fa62aab4092b

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EXHIBIT I

Gmail - w116326

M1 Gmail Gmail

IP%

https://mail.google.com/mail/u/0/?ui=2&ik=af5d1308f4&view https://mail.google.com/mail/u/0/?ui=2&ik=af5d1308f48cview —pt&sear...

John Paff

w116326 1 message message DSP Records > To: [email protected] To: [email protected]

Mon, Apr Apr3, 3,2017 2017at at8:27 8:27AM AM

Mr. Paff, Paff,

The Division DivisionofofState StatePolice Police is is in in receipt receipt of your of your OPRA OPRA request. request. A request requestwas wassent sentout outseeking seeking responsive responsive records records to your to your request request and the and search the search is ongoing. is ongoing. We would Welike would to like to extend your extend yourdue duedate dateuntil until April April 11th, 11th, 2017. 2017. If the the records recordsare arereceived received before before that that date date andand available available for release, for release, I will Iget willthem get them to youto atyou that at time. that time. If you you have haveany anyquestions questions concerns, please contact usemail via email at [email protected] and please pleasebe besure suretoto oror concerns, please contact us via at [email protected] provide yourOPRA OPRAcase casenumber number subject of your correspondence. provide your in in thethe subject line line of your correspondence. Sincerely, Sincerely, DSFC David Robbins David Robbins New Jersey JerseyState StatePolice Police

informationcontained contained communication the Division of Police State Police is CONFIDENTIALITY NOTICE The information in in thisthis communication fromfrom the Division of State is privileged and privileged andconfidential confidential and and is intended is intended for the for sole the sole use of use theofpersons the persons or entities or entities who arewho the are addressees. the addressees. If you If you are not not an anintended intendedrecipient recipient e-mail, dissemination, distribution, copying orthe useinformation of the information of of thisthis e-mail, the the dissemination, distribution, copying or use of it containsit contains is strictly is strictlyprohibited. prohibited. If you If you have have received received this this communication communication in error, in error, pleaseplease immediately immediately contact contact the Division the of Division State of State Police at(609) (609) 882-2000 882-2000to toarrange arrangefor for the the return return of this of this information. information. Police at

1 of of 11

4/3/2017 10:05AM AM 4/3/2017 10:05

EXHIBIT J

From: From:DSP Records jsp.org> Date: Wed, Wed,Apr Apr12, 12,2017 2017atat8:57 8:57AM AM Date: Subject: Subject:wi w116326 16326 To: 71 itransnarencygyahoo.conl To: njtra n spa rency(ikva hoo.c0111

Mr. Paff, Mr. Paff, The Division The Division of of State StatePolice Policeisisininreceipt receiptofofyour your OPRA OPRA request. request. A request request was wassent sentout outseeking seekingresponsive responsive records records to your to your request request and and the search the search is ongoing. is ongoing. We would We would like tolike extend to extend your duedate dateuntil untilApril April 19th, 2017. your due 19th, 2017. If the the records recordsare arereceived received before that date available for release, willthem get them that time. before that date andand available for release, I willIget to youtoatyou thatat time. and please be besure suretotoprovide provide your If you you have have any anyquestions questionsororconcerns, concerns, please contact email at [email protected] please contact us us viavia email at [email protected] and please your OPRA OPRA request requestnumber number inin thethe subject subject lineline of your of your correspondence. correspondence. Sincerely, Sincerely, DSFC David DSFC David Robbins Robbins New Jersey State Police Jersey State Police

informationcontained contained this communication from the Division of State Police CONFIDENTIALITY NOTICE The information inin this communication from the Division of State Police is is CONFIDENTIALITY NOTICE The privileged andconfidential confidential and intended of the persons or entities whothe are the addressees. privileged and and is is intended forfor thethe solesole useuse of the persons or entities who are addressees. If you If areyou are not an intended intendedrecipient recipient this e-mail, dissemination, distribution, copying the information it contains is not an ofof this e-mail, thethe dissemination, distribution, copying or useorofuse theof information it contains is strictly prohibited. strictly prohibited.IfIfyou you have have received received this this communication communication in error, in error, please please immediately immediately contact contact the Division the Division of State of State Police at(609) (W)9)RR2-7000 RR2-7000 arrange return return of this of this information. information. Police at to to arrange forfor thethe

1

EXHIBIT K

Gmail - w116326

Gmail rM Gmail

https://mail.google.com/mail/u/0/?ui=2&ik=af5d1308f4&view=pt&sear...

> John Paff Paff
w116326 1 message message

DSP Records > To: [email protected] To: [email protected]

Wed, Apr Apr 19, 19, 2017 2017 at at6:53 6:53AM AM

Mr Paff, Paff, The Division DivisionofofState StatePolice Police receipt of your OPRA request. is is in in receipt of your OPRA request. A request requestwas wassent sentout out seeking responsive records to your request and the search is ongoing. Welike would seeking responsive records to your request and the search is ongoing. We would to like to extend yourdue duedate dateuntil until April 25th, 2017. extend your April 25th, 2017. If the the records recordsare arereceived received before that date available for release, willthem get them that time. before that date andand available for release, I will Iget to youto atyou that at time. and pleasebe besure suretoto you have haveany anyquestions questions concerns, please contact usemail via email at [email protected] and please If you oror concerns, please contact us via at [email protected] provide your provide yourOPRA OPRArequest request number number in the in the subject subject line line of your of your correspondence. correspondence. Sincerely, Sincerely, DSFC David David Robbins Robbins New Jersey JerseyState StatePolice Police CONFIDENTIALITY NOTICE NOTICE The information informationcontained contained in in thisthis communication communication fromfrom the Division the Division of State of Police State Police is is privileged privilegedand andconfidential confidential and and is intended is intended for the for sole the sole use of use theofpersons the persons or entities or entities who arewho the are addressees. the addressees. If you If you are not not an anintended intendedrecipient recipient e-mail, dissemination, distribution, copying orthe useinformation of the information it of of thisthis e-mail, the the dissemination, distribution, copying or use of it contains isisstrictly contains strictly prohibited. prohibited. If you If you have have received received this communication this communication in error, inplease error, immediately please immediately contact the contact the DivisionofofState StatePolice Police (609) 882-2000 arrange return of information. this information. Division atat (609) 882-2000 to to arrange for for thethe return of this

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4/19/2017 10:56 AM

PASHMAN PASHMAN STEIN STEINWALDER WALDERHAYDEN HAYDEN Corporation A Professional Professional Corporation Court PlazaSouth South Court Plaza 21 Main Street,Suite Suite200 200 Main Street, Hackensack, NewJersey Jersey07601 07601 Hackensack, New (201) 488-8200 CJ GRIFFIN,ESQ. ESQ.(#031422009) (#031422009) CJ GRIFFIN, Attorneys forPlaintiff, Plaintiff, Attorneys for Libertarians Government, Libertariansfor forTransparent Transparent Government, a NJ NJ Nonprofit NonprofitCorporation Corporation LIBERTARIANS FORTRANSPARENT TRANSPARENT LIBERTARIANS FOR GOVERNMENT, NJNONPROFIT NONPROFIT GOVERNMENT, AANJ CORPORATION, CORPORATION,

: SUPERIOR SUPERIOR COURT NEW JERSEY COURT OFOF NEW JERSEY : LAW LAW DIVISION: DIVISION:OCEAN OCEANCOUNTY COUNTY :;

DOCKET NO.: DOCKET NO.:

Plaintiff, Plaintiff, v.

Civil Action Action

NEW JERSEYSTATE STATEPOLICE POLICE and DAVID NEW JERSEY and DAVID ROBBINS in his hisofficial officialcapacity capacityasascustodian custodian ROBBINS in of records forthe theNew NewJersey JerseyState State Police, records for Police,

CERTIFICATION CERTIFICATIONOF OF CJ CJ GRIFFIN, GRIFFIN,ESQ. ESQ.

Defendants. Defendants.

I, CJ CJ Griffin, Griffin,Esq. Esq.ofoffull fullage, age,certify certify follows: asas follows: 1.

I am am an anattorney attorneyatat law State New Jersey a Member of Pashman law ofof thethe State of of New Jersey andand a Member of Pashman

Stein Walder WalderHayden, Hayden,P.C., P.C.,counsel counsel Plaintiff, Libertarians for Transparent Government, forfor Plaintiff, Libertarians for Transparent Government, a NJ a NJ Nonprofit Corporation, above-referenced matter. Asattorney the attorney responsible Nonprofit Corporation, inin thethe above-referenced matter. As the responsible for thefor the handling ofthis thismatter, matter,I am I am fully familiar with herein. handling of fully familiar with the the factsfacts herein. 2.

True andaccurate accurate copies records Defendants produced to Plaintiff on April True and copies ofof thethe records Defendants produced to Plaintiff on April

Exhibit 20, 2017 are attachedhereto heretoasas Exhibit1. 1. are attached 3.

True andaccurate accuratecopy copy Government Records Council's decision in Weimer True and ofof thethe Government Records Council's decision in Weimer

v. Twp. of Middletown, Middletown,GRC GRCComplaint Complaint No. 2004-22 (August 2005) is attached hereto Twp. of No. 2004-22 (August 2005) is attached hereto as as Exhibit Exhibit2. 2.

4.

A true andaccurate accuratecopy copy Appellate Division's unpublished opinion in New true and ofof thethe Appellate Division's unpublished opinion in New

Jersey Second Jersey SecondAmendment Amendment Soc. Soc. v. v. Div. Div. State Police New Jersey Dept of Law & Pub. ❑f of State Police of of New Jersey Dep't of Law & Pub. Safety, No. A-2103-11T3, A-2103-11T3, 2015 2015 WL WL2236464 2236464(App. (App.Div. Div.May May14, 14,2015) 2015)isisattached attached hereto Safety, No. hereto as as Exhibit Exhibit3. 3. 5.

The CertificationofofRichard Richard Rivera is attached hereto as 4. The Certification Rivera is attached hereto as Exhibit Exhibit 4.

6.

The Certification CertificationofofGavin GavinRozzi Rozziis isattached attached hereto as 5. hereto as Exhibit Exhibit 5.

7.

A true andaccurate accurate copy Plaintiff's February 22, 2017 OPRA request true and copy ofof Plaintiff's February 22, 2017 OPRA request for for

copies of the the twenty-five twenty-fivemost mostrecent recentOPRA OPRA requests submitted to State the State Police is attached requests submitted to the Police is attached hereto asExhibit Exhibit6. 6. hereto as 8.

A true true and andaccurate accurate copy copy ofof thethe chart chart created created by Plaintiff by Plaintiff showshow how how long long it took it took

the StatePolice Policetotorespond respondtototwenty-five twenty-five OPRA requests is attached hereto as 7. the State OPRA requests is attached hereto as Exhibit Exhibit 7. I certify certifythat thatthe theforegoing foregoingstatements statements made those detailed the Certification made by by me me andand those detailed in theinCertification of Services aretrue truetotothe thebest best my knowledge belief. I am aware any Services are ofof my knowledge andand belief. I am aware that that if anyif of theof the foregoing statementsmade madebybyme me willfully false, I am subject to punishment. foregoing statements areare willfully false, I am subject to punishment. PASHMAN PASHMAN STEIN STEINWALDER WALDERHAYDEN HAYDEN A Professional Corporation Professional Corporation Attorneys forPlaintiff, Plaintiff, Attorneys for Libertarians Government, Libertariansfor forTransparent Transparent Government, a NJ NJ Nonprofit NonprofitCorporation Corporation

Dated: May18, 18,2017 2017 Dated: May

By:

2

EXHIBIT 1

(A) PM1S.zws - PASSPORT

Tuesday, February 21, 2017, 12:21:25 PM

NEW JERSEY DEPARTMENT OF PERSONNEL OPER: LPPMON1 EMPLOYEE MASTER INQUIRY 02/21/17 12:21 EMPLOYEE NAME: bailey SPENCER SSN: =MEMO!' TITLE NAME : TROOPER 1 COMP METHOD: 2 TITLE CODE : 31861 CLASS OF SERVICE : U PART TIME % SALARY RANGE : T 19 STEP : 9 WORK WEEK : NE EEO CODE D SALARY - BASE: 95198.10 EXTRA : TOTAL: 95198.10 SCRN.ID:41

POSITION NUMBER : PAYROLL NUMBER : DEPT/DIV/BUREAU : ORG/FUND/PROG/OBJ:

002373 LOCATION CODE 32 UNIT NUMBER LPP LICENSE CODE 1200 100 060000 12

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UNIT SCOPE : APPT AUTH : ESSENTIAL EMP: CC/PA/EXT: 000 000

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(A) PMIS.zws - PASSPORT

Tuesday, February 21, 2017, 12:21:29 PM

X300-02 HIT ENTER TO CONTINUE OPER ID: LPPMON1 NEW JERSEY DEPARTMENT OF PERSONNEL SCRN.ID:42 EMPLOYEE HISTORY INQUIRY 02/21/17 12:21 EMP ID: 000316468 SSN: vessmagok HIST START DT: EMP NAME: BAILEY, SPENCER L GENDER: M ED: H SCOPE: P620 V-DV: N OFFLINE HISTORY: N P/R W DEP/DIV REFERENCE POS EFFECT APP C TITLE SAL A NO W BUR SALARY A/D NUMBER DATE TYP M CODE RNG C NUM 101814 UA 2 31861 T 19 AD 002373 32 NE TITLE: TROOPER 1 82413 UA 2 31861 T 19 94 002373 32 NE TROOPER 1 TITLE: _ 2 31861 T 19 19 900373 32 NE 42013 UA _ TITLE: TROOPER 1 102012 UA 2 31852 T 18 AD 900373 32 NE _ TITLE: TROOPER 2 102211 UA 2 31852 T 18 AD 900373 32 NE TITLE: TROOPER 2 _ 102310 UA 2 31852 T 18 19 900373 32 NE TTTLE: TROOPER 2 102310 UA 2 31851 T 17 AD 900373 32 NE _ TITLE: TROOPER PF8=MASTER PF10=PREV PF11=MAIN PF12=EXIT PMIS

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SSN/POS

(A) PMIS,zws - PASSPORT

Tuesday, February 21, 2017, 12:21:32 PM

X300-02 HIT ENTER TO CONTINUE OPER ID: LPPMON1 NEW JERSEY DEPARTMENT OF PERSONNEL SCRN,ID:42 02/21/17 12:21 EMPLOYEE HISTORY INQUIRY EMP ID: 000316468 SSN: 31111MOOMOK HIST START DT: 70310 EMP NAME: BAILEY, SPENCER L GENDER: M ED: H SCOPE: P620 V-DV N OFFLINE HISTORY: N P/R W DEP/DIV REFERENCE POS EFFECT APP C TITLE SAL A NO W BUR SALARY A/D NUMBER DATE TYP M CODE RNG C NUM 2 31851 T 17 AT 70310 UA _ TITLE: TROOPER 2 31851 T 17 12 50410 UA _ TITLE: TROOPER 2 31851 T 17 17 10210 UA _ TITLE: TROOPER 2 31851 T 17 AD 102409 UA _ TITLE: TROOPER 102508 UA 2 31851 T 17 AD TTTLF: TROOPER 2 31851 T 17 10 12508 UA _ TITLE: TROOPER 2 31851 T 17 09 10108 UA _ TITLE: TROOPER PF8=MASTER PF10=PREV PF11=MAIN

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(A) PMIS.zws - PASSPORT

Tuesday, February 21, 2017, 12:21:34 PM

X300-02 HIT ENTER TO CONTINUE OPER ID: LPPMON1 NEW JERSEY DEPARTMENT OF PERSONNEL SCRN.ID:42 02/21/17 12:21 EMPLOYEE HISTORY INQUIRY EMP ID: 000316468 SSN: ammomma HIST START DT: 111307 EMP NAME: BAILEY, SPENCER L ED: H SCOPE: P620 GENDER: M V-DV: N OFFLINE HISTORY: N POS P/R W DEP/DIV REFERENCE EFFECT APP C TITLE SAL A NO W BUR SALARY A/D NUMBER DATE TYP M CODE RNG C NUM 2 31851 T 17 09 900373 32 NE 111307 UA TROOPER TITLE: _ 2 31851 T 17 AD 900373 32 NE 102707 UA TITLE: TROOPER _ 92607 UA 2 31851 T 17 12 900373 32 NE TITLE: TROOPER _ 62307 UA 2 31851 T 17 AT 900373 32 NE _ TITLE: TROOPER 2 31851 T 17 AD 900373 32 NE 102806 UA TITLE: TROOPER 2 31851 T 17 12 900373 32 NE 62706 UA TITLE: TROOPER _ 62406 UA 2 31851 T 17 AT 900373 32 NE _ TITLE: TROOPER PF8=MASTER PF10=PREV PF11=MAIN PF12=EXIT PMIS

LP P

64480.44

LP P

64480.44

2308 LPP00802486 025 2308 INC00814933

LP P

61791.19

2307 CSC80831103

LP P

61791.19

2307 ATB00800131

LP P

59414.61

2307 INC00736631

LP P

56828.79

2306 LPP00780408

LP P

56828.79

2306 LPP00780467

NEXT TRAN

SSN/POS

(A) PMIS.zws - PASSPORT

Tuesday, February 21, 2017, 12:21:36 PM

X300-02 HIT ENTER TO CONTINUE OPER ID: LPPMON1 NEW JERSEY DEPARTMENT OF PERSONNEL SCRN.ID:42 02/21/17 12:21 EMPLOYEE HISTORY INQUIRY EMP ID: 000316468 HIST START DT: 61906 SSN: EMP NAME: BAILEY, SPENCER L SCOPE: P620 GENDER: M ED: H V-DV: N OFFLINE HISTORY: N REFERENCE P/R W DEP/DIV POS EFFECT APP C TITLE SAL A A/D NUMBER NO W BUR SALARY DATE TYP M CODE RNG C NUM 2 31851 T 17 10 900373 32 NE 61906 UA TITLE: TROOPER 2 31851 T 17 09 900373 32 NE 40106 UA TITLE: TROOPER 2 31851 T 17 09 900373 32 NE 32006 UA _ TITLE: TROOPER 2 31851 T 17 94 900373 32 NE 112605 UA _ TITLE: TROOPER 102905 UA 2 31851 T 17 AD 002258 32 NE TITLE: TROOPER 2 31851 T 17 AT 002258 32 NE 62505 UA TTTT,F,: TROOPER 2 31851 T 17 AD 002258 32 NE 103004 UA _ TITLE: TROOPER PF8=MASTER PF10=PREV PF11=MAIN PF12=EXIT PMIS

LP P

54643.06

LP P

54643.06

LP P

54643.06

LP P

54643.06

LP P

54643.06

2306 LPP00704411 025 2306 LPP00704363 025 2306 LPP00605170 025 2306 LPP00603319 001 2306 INC00613187

LP P

52156.70

2305 ATB00629332

LP P

50150.67

2305 LPP00580360

NEXT TRAN

SSN/POS

(A) PMIS,zws - PASSPORT

Tuesday, February 21, 2017, 12:21:39 PM

X300-01 END OF FILE REACHED NEW JERSEY DEPARTMENT OF PERSONNEL SCRN.ID:42 OPER ID: LPPMON1 EMPLOYEE HISTORY INQUIRY EMP ID: 02/21/17 12:21 000316468 EMP NAME: BAILEY, SPENCER L SSN: HIST START DT: 62604 GENDER: M V-DV: N ED: H SCOPE: P620 . OFFLINE HISTORY: N POS P/R W DEP/DIV EFFECT APP C TITLE SAL A REFERENCE NO W BUR SALARY DATE TYP M CODE RNG C NUM A/D NUMBER

mass=

62604 UA 2 31851 T 17 AT 002258 32 NE LP P _ TITLE: TROOPER 2 31851 T 17 02 002258 32 NE LP P 102403 UA TITLE: TROOPER

47759.94 2404 ATB00565165 45923.02 2404 LPP00403180

TITLE: TITLE: TITLE: TITLE: _ TITLE: PF8=MASTER PF10=PREV PF11=MAIN PF12=EXIT PMIS NEXT TRAN

SSN/POS

Tuesday, February 21, 2017, 13:22:10 PM

(B) TALRS.zws - PASSPORT

LAST NAME

SS NO = OMINMOMMI IMMOMENEW PR PAY PAY CA CA TYP TYP CP CP PN PN PAYTIME PAYTIME ANNUAL ANNUAL SALARY NUM PER YR PMT CD CD PAID

BAILEY 32 27 2015 BAILEY 2015 32 27 BAILEY 32 26 2015 BAILEY 32 26 2015 2015 BAILEY 32 Y BAILEY 32 25 2015 2015 BAILEY 32 25 BAILEY 32 X 2015 BAILEY 32 24 2015 BAILEY 2015 32 W BAILEY 32 23 2015 BAILEY 32 23 2015 BAILEY 32 V 2015 BAILEY 32 22 2015 2013 BAILEY 32 22 2015 DO YOU WANT TO CONTINUE Y OR N

1 5 1 5 5 1 5 5 1 5 1 5 5 1 5 ?

2 7 2 7 7 2 7 7 2 7 2 7 7 2 7

1 8 1 8 8 1 8 8 1 8 1 8 8 1 8

10.0 4.0 10.0 12.0 7,0 10.0 4.0 16.0 10.0 4.0 10.0 8,0 6.0 10.0 4.0

95,198.10 77.90 95,198.10 77.90 77.90 95,198.10 77.90 77.90 95,198.10 77.90 95,198.10 77.90 77.90 95,198.10 77.90

GROSS GEN

EFFECT DATE

14/10/18 14/10/18 14/10/18 14/10/18 00/00/00 14 /10/18 14/10/18 00/00/00 14/10/18 00/00/00 14/10/18 14/10/18 00/00/00 14/10/18 14/10/18

Tuesday, February 21, 2017, 13:22;13 PM

(B) TALRS.zws - PASSPORT

LAST NAME

SS NO = CA TYP CP PN PAYTIME ANNUAL PR PAY SALARY NUM PER YR PMT CD CD PAID

2015 32 21 BAILEY 2015 32 T BAILEY 2015 BAILEY 32 20 2015 32 S BAILEY 2015 32 19 BAILEY 2015 32 18 BAILEY 2015 32 18 BAILEY 2015 32 Q BAILEY 2015 32 17 BAILEY 32 P 2015 BAILEY 2015 BAILEY 32 16 2015 BAILEY 32 16 2015 BAILEY 32 0 2015 BAILEY 32 15 32 N 2015 BAILEY DO YOU WANT TO CONTINUE Y OR N

1 5 1 5 1 1 5 5 1 3 1 5 5 1 5 ?

2 7 2 7 2 2 7 7 2 8 2 7 7 2 7

1 8 1 8 1 1 8 8 1 8 1 8 8 1 8

10.0 8.0 10.0 14.0 10.0 10.0 4.0 16.0 10.0 1.0 10.0 4.0 6.5 10.0 14.5

95,198.10 77.90 95,198.10 77.90 95,198.10 95,198.10 77.90 77.90 95,198.10 500.00 95,198.10 77.94 78.20 95,198.10 78.20

GROSS GEN

EFFECT DATE

14/10/18 00/00/00 14/10/18 00/00/00 14/10/18 14/10/18 14/10/18 00/00/00 14/10/18 00/00/00 14/10/18 14/10/18 00/00/00 14/10/18 00/00/00

Tuesday, February 21, 2017, 13:22:16 PM

(B) TALRS.zws - PASSPORT

LAST NAME

ININESsep SS NO = PR PAY CA TYP CP PN PAYTIME ANNUAL SALARY NUM PER YR PMT CD CD PAID

BAILEY 2015 32 N BAILEY 32 N 2015 2015 BAILEY 32 14 BAILEY 32 M 2015 32 13 2015 BAILEY 2015 BAILEY 32 13 2015 BAILEY 32 L 2015 BAILEY 32 12 BAILEY 32 12 2015 BAILEY 32 11 2015 BAILEY 32 10 2015 BAILEY 2015 32 10 BAILEY 32 09 2015 BAILEY 32 H 2015 BAILEY 32 08 2015 DO YOU WANT TO CONTINUE Y OR N

3 3 1 5 1 5 5 1 5 1 1 5 1 5 1 ?

7 7 2 7 2 7 7 2 7 2 2 7 2 7 2

8 467.0 8 197.0 1 10.0 8 35.0 1 10,0 4.0 8 8 9.0 1 10.0 1.0 8 1 10.0 1 10.0 8 3.0 1 10.0 8 14.0 1 10.0

3.19 3.08 95,198.10 78.20 95,198.10 78.20 78.20 95,198.10 78.20 95,198.10 95,198.10 78.20 95,198.10 78.20 95,198.10

GROSS GEN

EFFECT DATE

00/00/00 00/00/00 14/10/18 00/00/00 14/10/18 14/10/18 00/00/00 14/10/18 14/10/18 14/10/18 14/10/18 14/10/18 14/10/18 00/00/00 14/10/18

Tuesday, February 21, 2017, 13:22:19 PM

(B) TALRS.zws - PASSPORT

LAST NAME

SS NO = UNNMEMMIS PR PAY CA TYP CP PN PAYTIME ANNUAL SALARY NUM PER YR PMT CD CD PAID

2015 32 07 BAILEY 2015 BAILEY 32 F 2015 32 06 BAILEY 2015 BAILEY 32 05 2015 32 D BAILEY 2015 32 04 BAILEY 2015 32 C BAILEY 2015 32 03 BAILEY 2015 32 02 BAILEY 32 02 2015 BAILEY 2015 BAILEY 32 A 2015 32 01 BAILEY DO YOU WANT TO CONTINUE Y OR N

1 5 1 1 5 1 5 1 1 5 5 1 ?

2 7 2 2 7 2 7 2 2 7 7 2

1 8 1 1 8 1 8 1 1 8 8 1

10.0 6.0 10.0 10.0 9.0 10.0 24.0 10.0 10.0 1.0 5.5 10.0

95,198.10 78,20 95,198.10 95,198.10 78.20 95,198.10 78.20 95,198.10 95,198.10 78.20 78.20 95,198,10

GROSS GEN

EFFECT DATE

14/10/18 00/00/00 14/10/18 14/10/18 00/00/00 14/10/18 00/00/00 14/10/18 14/10/18 14/10/18 00/00/00 14/10/18

(A) PMIS.zws - PASSPORT

NEW JERSEY DEPARTMENT OF PERSONNEL EMPLOYEE MASTER INQUIRY EMPLOYEE NAME: THECKSTON

SCRN.ID:41 SSN: finkagna : TITLE NAME : TITLE CODE SALARY RANGE : SALARY - BASE:

Tuesday, February 21, 2017, 11:30:42 AM

SERGEANT U 31862 CLASS OF SERVICE STEP : 7 N 21 EXTRA : 96434.26

POSITION NUMBER PAYROLL NUMBER : DEPT/DIV/BUREAU : ORG/FUND/PROG/OBJ:

046559 LOCATION CODE UNIT NUMBER 32 LICENSE CODE LPP 1200 100 060000 12

OPER: LPPMON1 02/21/17 11:30 GERALD

COMP METHOD: 2 PART TIME % : WORK WEEK : NE EEO CODE C TOTAL: 96434.26 ZZZ 14

UNIT SCOPE : APPT AUTH ESSENTIAL EMP: CC/PA/EXT: 000 000

P625 LPP RWB

M OVERRIDE DATA : 'GENDER DATE OF BIRTH Y 0000P EDUCATION : B 35 ETHNIC/RACE AGE VA WORK TEST DT: VETERAN STATUS : 0 RESIDENCE CODE 112616 RATE/DT/SCLE: APPT DATE APPT TYPE • UA OUT-OF-STEP : ENT PERM SERV N 318 ANNIVERSARY DATE : STATUS A LEAVE THRU 72806 HIRE DATE PERM DATE PERM TITLE CODE: : APPT THRU DATE : PF8=VIEW HISTORY PF2=FUNC TITLE EMPLOYEE ID : 000519682 PF1=REFRESH SCREEN SSN/POS PF10=PREV MENU PF11=MAIN MENU PF12=EXIT PMTS NEXT TRAN

(A) PMIS.zws - PASSPORT

Tuesday, February 21, 2017, 11:30:46 AM

X300-02 HIT ENTER TO CONTINUE OPER ID: LPPMON1 NEW JERSEY DEPARTMENT OF PERSONNEL SCRN.ID:42 02/21/17 11:30 EMPLOYEE HISTORY INQUIRY 000519682 EMP ID: SSN: ignaMia, HIST START DT: EMP NAME: THECKSTON, GERALD T GENDER: M ED: B SCOPE: P625 V-DV: VA OFFLINE HISTORY: N P/R W DEP/DIV REFERENCE POS EFFECT APP C TITLE SAL A A/D NUMBER NO W BUR SALARY DATE TYP M CODE RNG C NUM 2 31862 N 21 AD 046559 32 NE 12117 UA SERGEANT TITLE: _ 2 31862 N 21 19 046559 32 NE 112616 UA SERGEANT TITLE: _ 72515 UA 2 31852 T 18 AD 063883 32 NE TROOPER 2 TITLE: _ 61015 UA 2 31852 T 18 12 063883 32 NE _ TITLE: TROOPER 2 2 31852 T 18 10 063883 32 NE 112014 UA TROOPER 2 _ TITLE: 102914 UA 2 31852 T 18 09 063883 32 NE _ TITLE: TROOPER 2 2 31852 T 18 AD 063883 32 NE 72614 UA _ TITLE: TROOPER 2 PF8=MASTER.PF10=PREV PF11=MAIN PF12=EXIT PMIS

LP P

96434.26

318

INC01701490

LP P

93490.70

317

LP P

87913.02

317

LPP01702117 3-4,9 INC01600170

LP P

84876.60

1715 LPP01505611

LP P

84876.60

LP P

84876.60

LP P

84876.60

1715 LPP01502609 025 1715 LPP01501853 025 1715 INC01501639

NEXT TRAN

SSN/POS

(A) PMIS.zws - PASSPORT

Tuesday, February 21, 2017, 11:30:48 AM

X300-02 HIT ENTER TO CONTINUE NEW JERSEY DEPARTMENT OF PERSONNEL OPER ID: LPPMON1 SCRN.ID:42 EMPLOYEE HISTORY INQUIRY 02/21/17 11:30 EMP ID: 0Q0519682 SSN: OMERNIMI HIST START DT: 72713 EMP NAME: THECKSTON, GERALD T GENDER: M ED: B V-DV: VA SCOPE: P625 OFFLINE HISTORY: N POS P/R W DEP/DIV REFERENCE EFFECT APP C TITLE SAL A NUM NO W BUR SALARY A/D NUMBER DATE TYP M CODE RNG C 72713 UA 2 31852 T 18 19 063883 32 NE _ TITLE: TROOPER 2 72713 UA 2 31851 T 17 AD 063883 32 NE _ TITLE: TROOPER 72812 UA 2 31851 T 17 AD 063883 32 NE TITLE: TROOPER 73011 UA 2 31851 T 17 AD 063883 32 NE TITLE: TROOPER _ 70811 UA 2 31851 T 17 10 063883 32 NE TROOPER TITLE: _ 62911 UA 2 31851 T 17 09 063883 32 NE TITLE: TROOPER _ 73110 UA 2 31851 T 17 AD 063883 32 NE _ TITLE: TROOPER PF8=MASTER PF10=PREV PF11=MAIN PF12=EXIT PMIS

LP P

81840.18

LP P

78126.06

1714 LPP01400376 3-4.9 415 INC01401642

LP P

75230.04

1713 INC01303896

LP P

72334.02

1712 LPP01289767

LP P

69438.00

LP P

69438.00

LP P

69438.00

1711 LPP01289766 025 1711 LPP01289765 025 1711 LPP01289764

NEXT TRAN

SSN/POS

(A) PMIS.zws - PASSPORT

Tuesday, February 21, 2017, 11:30:51 AM

X300-02 HIT ENTER TO CONTINUE NEW JERSEY DEPARTMENT OF PERSONNEL OPER ID: LPPMON1 SCRN.ID:42 EMPLOYEE HISTORY INQUIRY 02/21/17 11:30 EMP ID: 000519682 SSN: HIST START DT: 70310 EMP NAME: THECKSTON, GERALD T GENDER: M V-DV: VA ED: B SCOPE: P625 OFFLINE HISTORY: N POS P/R W DEP/DIV REFERENCE EFFECT APP C TITLE SAL A NO W BUR SALARY A/D NUMBER DATE TYP M CODE RNG C NUM 70310 UA 2 31851 T 17 AT 063883 32 NE TITLE: TROOPER _ 50410 UA 2 31851 T 17 12 063883 32 NE TITLE: TROOPER _ 41010 UA 2 31851 T 17 94 063883 32 NE TITLE: TROOPER _ 2 31851 T 17 AT 939387 32 NE 10210 UA TITLE: TROOPER _ 102409 UA 2 31851 T 17 94 939387 32 NE TITLE: TROOPER _ 91509 UA 2 31851 T 17 12 063882 32 NE TITLE: TROOPER _ 80109 UA 2 31851 T 17 AD 063882 32 NE _ TITLE: TROOPER PF8=MASTER PF10=PREV PF11=MAIN PF12=EXIT PMIS

LP P

66541.98

1710 ACB01149838

LP P

65077.72

1710 LPP01284031

LP P

65077.72

LP P

65077.72

1710 LPP01284030 001 1710 ATB01001339

LP P

61791.19

LP P

61791.19

1710 LPP01007575 001 1710 LPP01003323

LP P

61791.19

1710 INC01004106

NEXT TRAN

SSN/POS

Tuesday, February 21, 2017, 11:30:53 AM

(A) PMIS.zws - PASSPORT

X300-01 END OF FILE REACHED NEW JERSEY DEPARTMENT OF PERSONNEL OPER ID: LPPMON1 SCRN.ID:42 EMPLOYEE HISTORY INQUIRY 02/21/17 11:30 EMP ID: 000519682 SSN: 11111111111M HIST START DT: 80208_ EMP NAME: THECKSTON, GERALD T GENDER: M ED: B V-DV: VA SCOPE: P625 OFFLINE HISTORY: N P/R W DEP/DIV REFERENCE EFFECT APP C TITLE SAL A POS NO W BUR SALARY A/D NUMBER DATE TYP M CODE RNG C NUM 80208 UA 2 31851 TITLE: TROOPER _ 92607 OA 2 31851 TITLE: TROOPER _ 80407 UA 2 31851 _ TITLE: TROOPER 62307 UA 2 31851 TITLE: TROOPER 72806 UA 2 31851 TITLE: TROOPER

T 17 AD 063882

32

NE

LP P

59101.94

1709 INC00904187

T 17 12 063882

32

NE

LP P

56412.69

1708 0S080833785

T 17 AD 063882

32

NE

LP P

56412.69

1708 INC00806476

T 17 AT 063882

32

NE

LP P

53723.44

1707 ATB00801684

T 17 02 063882

32

NE

LP P

51657.15

1707 LPP00703982

TITLE: TITLE: PFB=MASTER PF10=PREV PF11=MAIN PF12=EXIT PMIS NEXT TRAN

SSN/POS

Tuesday, February 21, 2017, 11:44:04 AM

(B) TALRS.zws - PASSPORT

LAST NAME

SS NO = PR PAY CA TYP CP PN PAYTIME ANNUAL SALARY NUM PER YR PMT CD CD PAID

THECKSTON 2015 32 27 2015 THECKSTON 32 26 THECKSTON 32 26 2015 32 25 2015 THECKSTON THECKSTON 32 24 2015 2015 THECKSTON 32 W THECKSTON 32 23 2015 2015 THECKSTON 32 22 THECKSTON 32 21 2015 THECKSTON 32 20 2015 2015 THECKSTON 32 20 THECKSTON 32 19 2015 THECKSTON 32 18 2015 THECKSTON 32 17 2015 32 P 2015 THECKSTON DO YOU WANT TO CONTINUE I OR N

1 1 5 1 1 5 1 1 1 1 5 1 1 1 3 ?

2 .2 7 2 2 7 2 2 2 2 7 2 2 2 8

1 1 8 1 1 8 1 1 1 1 8 1 1 1 8

10.0 10.0 6.0 10.0 10.0 8.0 10.0 10.0 10.0 10.0 8.0 10.0 10.0 10.0 1.0

87,913.02 87,913.02 , 72.68 87,913.02 87,913.02 72.68 87,913.02 87,913.02 87,913.02 87,913.02 72.68 87,913.02 87,913.02 07,913.02 999.99

GROSS GEN

EFFECT DATE

15/07/25 15/07/25 15/07/25 15/07/25 15/07/25 00/00/00 15/07/25 15/07/25 15/07/25 15/07/25 15/07/25 15/07/25 15/07/25 15/07/25 00/00/00

(B) TALRS.zws - PASSPORT

LAST NAME

Tuesday, February 21, 2017, 11:44:07 AM

SS NO = 11.1111Ma PR PAY CA TYP CP PN PAYTIME ANNUAL NUM PER YR PMT CD CD SALARY PAID

2015 THECKSTON 32 16 THECKSTON 32 15 2015 THECKSTON 32 N 2015 THECKSTON 2015 32 N THECKSTON 32 14 2015 THECKSTON 32 13 2015 THECKSTON 32 12 2015 THECKSTON 32 12 2015 THECKSTON 32 11 2015 THECKSTON 32 10 2015 THECKSTON 32 09 2015 THECKSTON 32 08 2015 THECKSTON 32 07 2015 THECKSTON 32 U6 2015 THECKSTON 32 05 2015 DO YOU WANT TO CONTINUE Y OR N

1 1 3 3 1 1 1 5 1 1 1 1 1 1 1 ?

2 2 7 7 2 2 2 7 2 2 2 2 2 2 2

1 1 8 8 1 1 1 8 1 1 1 1 1 1 1

10.0 10.0 5.0 6.5 10.0 10.0 10.0 4.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0

84,876.60 84,876.60 2.74 2.85 84,876.60 84,876.60 84,876.60 70.78 84,876.60 84,876.60 84,876.60 84,876.60 84,876.60 84,8/6.60 84,876.60

GROSS GEN

EFFECT DATE

14/07/26 14/07/26 00/00/00 00/00/00 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26

(B) TALRS.zws - PASSPORT

LAST NAME

Tuesday, February 21, 2017, 11:44:10 AM

SS NO = IIMME111/ PR PAY CA TYP CP PN PAYTIME ANNUAL NUM PER YR PMT CD CD SALARY PAID

THECKSTON 32 04 2015 THECKSTON 2015 32 03 THECKSTON 2015 32 02 THECKSTON 32 01 2015 DO YOU WANT TO CONTINUE Y OR N

1 1 1 1 ?

2 2 2 2

1 1 1 1

10.0 10.0 10.0 10.0

84,876.60 84,876.60 84,876.60 84,876.60

GROSS GEN

EFFECT DATE

14/07/26 14/07/26 14/07/26 14/07/26

(A) PMIS.zws - PASSPORT

SCRN.ID:41 SSN: 4UMMEUMat TITLE NAME : TITLE CODE : SALARY RANGE : SALARY - BASE:

Tuesday, February 21, 2017, 12:00:03 PM '

OPER: LPPMON1 NEW JERSEY DEPARTMENT OF PERSONNEL 02/21/17 12:00 EMPLOYEE MASTER INQUIRY R NICHOLAS EMPLOYEE NAME: renna TROOPER 2 PART TIME % : U COMP METHOD: 2 31852 CLASS OF SERVICE D STEP 7 WORK WEEK : NE EEO CODE T 18 TOTAL: 84876.60 EXTRA 84876.60

POSITION NUMBER PAYROLL NUMBER DEPT/DIV/BUREAU : ORG/FUND/PROG/OBJ:

001676 LOCATION CODE UNIT NUMBER 32 LICENSE CODE LPP 1200 100 060000 12

ZZZ UNIT SCOPE : : P670 61 APPT AUTH : LPP : : ESSENTIAL EMP: B10 CC/PA/EXT: 000 000

M OVERRIDE DATA : MOMS GENDER DATE OF BIRTH ETHNIC/RACE Y 00000 EDUCATION : B 42 AGE N VETERAN STATUS : WORK TEST DT: RESIDENCE CODE 0 APPT DATE 72614 RATE/DT/SCLE: APPT TYPE UA OUT-OF-STEP : ENT PERM SERV N 1516 ANNIVERSARY DATE : A LEAVE THRU ; STATUS 72007 HIRE DATE PERM TITLE CODE: PERM DATE : APPT THRU DATE EMPLOYEE ID : 000661621 PF8=VIEW HISTORY PF2=FUNC TITLE PF1=REFRESH SCREEN SSN/POS PF10=PREV MENU PF11=MAIN MENU PF12=EXIT PMIS NEXT TRAN

(A) PMIS.zws - PASSPORT

Tuesday, February 21, 2017, 12:00:09 PM

X300-02 HIT ENTER TO CONTINUE NEW JERSEY DEPARTMENT OF PERSONNEL OPER ID: LPPMON1 SCRN.ID:42 HISTORY INQUIRY 02/21/17 EMPLOYEE 02/21/17 12:00 12:00 EMP ID: 000661621 SSN: COMMERMEr HIST START DT: EMP NAME: RENNA, NICHOLAS NICHOLAS R GENDER: M ED: B V-DV: N SCOPE: P670 OFFLINE HISTORY: N P/R DEP/DIV POS P/R WW DEP/DIV REFERENCE EFFECT EFFECT APP APP CCTITLE TITLE SAL SAL A NO BUR SALARY SALARY NO W W BUR A/D NOM NUMBER DATE A/D NUMBER DATE TYP TYPM M CODE CODERNG RNG CC NUM

ammemor

100116 UA 2 31852 T 18 94 001676 32 NE 100116•UA TITLE: TROOPER 2 _ 101415 UA 2 31852 T 18 10 958276 32 NE _ TITLE: TROOPER 2 2 31852 T 18 09 958276 32 NE 101215 UA DA TITLE: TROOPER 2 _ 2 31852 T 18 09 958276 32 NE 91115 UA TITLE: TROOPER 2 _ TITLE; 2 31852 T 18 AD 958276 32 NE 71115 UA TITLE: TROOPER 2 2 31852 T 18 10 950276 32 NE 61215 UA _ TITLE: TROOPER 2 43015 UA 2 31852 T 18 09 958276 32 NE _ TITLE: TROOPER 2 PF11=MAIN PF12=EXIT PMIS PF8=MASTER PF10=PREV PF11=MAIN

LP P

84876.60

LP P

84876.60

LP P

84876.60

LP P

84876.60

LP P

84876.60

LP P

81840.18

1516 151.6 LPP01701356 001 1516 LPP01601525 025 1516 LPP01601411 025 1516 LPP01601205 025 1516 INC01600051

1615 LPP01505719 025 LP P 81840.18 1615 LPP01505090 025 NEXT TRAN SSN/POS

(A) PMIS.zws - PASSPORT

Tuesday, February 21, 2017, 12:00:13 PM

X300-02 HIT ENTER TO CONTINUE OPER ID: LPPMON1 NEW JERSEY DEPARTMENT OF PERSONNEL SCRN.ID:42 EMPLOYEE HISTORY INQUIRY 02/21/17 12:00 EMP ID: 000661621 SSN: ORMENNNW HIST START DT: 72614 EMP NAME: RENNA, NICHOLAS R ED: B GENDER: M SCOPE: P670 V-DV: N OFFLINE HISTORY: N POS P/R W DEP/DIV REFERENCE EFFECT APP C TITLE SAL A NO W BUR SALARY A/D NUMBER DATE TYP M CODE RNG C NUM 72614 UA 2 31852 T 18 19 958276 32 NE TITLE: TROOPER 2 71214 UA 2 31851 T 17 AD 958276 32 NE TITLE: TROOPER 32214 UA 2 31851 T 17 94 958276 32 NE TITLE: TROOPER 71313 UA 2 31851 T 17 AD 001921 32 NE TITLE: TROOPER 11213 UA 2 31851 T 17 10 001921 32 NE TITLE: TROOPER 2 31851 T 17 09 001921 32 NE 113012 UA TITLE: TRnOPFR 71412 UA 2 31851 T 17 AD 001921 32 NE TITLE: TROOPER PF8=MASTER PF10=PREV PF11=MAIN PF12=EXIT PMIS

LP P

81840,18

LP P

78126.06

LP P

75230.04

LP P

75230.04

LP P

72334.02

LP P

72334.02

LP P

72334.02

NEXT TRAN

1615 LPP01500544 3-4.9 316 INC01500647 1614 LPP01405773 001 1614 INC01400581 1613 LPP01304898 025 1613 LPP01303533 025 1613 INC01302746

SSN/POS

(A) PMIS.zws - PASSPORT

Tuesday, February 21, 2017, 12:00:15 PM

X300-02 HIT ENTER TO CONTINUE OPER ID: LPPMON1 NEW JERSEY DEPARTMENT OF PERSONNEL SCRN.ID:42 02/21/17 12:00 EMPLOYEE HISTORY INQUIRY EMP ID: 000661621 HIST START DT: 50912_ SSN: MNIMMONW EMP NAME: RENNA, NICHOLAS R GENDER: M ED: B SCOPE: P670 V-DV: N OFFLINE HISTORY: N REFERENCE POS P/R W DEP/DIV EFFECT APP C TITLE SAL A NUM NO W BUR SALARY A/D NUMBER DATE TYP M CODE RNG C 50912 UA 2 31851 T 17 10 001921 32 NE TITLE: TROOPER _ 50112 UA 2 31851 T 17 09 001921 32 NE TITLE: TROOPER _ 41912 UA 2 31851 T 17 09 001921 32 NE TITLE: TROOPER _ 2 31851 T 17 AD 001921 32 NE 71611 UA _ TITLE: TROOPER 71710 UA 2 31851 T 17 AD 001921 32 NE _ TITLE: TROOPER 70310 UA 2 31851 T 17 AT 001921 32 NE _ TITLE: TROOPER 50410 UA 2 31851 T 17 12 001921 32 NE _ TITLE: TROOPER PF8=MASTER PF10=PREV PF11=MAIN PF12=EXIT PMIS

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69438.00

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X300-01 END OF FILE REACHED OPER ID: LPPMON1 NEW JERSEY DEPARTMENT OF PERSONNEL SCRN.ID:42 02/21/17 12:00 EMPLOYEE HISTORY INQUIRY EMP ID: 000661621 SSN: 11.100Mil HIST START DT: 10210_ EMP NAME: RENNA, NICHOLAS R GENDER: M ED: B SCOPE: P670 — V-DV: N OFFLINE HISTORY: N POS P/R W DEP/DIV REFERENCE EFFECT APP C TITLE SAL A NO W BUR SALARY A/D NUMBER DATE TYP M CODE RNG C NUM 2 31851 10210 UA TITLE: TROOPER _ 71809 UA 2 31851 TROOPER TITLE: _ 71908 UA 2 31851 TITLE: TROOPER _ 72007 UA 2 31851 TITLE: TROOPER

T 17 AT 001921

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LAST NAME

SS NO = t$ESEMM1 PR PAY CA TYP CP PN PAYTIME ANNUAL SALARY NUM PER YR PMT CD CD PAID

2015 32 27 RENNA 2015 32 27 RENNA 2015 32 26 RENNA 2015 32 25 RENNA 2015 32 X RENNA 2015 32 24 RENNA 2015 RENNA 32 23 2015 RENNA 32 22 2015 RENNA 32 22 2015 RENNA 32 21 2015 32 T RENNA 32 20 2015 RENNA 2015 RENNA 32 19 2015 32 R RENNA 2015 32 18 RENNA DO YOU WANT TO CONTINUE Y OR N

1 5 1 1 5 1 1 1 5 1 5 1 1 5 1 ?

2 7 2 2 7 2 2 2 7 2 7 2 2 7 2

1 8 1 1 8 1 1 1 8 1 8 1 1 8 1

10.0 12.0 10.0 10.0 12.0 10.0 10.0 10.0 12.0 10.0 10.0 10.0 10.0 12.0 10.0

84,876.60 70.51 84,876.60 84,876.60 70.51 84,876.60 84,876.60 84,876.60 70.51 84,876.60 70.51 84,876.60 84,876.60 70.51 84,876.60

GROSS GEN

EFFECT DATE

15/07/11 15/07/11 15/07/11 15/07/11 00/00/00 15/07/11 15/07/11 15/07/11 15/07/11 15/07/11 00/00/00 15/07/11 15/07/11 00/00/00 15/07/11

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LAST NAME

SS NO = MOIREE116 CA TYP CP PN PAYTIME ANNUAL PR PAY SALARY NUM PER YR PMT CD CD PAID

2015 32 18 RENNA 2015 32 17 RENNA 17 2015 RENNA 32 2015 32 P RENNA 2015 RENNA 32 P 32 16 2015 RENNA 32 0 2015 RENNA 2015 32 15 RENNA 2015 RENNA 32 N 2015 32 N RENNA 2015 RENNA 32 14 32 13 2015 RENNA 2015 RENNA 32 12 2015 RENNA 32 K 32 11 2015 RENNA DO YOU WANT TO CONTINUE Y OR N

5 1 5 5 3 1 5 1 3 3 1 1 1 3 1 ?

7 2 7 7 8 2 7 2 7 7 2 2 2 8 2

8 2.0 1 10.0 8 8.0 8 18.0 1.0 8 1 10.0 8 8.0 1 10.0 8 518.0 8 20,0 1 10.0 1 10.0 1 10.0 8 1.0 1 10.0

70.51 84,876,60 70.51 68.38 999.99 84,876.60 68.60 81,840.18 2.74 2.52 81,840.18 81,840.18 81,840.18 310.00 81,840.18

GROSS GEN

EFFECT DATE

15/07/11 15/07/11 15/07/11 00/00/00 00/00/00 15/07/11 00/00/00 14/07/26 00/00/00 00/00/00 14/07/26 14/07/26 14/07/26 00/00/00 14/07/26

Tuesday, February 21, 2017, 12:17:10 PM

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LAST NAME

SS NO = PR PAY CA TYP CP PN PAYTIME ANNUAL SALARY NUM PER YR PMT CD CD PAID

2015 32 10 RENNA 2015 RENNA 32 09 2015 RENNA 32 08 2015 RENNA 32 07 2015 RENNA 32 07 2015 RENNA 32 F RENNA 32 06 2015 2015 32 05 RENNA 32 04 2015 RENNA 2015 RENNA 32 04 2015 RENNA 32 03 2015 RENNA 32 02 2015 RENNA 32 02 2015 RENNA 32 A 2015 32 01 RENNA DO YOU WANT TO CONTINUE Y OR N

1 1 1 1 5 5 1 1 1 5 1 1 5 5 1 ?

2 2 2 2 7 7 2 2 2 7 2 2 7 7 2

1 1 1 1 8 8 1 1 1 8 1 1 8 0 1

10.0 10.0 10.0 10.0 4.0 15.0 10.0 10.0 10.0 5.0 10,0 10.0 5.0 6.0 10.0

81,840.18 81,840.18 81,840.18 81,840.18 68.60 68.60 81,840.18 81,840,18 81,840,18 68.60 81,840.18 81,840.18 68.60 68,60 81,840.18

GROSS GEN

EFFECT DATE

14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 00/00/00 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 14/07/26 00/00/00 14/07/26

(B) TALRS.zws - PASSPORT

LAST NAME

Tuesday, February 21, 2017, 12:17:13 PM

SS NO = .150121EM PR PAY CA TYP CP PN PAYTIME ANNUAL SALARY NUM PER YR PMT CD CD PAID

2015 5 RENNA 32 01 DO YOU WANT TO CONTINUE Y OR N ?

7 8 20.0

68.60

GROSS GEN

EFFECT DATE

14/07/26

EXHIBIT 2

2004-22

http://www.nj.goy/grc/decisions/2004-22.html http://www.nj.goy/grc/decisions/2004-22.html

State of State of New New Jersey Jersey GOVERNMENT REC:ORDS GOVERNMENT REC:ORDS Corscu. Corscu. 101 SOT;TES BROAD BROAD SMELT SMELT PO Box Box 819 819 TRENTON, NJ 086: 086:1:1-0819

Toll Free: Toll Free:366-950-011 366-950-011 Fax: 60433-6337 Fax: 60433-6337

E-mail:fj(d E-mail: 'care ni ni us fj(d .n 'care .n Web Address: Address: wynT.nj.gollgrc wynT.nj.gollgrc

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• Final Decision Final Decision Gerald Weimer Gerald Weimer Complainant Complainant v. v. Township of Township ofMiddletown Middletown Custodian ofof Custodian Record Record

Complaint No. Complaint No. 2004-22 2004-22

At its At itsAugust August11, 11,2005 2005public public meeting, meeting, thethe Government Government Records Records Council Council ("Council") ("Council") considered considered the August the 5, August 2005 Supplemental 5, 2005 Supplemental Findings Findings and Recommendations and Recommendationsofof the the Executive Executive Director Director andand all related all related documentation documentation submitted submitted by the parties. by the parties. The Council The voted Council unanimously voted unanimously to adopt to adoptthe theentirety entirety ofof said said findings findings andand recommendations. recommendations. The Council, The Council, therefore, therefore, closed closed the case the without case any without further any action further because: action because: Custodianhas hassupplied supplied thethe Complainant Complainant withwith all ofallthe ofdocuments the documents as required as required in the Council's in the Council's Interim Decision Interim Decision dated May dated 13, May 13, 1. The Custodian 2004; settled; and and 2. All All issues issuesinincontroversy controversy have have been been fully settled; settlementisisconsistent consistent with with thethe law.law. 3. The settlement Final Decision Final DecisionRendered Renderedbyby the the GovernmentRecords Government RecordsCouncil Council On The The 11th 11th Day Dayof ofAugust, August,2005 2005 Vincent P. Vincent P.Maltese, Maltese,Chairman Chairman GovernmentRecords Government RecordsCouncil Council I attest attest the theforegoing foregoing is is a true a true and and accurate accurate record record of the of Government the Government Records Records Council. Council. DeAnna Minus-Vincent, DeAnna Minus-Vincent,Secretary Secretary Government Records Government RecordsCouncil Council Decision Distribution Decision Distribution Date: Date: August August 19,19, 2005 2005 Fetlffil IP:1012 Fetlffil IP:1012

Supplemental Findings Supplemental Findings and and Recommendations Recommendations of theof Executive the Executive Director Director Gerald Weimer, Gerald Weimer, Complainant Complainant v. v. Township of Township ofMiddletown, Middletown, Custodian ofof Custodian Record Record

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2004-22

Records Requested: Records Requested: payroll records recordsfor forcurrently currently employed employed patrolmen. patrolmen. Records Records should should start start at date atof date hireof and hire should and should IncludeInclude each year each until year until 1. All payroll December 31, December 31, 2003. 2003. Copy of of outside outsidework workcards cards (green (green cards), cards), overtime overtime cards cards (yellow (yellow cards), cards), submitted submitted by Lt.by Lenge Lt. Lenge for thefor year theofyear 2003; of 2003; 2. Copy attendance record attendance record for for Lt.Lt. Lenge Lenge forfor 2003 2003 to Include to Include all days all days present, present, vacation, vacation, comp. comp. time and timepersonal and personal time used; timedaily used; work daily work sheets for sheets for 2003; 2003;payroll payrollrecord record forfor 2003 2003 forfor Lt.Lt. Lenge. Lenge. List of of all all unpaid unpaidoutside outsidejobs jobs from from June June 1, 2003 1, 2003 to December to December 31, 31, 2003. 2003. Including Including name name of contractor, of contractor, name name of officer, of officer, who who 3. List worked the worked thejob, job,number number ofof hours hours worked, worked, andand amount amount of money of money owe;owe; amount amount of money of money in outside in outside work account; work account; amountamount of of money in money in account accountused usedtotopurchase purchase cars. cars. Copy of of all all vehicle vehicle assignment assignmentsheets sheetsfor for the the year year 2003, 2003, January January 1, 2003 1, 2003 through through December December 31, 2003 31, 2003 for all for shifts. all shifts. 4. Copy December 13, 13, 2003, 2003, January January 13, 13, 2004 2004 and and January January 22, 22, 2003. 2003. Request Made: Request Made: December Response Made: Response Made: January January 14, 14,2003 2003 Bernard Riley, Riley,Township TownshipAttorney Attorney Custodian: Bernard Custodian: March 11, 11,2004 2004 GRC Complaint GRC Complaintfiled: filed: March Background Background September9, September 9,2004 2004 The Government The GovernmentRecords Records Council Council ("Council") ("Council") referred referred GRCGRC Complaint Complaint No. 2004-22 No. 2004-22 to theto Office the Office of Administrative of Administrative Law ("OAL") Law ("OAL") for a for a hearing to hearing todetermine determinewhether whether thethe Custodian Custodian knowingly knowingly and and willfully willfully violated violated the Open the Open PublicPublic Records Records Act ("OPRA") Act ("OPRA") under the under totality theoftotality the of the circumstances. circumstances. July 14, July 14, 2004 2004 The OAL The OAL issued issuedits itsInitial Initialdecision decision inin which which thethe Administrative Administrative LawLaw Judge Judge ("AU") ("AU") foundfound that: that: 1, The The parties partieshave havevoluntarily voluntarily agreed agreed to a tosettlement a settlement as evidenced as evidenced by their by their signatures signatures or their orrepresentatives' their representatives' signature signature on the on the settlement agreement. settlement agreement. consistent wit witthe thelaw. law. Is consistent 2. The The settlement settlementfully fullydisposes disposesofofall allissues issues inin Leolluvelsy Leolluvelsy and and The AU The AU further furtherconcluded concluded that that thethe agreement agreement meets meets the requirements the requirements of N,J.A.C. of N,J.A.C. 1:1-19,1 1:1-19,1 and that and the that settlement the settlement should be should approved. be approved. He approved approvedthe thesettlement settlement and and ordered ordered thatthat the parties the parties comply comply with with its' terms. its' terms. The settlement The settlementagreement agreement provides, provides, among among other other things, things, thatthat the Custodian the Custodian has supplied has supplied the Complainant the Complainant with all with documents all documents as required as required in the the Council's Council'sInterim Interim Decision Decision dated dated May May 13,13, 2003. 2003. eli.M11/.4k eli.M11/.4k No analysis analysis Is Is required. required. and Recommendations Recommendations c...9.115111sions and The Executive The ExecutiveDirector Directorrespectfully respectfully recommends recommends thatthat the the Council Council closeclose this this case case without without any further any further action action because: because: The Custodian Custodianhas hassupplied supplied the the Complainant Complainant with with all of allthe of documents the documents as required as required in the in Council's the Council's InterimInterim Decision Decision dated May dated 13, May 13, 1. The 2004; Issues in in controversy controversyhave havebeen been fully fully settled; settled; and and 2. All Issues The settlement settlementIsIsconsistent consistent with with the the law. law. 3. The

Prepared By: Prepared By: CatherineStarghill, Catherine Starghill,Esq. Esq. In-House Counsel In-House Counsel ApprovedBy: Approved By: Paul F. Paul F. Dice Dice Executive Director Executive Director Government Records Government RecordsCouncil Council August 5, August 5, 2005 2005

ge.turn_t_e_len urn_t_e_len InterimDecision Interim Decisionon onAccess Access GeraldWeimer, Gerald Weimer, Complainant Complainant v. Township of Township of Middletown, Middletown, Custodianof Custodian ofRecord Record

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2004-22

http://www.nj.gov/gredecisions/2004-22.html http://www.nj.gov/gredecisions/2004-22.html

At the the September September9,9,7004 7004piihlir piihlir meeting, meeting, thethe Government Government Records Records Council Council ("Council") ("Council") considered considered the September the September 3, 20043, Executive 2004 Executive Director's Supplemental Director's Supplemental Findings Findings and and Recommendations Recommendations and and all related all related documents documents submitted submitted by the by parties. the parties. An administrative An administrative change change was made made to tosaid saidfindings findingsand and recommendations recommendations under under the Analysis the Analysis that that statesstates "December "December 31, 2004" 31, 2004" to readto "December read "December 31, 2003." 31,The 2003." The Council voted Council votedunanimously unanimouslytoto adopt adopt thethe entirety entirety of said of said findings findings and and recommendations recommendations with modifications with modifications and theand noted theadministrative noted administrative change. Therefore, change. Therefore,the theCouncil Council hereby hereby finds finds thatthat the the casecase willwill be referred be referred to thetoOffice the Office of Administrative of Administrative Law fora Law hearing fora hearing to determine to determine whether aa"knowing whether "knowingand and willful" willful" violation violation exists exists in the in the totality totality of the of circumstances the circumstances pursuant pursuant to the Open to thePublic Open Records Public Records Act and Act said and said determination will determination willbe beremanded remanded to to thethe Council Council for for a final a final decision. decision. Interim Decision Interim DecisionRendered Rendered byby the the GovernmentRecords Government RecordsCouncil Council On The On The 9th 9thDay Dayof ofSeptember, September, 2004 2004 Vincent P. Vincent P. Maltese, Maltese,Chairman Chairman Government Records Government RecordsCouncil Council I attest attestthe theforegoing foregoingisisa atrue true and and accurate accurate record record of the of Government the Government Records Records Council. Council. Virginia Hook, Virginia Hook,Secretary Secretary GovernmentRecords Government RecordsCouncil Council

SupplementalFindings Supplemental Findingsand and Recommendations Recommendations of the of the Executive Executive Director Director GeraldWeimer, Gerald Weimer, Complainant Complainant v. Township of Township of Middletown, Middletown, Custodianof Custodian ofRecord Record

ComplaintNo. Complaint No.2004-22 2004-22

Relevant Records Relevant RecordsRequested: Requested: 1. All payroll payroll records recordsfor forcurrently currently employed employed patrolmen. patrolmen. Records Records should should start start at date atof date hireof and hire should and should IncludeInclude each year each until year until December 31, December 31, 2003. 2003. Copy of of outside outsidework workcards cards (green (green cards), cards), overtime overtime cards cards (yellow (yellow cards), cards), submitted submitted by Lt.by Lenge Lt. Lenge for thefor year theofyear 2003; of 2003; 2, Copy attendance record attendance record for for Lt.Lt. Lenge Lenge forfor 2003 2003 to include to include all days all days present, present, vacation, vacation, comp. comp. time and timepersonal and personal time used; timedaily used; work daily work sheets for sheets for 2003; 2003;payroll payrollrecord record forfor 2003 2003 forfor Lt.Lt. Lenge. Lenge. List of of all all unpaid unpaidoutside outsidejobs jobs from from June June 1, 2003 1, 2003 to December to December 31, 31, 2003. 2003. Including Including name name of contractor, of contractor, name name of officer, of officer, who who 3, List worked the worked thejob, job,number number ofof hours hours worked, worked, andand amount amount of money of money owe;owe; amount amount of money of money In outside In outside work account; work account; amountamount of of money in money in account accountused usedtotopurchase purchase cars, cars, 4. Copy Copy of of all all vehicle vehicle assignment assignmentsheets sheetsfor for the the year year 2003, 2003, January January 1, 2003 1, 2003 through through December December 31, 2003 31, 2003 for all for shifts. all shifts. December 31, 31, 2003 2003 (three (threerequests), requests), January January 13,13, 2003 2003 (one (one request), request), January January 22, 2003 22, 2003 (clarification (clarification of theof four the four Request Made: Request Made: December requests per requests perthe thecustodian's custodian's response) response) January 14, 14,2003 2003 Response Made: Response Made: January Bernard Riley, Riley,Township TownshipAttorney Attorney Custodian: Bernard Custodian: March 11, 11,2004 2004 GRC Complaint GRC ComplaintFiled: Filed: March Background Background At Its Its July July8, 8,2004 2004public publicmeeting, meeting, the the Government Government Records Records Council Council ("Council") ("Council") considered considered the June the30, June 2004 30,Supplemental 2004 Supplemental Findings Findings arid arid Recommendations ofofthe Recommendations theExecutive Executive Director Director and and all all related related documentation documentation submitted submitted by theby parties. the parties. The Council The Council voted unanimously voted unanimously to to adopt the adopt theentirety entiretyofofsaid said findings findings and and recommendations. recommendations. TheThe Council, Council, therefore, therefore, foundfound that; that; The Custodian Custodianfulfilled fulfilleditem item #1#1 ofof the the May May 13,13, 2004 2004 Interim Interim Decision Decision by responding, by responding, in writing, in writing, to thetoComplainant's the Complainant's January January 22, 22, 1. The 2004 clarification clarification of ofthe theoriginal originalOPRA OPRA requests. requests. The Custodian Custodiandid didnot not meet meet the the burden burden of proving of proving thatthat the total the total denial denial of access of access to overtime to overtime cards, cards, including including overtime, overtime, 2. The compensatory time compensatory timeand and outside outside work work time; time; daily daily worksheets, worksheets, Including Including assignments, assignments, time, time, overtime overtime and reason and reason for overtime; for overtime; and and officer in officer in charge chargereports, reports, including including assignments assignments of officers of officers andand police police operations operations during during the applicable the applicable shift inshift accordance in accordance with with N.J.S.A. 47:1A-1 N.J.S.A. 47:1A-1 et et seq. seq.The TheCustodian Custodian is is ordered ordered to disclose to disclose thethe records records responsive responsive to the torequests the requests with appropriate with appropriate redactions redactions in accordance accordancewith withN.J.S.A. N.J.S.A.47:1A-1 47:1A-1 etet seq. seq. The Custodian Custodiansupplied supplied outside outside work work records records to the to the Complainant Complainant In the Inform the form of invoices, of invoices, however, however, did notdid disclose not disclose the actual the actual 3. The outside work outside workcards. cards.The The Custodian Custodian diddid notnot meet meet the the burden burden of proving of proving that outside that outside work cards work are cards not are disclosable not disclosable with redactions with redactions in accordance accordancetotoN.J.S,A. N.J.S,A.47:1A-1 47:1A-1etet seq. seq. The The Custodian Custodian is ordered is ordered to disclose to disclose the records the records responsive responsive to theto requests the requests with with appropriate redactions appropriate redactions in in accordance accordance with with N.J.S.A. N.J.S.A. 47:1A-1 47:1A-1 et seq. et seq. The Custodian Custodiandid didnot not specifically specifically address address disclosure disclosure or redactions or redactions of vehicle of vehicle assignment assignment records records as ordered as ordered by the May by the 13, May 2004 13, 2004 4. The Interim Decision. Interim Decision.The TheCustodian Custodian did did notnot meet meet thethe burden burden of proving of proving that vehicle that vehicle assignment assignment records records are notare dlsclosable not dlsclosable with or with or without redactions without redactionsininaccordance accordance to to N.J.S.A. N.J.S.A. 47:1A-1 47:1A-1 et seq. et seq. TheThe Custodian Custodian is ordered is ordered to disclose to disclose the records the records responsive responsive to the to the requests with requests withappropriate appropriate redactions redactions in accordance in accordance withwith N,J.5,,A. N,J.5,,A. 47:1A-1 47:1A-1 et seq. et seq. The Council's The Council'sFinal FinalDecision Decisionwas wasIssued Issued onon July July 15,15, 2004 2004 andand all all parties parties Involved Involved received received the "Findings the "Findings and Recommendations and Recommendations of the of the Executive Director" Executive Director"and and the the "Final "Final Decision." Decision." Accompanying Accompanying the decision, the decision, the parties the parties were informed, were informed, "all orders "all by orders the Council by the Council are to be are to be

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2004-22

completed within completed withinten ten(10) (10)days daysFrom From receipt receipt of of thethe decision decision andand a written a written confirmation confirmation transmitted transmitted to the GRC to theStaff GRC that Staff the that ordered the ordered actions were actions werecompleted." completed."InIn reviewing reviewing thethe correspondence correspondence from from the Custodian's the Custodian's Counsel, Counsel, Bernard Bernard Reilly, Reilly, and theand Complainant, the Complainant, the orderthe order hns not hns not hnen hnencompleted completedasas ofof September September 3, 2004. 3, 2004. A summary A summary of the of the correspondence correspondence between between the parties the parties and toand the Council to the Council staff staff subsequent to subsequent tothe theCouncil's Council's order order follows: follows: 1. August August 10, 10, 2004 2004 -- Letter Letterfrom fromCustodian's Custodian's Counsel Counsel to the to the Complainant Complainant stating stating that he that recently he recently received received the Council's the Council's decisiondecision and informing and informingthe theComplainant Complainant that that fulfilling fulfilling the the request request as ordered as ordered wouldwould be subject be subject to a special to a special serviceservice charge.charge. He asked Hethat asked that the Complainant the Complainanttotocontact contact him him to to advise advise whether whether the the requested requested records records were were still being still being soughtsought so thatso the that special the special service service charge charge calculations and calculations andredactions redactions could could bebe made. made. 2, August August 24, 24, 2004 2004 --- Letter Letterfrom fromCustodian's Custodian's Counsel Counsel to the to the Council's Council's staffstaff explaining explaining that the that documents the documents referenced referenced in the in the Council's order Council's orderspanned spanned 2020 years years and and required required the review the review and redaction and redaction of confidential of confidential information information for thousands for thousands of documents. of documents. He also also questioned questionedwhether whether the the Complainant Complainant may may stillstill require require said said documents documents since since the request the request arose out arose of aout labor of adispute labor dispute that that was now now resolved, resolved,He Hestated statedfurther further that that he he spoke spoke to the to the Complainant Complainant after after his August his August 10, 2004 10, letter 2004 to letter the Complainant to the Complainant and and his continuing continuinginterest interestInIn said said documents documents andand waswas waiting waiting for his for reply, his reply, 3. August August 31, 31, 2004 2004 -- Letter Letterfrom fromthe the Complainant Complainant to the to the Custodian's Custodian's Counsel Counsel requesting requesting when when he would he would be receiving be receiving the requested the requested documents and documents andthe theestimated estimated cost cost forfor providing providing same. same. Analysis Analysis It Is It Is clear clearthat thatthe the Custodian Custodian hashas notnot complied complied withwith the Council's the Council's FinalFinal Decision Decision of July of 8, July 2004. 8, 2004. That non-compliance That non-compliance has effectively has effectively resulted in resulted inaadenial denialofofaccess accesstoto records records responsive responsive to Complainant's to Complainant's OpenOpen Public Public Records Records Act request Act request dated December dated December 31, 2004. 31,What 2004. isWhat is not clear not clearfrom fromaareview reviewofofthe the records records is whether is whether or not or not the Custodian the Custodian committed committed a "knowing a "knowing and willful" and willful" violation violation in the totality in the of totality the of the circumstances by circumstances bynot notcomplying complying with with thethe Council's Council's July July 8, 2004 8, 2004 Final Final Decision. Decision. Conclusions an_d_Raconifigachlthill Conclusions an_d_Raconifigachlthill The Executive The ExecutiveDirector Directorrespectfully respectfully recommends recommends thatthat the the Council Council referrefer the case the to case thetoOffice the Office of Administrative of Administrative Law for Law a hearing for a hearing to to determine whether determine whetherthe the Custodian's Custodian's non-compliance non-compliance withwith the Council's the Council's orderorder has effectively has effectively resulted resulted in a denial in a of denial access of to access the requested to the requested records and records andaa"knowing "knowing and and willful" willful" violation violation exists exists in the in the totality totality of the ofcircumstances the circumstances pursuant pursuant to the Open to thePublic OpenRecords Public Records Act. Act. Prepared by: Prepared by: Approvedby: Approved by: Paul F. Paul F. Dice Dice Executive Director Executive Director Government Records Government RecordsCouncil Council September 3, September 3,2004 2004

Final Decision Final Decision Gerald Weimer, Gerald Weimer, Complainant Complainant v. Township of Township of Middletown, Middletown, Custodianof Custodian ofRecord Record

ComplaintNo. Complaint No.2004-22 2004-22

Its July July8, 8,2004 2004public publicmeeting, meeting,the the Government Government Records Records Council Council ("Council") ("Council") considered considered the June the30, June 2004 30,Supplemental 2004 Supplemental Findings Findings and and At Its Recommendations ofofthe Recommendations theExecutive Executive Director Director and and all all related related documentation documentation submitted submitted by theby parties. the parties. The Council The Council voted unanimously voted unanimously to to adopt the adopt theentirety entiretyofofsaid said findings findings and and recommendations. recommendations. TheThe Council, Council, therefore, therefore, finds finds that: that:

1, The The Custodian Custodianfulfilled fulfilleditem item #1#1 ofof the the May May 13,13, 2004 2004 Interim Interim Decision Decision by responding, by responding, in writing, in writing, to thetoComplainant's the Complainant's January January 22, 22, 2004 clarification clarification of ofthe theoriginal originalOPRA OPRA requests. requests. The Custodian Custodiandid didnot not meet meet the the burden burden of proving of proving thatthat the total the total denial denial of access of access to overtime to overtime cards, cards, including including overtime, overtime, 2. The compensatory time compensatory timeand and outside outside work work time; time; daily daily worksheets, worksheets, Including Including assignments, assignments, time, time, overtime overtime and reason and reason for overtime; for overtime; and and officer in officer in charge chargereports, reports, including including assignments assignments of officers of officers andand police police operations operations during during the applicable the applicable shift inshift accordance in accordance with with N.J.S.A. 47:1A-1 N.J.S.A. 47:1A-1 et et seq. seq.The TheCustodian Custodian is is ordered ordered to disclose to disclose thethe records records responsive responsive to the torequests the requests with appropriate with appropriate redactions redactions in accordance accordancewith withN.J.S.A. N.J.S.A.47:1A-1 47:1A-1 etet seq. seq. The Custodian Custodiansupplied supplied outside outside work work records records to the to the Complainant Complainant in theinform the form of Invoices, of Invoices, however, however, did notdid disclose not disclose the actual the actual 3. The outside work outside workcards. cards.The The Custodian Custodian diddid notnot meet meet the the burden burden of proving of proving that outside that outside work cards work are cards not are disclosable not disclosable with redactions with redactions in accordance accordancetotoJN.J,S,A. JN.J,S,A. 47:1A-1 47:1A-1 etet seq. seq. The The Custodian Custodian is ordered is ordered to disclose to disclose the records the records responsive responsive to the to requests the requests with with 47:1A-1 et et seq. seq. appropriate redactions appropriate redactions in in accordance accordance with with 4, The The Custodian Custodiandid didnot not specifically specifically address address disclosure disclosure or redactions or redactions of vehicle of vehicle assignment assignment records records as ordered as ordered by the May by the 13, May 2004 13, 2004 Interim Decision, Interim Decision,The TheCuotodian Cuotodian did did notnot meet meet thethe burden burden of proving of proving that vehicle that vehicle assignment assignment records records are notare disclosable not disclosable with or with or without redactions without redactionsininaccordance accordance to to N.J.S.A. N.J.S.A. 47:47: 1A-1 1A-1 et seq. et seq. TheThe Custodian Custodian is ordered is ordered to disclose to disclose the records the records responsive responsive to the to the requests with requests withauknupi auknupi late late redactions redactions in accordance in accordance withwith pl.J.adi, pl.J.adi, 47:1A-1 47:1A-1 et seq. et seq. This is This is the the final finaladministrative administrative determination determination in this in this matter. matter. Any Any further further review review shouldshould be pursued be pursued in the Appellate in the Appellate DivisionDivision of the Superior of the Superior

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Courtof Court ofNew NewJersey Jerseywithin within forty-five forty-five (45) (45) days. days. Information Information about about the appeals the appeals process process can be can obtained be obtained from the from Appellate the Appellate DivisionDivision Clerk's Office, Clerk's Office,Hughes HughesJustice Justice Complex, Complex, 2525 W.W. Market Market St.,St., PO PO BoxBox 006,006, Trenton, Trenton, NJ 08625-0006. NJ 08625-0006. Final Decision Final Decision Rendered Renderedby bythe the GovernmentRecords Government RecordsCouncil Council On The On The 88 Day Dayof ofJuly, July,2004 2004 Vincent P. Vincent P. Maltese, Maltese,Chairman Chairman Government Records Government RecordsCouncil Council I attest attestthe theforegoing foregoingisisa atrue true and and accurate accurate record record of the of Government the Government Records Records Council. Council. Virginia Hook, Virginia Hook,Secretary Secretary GovernmentRecords Government RecordsCouncil Council 1?.ri.or 1?.ri.or SupplementalFindings Supplemental Findingsand and Recommendations Recommendations of the of the Executive Executive Director Director GeraldWeimer Gerald Weimer Complainant Complainant v. Township of Township of Middletown Middletown Custodianof Custodian ofRecords Records

GRC Complaint GRC ComplaintNo. No.2004-22 2004-22

Relevant Records Relevant RecordsRequested: Requested: payroll records recordsfor forcurrently currently employed employed patrolmen. patrolmen. Records Records should should start start at date atof date hireof and hire should and should include include each year each until year until 1. All payroll December 31, December 31, 2003. 2003. 2. Copy Copy of of outside outsidework workcards cards (green (green cards), cards), overtime overtime cards cards (yellow (yellow cards), cards), submitted submitted by Lt.by Lenge Lt. Lenge for thefor year theofyear 2003; of 2003; attendance record attendance record for for Lt.Lt. Lenge Lenge forfor 2003 2003 to include to include all days all days present, present, vacation, vacation, comp. comp. time and timepersonal and personal time used; timedaily used; work daily work sheets for sheets for 2003; 2003;payroll payrollrecord record forfor 2003 2003 forfor Lt.Lt. Lenge. Lenge. LIst of of all all unpaid unpaidoutside outside jobs jobs from from June June 1, 2003 1, 2003 to December to December 31, 31, 2003. 2003. Including Including name name of contractor, of contractor, name name of officer, of officer, who who 3. LIst worked the worked thejob, job,number number ofof hours hours worked, worked, andand amount amount of money of money owe;owe; amount amount of money of money in outside in outside work account; work account; amountamount of of money in money in account accountused usedtotopurchase purchase cars. cars. Copy of of all all vehicle vehicle assignment assignmentsheets sheetsfor for the the year year 2003, 2003, January January 1, 2003 1, 2003 through through December December 31, 2003 31, 2003 for all for shifts. all shifts. 4. Copy Request Made: Request Made:December December 31, 31, 2003 2003 (three (three requests), requests), January January 13, 2003 13, 2003 (one(one request), request), January January 22, 2003 22, (clarification 2003 (clarification of the of the four requests four requestsper perthe the custodian's custodian's response) response) January 14, 14,2003 2003 Response Made: Response Made: January Bernard Riley, Bernard Riley,Township TownshipAttorney Attorney Custodian: Custodian: March 11, 11,2004 2004 GRC Complaint GRC ComplaintFiled: Filed: March Recommendationsofofthe Recommendations theExecutive Executive Director Director The Executive The ExecutiveDirector Directorrespectfully respectfully recommends recommends thatthat the the Council Council find find that:that: The Custodian Custodianfulfilled fulfilleditem item #1#1 ofof the the May May 13,13, 2004 2004 Interim Interim Decision Decision by responding, by responding, in writing, in writing, to thetoComplainant's the Complainant's January January 22, 22, 1. The 2004 clarification clarification of ofthe theoriginal originalOPRA OPRA requests. requests. The Custodian Custodiandid didnot not meet meet the the burden burden of proving of proving thatthat the total the total denial denial of access of access to overtime to overtime cards, cards, Including Including overtime, overtime, 2. The compensatory time compensatory timeand and outside outside work work time; time; daily daily worksheets, worksheets, including including assignments, assignments, time, time, overtime overtime and reason and reason for overtime; for overtime; and and officer in officer in charge chargereports, reports, including including assignments assignments of officers of officers andand police police operations operations during during the applicable the applicable shift inshift accordance in accordance with with N.J.S.A, 47:1A-1 N.J.S.A, 47:1A-1 et et seq. seq.The TheCustodian Custodian should should disclose disclose thethe records records responsive responsive to the to requests the requests with with appropriate appropriate redactions redactions in in 47:1A-1 et et seq. seq. accordance with accordance with The Custodian Custodiansupplied supplied outside outside work work records records to the to the Complainant Complainant in theinform the form of invoices, of invoices, however, however, did notdid disclose not disclose the actual the actual 3. The outside work outside workcards. cards.The The Custodian Custodian diddid notnot meet meet the the burden burden of proving of proving that outside that outside work cards work are cards not are disclosable not disclosable with redactions with redactions in accordance accordancetotoLLJ.S.A. LLJ.S.A. 47:1A-1 47:1A-1 etet seq. seq. The The Custodian Custodian should should disclose disclose the records the records responsive responsive to theto requests the requests with appropriate with appropriate redactions in redactions inaccordance accordance with with N.J.S.A,. N.J.S.A,. 47:1A-1 47:1A-1 et seq. et seq. The Custodian Custodiandid didnot not specifically specifically address address disclosure disclosure or redactions or redactions of vehicle of vehicle assignment assignment records records as ordered as ordered by the May by the 13, May 2004 13, 2004 4. The Interim Decision. Interim Decision.The TheCustodian Custodian did did notnot meet meet thethe burden burden of proving of proving that vehicle that vehicle assignment assignment records records are notare disclosable not disclosable with or with or without redactions without redactionsininaccordance accordance to to N.J.S.A. N.J.S.A. 47:1A-1 47:1A-1 et seq. et seq. TheThe Custodian Custodian should should disclose disclose the records the records responsive responsive to the to the requests with requests withappropriate appropriate redactions redactions in accordance in accordance withwith N.J.S.A N.J.S.A 47:1A-1 47:1A-1 et seq. et seq. Iliackaround Iliackaround At the the May May13, 13,2004 2004public publicmeeting, meeting,the the Government Government Records Records Council Council ("Council") ("Council") considered considered the May the7, May 2004 7, Executive 2004 Executive Director's Director's Findings and Findings andRecommendations Recommendations and and allall related related documents documents submitted submitted by the byparties. the parties. The Council The Council voted unanimously voted unanimously to adoptto the adopt entirety the entirety of said said findings findingsand andrecommendations recommendations with with amendments amendments to the to recommendations the recommendations that all that certifications all certifications and supporting and supporting information information are to are to come from from the theCustodian Custodian ofof Records Records and and responses responses are are to be toprovided be provided within within fifteen fifteen (15) calendar (15) calendar days from daysreceipt from receipt of the Interim of the Interim Decision. The The Council Councilfound foundthat: that: The Custodian Custodianisistotorespond respond toto thethe complainant's complainant's letter letter dated dated January January 22, 2004, 22, 2004, pursuant pursuant to N.J.S.A. to N.J.S.A. 47:1A-1.1 47:1A-1.1 et seq. et seq. 1. The The Custodian Custodianofofrecords records IsIs toto provide provide a certification a certification andand supporting supporting Information Information as to the as specific to the specific reason reason work cards, workovertime cards, overtime 2. The cards and cards andattendance attendance records records areare notnot disclosable disclosable pursuant pursuant to N,J.S.A. to N,J.S.A. 47:1A-3 47:1A-3 (a), N.J.S.A, (a), N.J.S.A, 47:1A-1.1 47:1A-1.1 and Executive and Executive Order #9 Order #9

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should be should be considered considered"...criminal "...criminal investigatory investigatory records..." records..." and and exempt exempt from from disclosure disclosure or appropriate or appropriate redactions redactions under under 47:1A-1 et et seq. seq. The Custodian Custodianofofrecords records is is toto provide provide a certification a certification as to asthe to records the records that are thatresponsive are responsive "unpaid "unpaid work cards work for cards 2003," forwith 2003," with 3. The exceptions provided exceptions providedunder under OPRA, OPRA, were were disclosed disclosed to the to the complainant complainant as previously as previously stated. stated. The Custodian Custodianofofrecords records is is toto provide provide a certification a certification withwith supporting supporting information information that explains that explains why the why vehicle the vehicle assignments assignments should should 4. The be exempt exempt from fromdisclosure disclosureonon the the basis basis of of security security issues issues under under OPRA. OPRA. Public Agency: Public Agency: On June On June2, 2,2004, 2004,the theCustodian Custodian asserts asserts a response a response to the to the Complainant's Complainant's January January 22, 2004 22, clarification 2004 clarification the original the original OPRA requests OPRA requests dated dated December 31, December 31, 2003 2003 and andJanuary January 13, 13, 2004. 2004. The Custodian The Custodiancontends contends that that thethe payroll payroll information information for currently for currently employed employed policepolice officers officers can becan disclosed, be disclosed, More in More depthininformation depth information or or information including information includingformer former officers, officers, however, however, may may be in bestorage in storage or need or need redactions, redactions, as a result, as a result, a special a special serviceservice charge charge may be may be applicable respective applicable respectivetotothese these records. records. The The Custodian Custodian further further contends contends that overtime, that overtime, compensatory compensatory time, outside time, outside work cards, work records cards, records for individual for individualofficers, officers,daily dailywork work sheets sheets and and Officer Officer In Charge In Charge reports reports are all are exempt all exempt from disclosure from disclosure pursuant pursuant to N.J.S.A. to N.J.S.A. 47:1A-1.1, 47:1A-1.1, N.J.S.A. 47:1A-3 N.J.S.A. 47:1A-3 (a), (a), N.J.S.A. N.J.S.A.47:1A-10, 47:1A-10,Executive ExecutiveOrder Order #9#9 and and Executive Executive Order Order #21 #21 and and would would causecause a security a security breach breach and jeopardize and jeopardize criminal investigations criminal investigationsififreleased. released. The The Custodian Custodian additionally, additionally, contends contends that these that these records records are part are ofpart an officers of an officers "personnel" "personnel" file. Further, file. Further, the Custodian the Custodianenclosed enclosedoutside outside work work invoices invoices and and noted noted thatthat more more detailed detailed records records wouldwould not benot disclosabie be disclosabie for security for security reasons.reasons. May 13, 13, 2004 2004 Interim InterimDecision, Decision,provided provided a certification a certification dated dated June June 3, 2004. 3, 2004. The The Custodian Custodian certified certified The Custodian, The Custodian,ininresponse response toto the May the that he that heisisserving servingasasthe therecords records custodian custodian in this in this casecase because because the appointed the appointed records records custodian custodian has nothas been notavailable been available due to illness due toand illness and case is legally legally sensitive. sensitive. Regarding payroll Regarding payrollrecords, records, thethe Custodian Custodian affirms affirms thatthat this information this information is disclosable is disclosable to the to Complainant the Complainant for officers for officers currentlycurrently employedemployed by by the Township, the Township,however, however,more more inin depth depth information information maymay require require a special a special service service charge charge due todue the to extraordinary the extraordinary amount amount of time In of time In assembling lire assembling lireitems itemsfur furreview review oror copies. copies. The Custodian The Custodianexplains explainsthat that thethe "outside "outside work work records" records" havehave been been supplied supplied to the to Complainant the Complainant on Juneon 2, June 2004.2, 2004. The Custodian The Custodianalso alsosubmitted submitted a certification a certification From From Deputy Deputy Police Police Chief, Chief, Robert Robert Oches, Oches, explaining explaining the potential the potential danger danger in disclosing in disclosing the the information contained information contained inin overtime overtime cards, cards, compensatory compensatory timetime cards, cards, outside outside workwork cards,cards, daily work dailysheets work and sheets Officer and Officer in Charge in reports. Charge reports. Deputy Chief Deputy ChiefOches Ochesasserts assertsthat that this this information information could could impact impact the security the security and safety and safety of theof police the police officerofficer and investigation and investigation and would and would potentially be potentially beadvantageous advantageous for for those those planning planning a "terrorist a "terrorist or major or major criminal criminal attack attack or Incident." or Incident." On June On June19, 19,2004, 2004,the theCustodian Custodian submitted submitted additional additional information information in response in response to Council's to Council's staff's staff's letter seeking letter seeking clarification clarification of each record of each record and the and thereason reasonfor forexemptions exemptions oror redactions, redactions, In whole In whole or part. or part. In his In his response, response,the theCustodian Custodian certified certified that that the the request request for attendance for attendance and work and records work records includeinclude overtime overtime cards, which cards, list which overtime, list overtime, compensatorytime compensatory timeand and outside outside work work time. time. The The requests requests for daily for daily workwork sheets sheets include include assignments, assignments, date and date time and spent timeon spent assignments, on assignments, overtime and overtime andreason reasonfor for overtime. overtime. Additionally, Additionally, thethe officers officers in charge in charge reports reports include include information information on the on assignments the assignments of officers of officers and police and police operations during operations duringthe the applicable applicable shift. shift. The The Custodian Custodian supplied supplied examples examples of work of work cardscards as supplemental as supplemental Information Information and contends and contends that that disclosing these disclosing these records recordswould wouldjeopardize jeopardize on-going on-going investigations, investigations, homeland homeland security security operations operations and juvenile and juvenile arrestees. arrestees. Regarding Regarding the the possibility of possibility of redactions, redactions,the theCustodian Custodian asserts asserts thatthat the the records records responsive responsive to thetorequest the request are tooare voluminous too voluminous and would andwarrant would warrant a special a special service charge. service charge.The TheCustodian Custodian further further argues argues thatthat disclosing disclosing the records the records wouldwould interfere interfere with the with State's the State's ability to ability protect tocitizens protectagainst citizens against sabotage and sabotage andterrorism terrorism and and would would potentially potentially increase increase these these risks, risks, therefore, therefore, are exempt are exempt under Executive under Executive Order 21. Order 21. Analysis Analysis The Custodian Custodianfulfilled fulfilledthe the May May 13, 13, 2004 2004 Interim Interim Order Order by responding by responding to thetoComplainant's the Complainant's January January 22, 2004 22, clarification 2004 clarification of the original of the original 1. The OPRA requests. OPRA requests. 47:1A-3 The Custodian Custodianposes posesthe theargument argument that that work work cards, cards, overtime overtime cardscards and attendance and attendance recordsrecords are not are disclosable not disclosable under J U.S.A. under U.S.A. 2. The 47: 1A-10, Executive Executive Order Order#9 #9and and Executive Executive Order Order #21#21 for for being being personnel personnel and pension and pension records records and for and for (a), U.S.A. 47:1A-1.1, 47:1A-1.1, security and security andcriminal criminal investigatory investigatory reasons. reasons. TheThe Custodian Custodian provided provided detailed detailed Information Information as to the as type to the of type information of information contained contained in each in each record, The record, TheCustodian Custodian asserts asserts that that thethe records records are part are part of anof officer's an officer's personnel personnel file and file exempt and exempt under OPRA, under Additionally, OPRA, Additionally, the Custodian the Custodian contends that contends thatthe therecords, records, if if disclosed, disclosed, would would cause cause a security a security breach breach and jeopardize and jeopardize criminal criminal investigations investigations in that some in that ofsome the of the information pertains information pertains toto on-going on-going investigations, investigations, homeland homeland security security operations operations and juvenile and juvenile arrestees, arrestees, Further, Further, the Custodian the Custodian affirms that affirms that the information the informationcontained contained inin thethe records records could could impact impact the security the security and safety and safety of theof police the police officerofficer and investigation and investigation and could andpotentially could potentially be be advantageous for advantageous foruse useininsabotage sabotage and and terrorism. terrorism. N.J,S.A. 47:1A-10 N.J,S.A. 47:1A-10 provides providesthat thatpersonnel personnel and and pension pension records records are not are disclosable not disclosable exempt exempt that "...an that "...an individual's individual's name, title, name, position, title, position, salary, payroll salary, payrollrecord, record, length length of of service, service, date date of separation of separation and and the reason the reason therefore, therefore, and the and amount the amount and type and of any typepension of any pension received received shall be shall be aa government governmentrecord..." record..." Information Information contained contained In payroll In payroll records records is disclosable is disclosable pursuant pursuant to OPRA. to OPRA. It is reasonable It is reasonable that attendance, that attendance, overtime and overtime andcompensatory compensatory time time records records areare within within the realm the realm of payroll of payroll records. records. As indicated As indicated by the by Custodian, the Custodian, attendance, attendance, overtimeovertime and compensatory and compensatorytime time may may be. be. contained contained In an In officer's an officer's personnel personnel file, file, however, however, should should not benot considered be considered exemptexempt under the under "personnel the "personnel and pension" and pension"provision provision ofof OPRA. OPRA. The The content content of the of the record record is applicable is applicable In this Incase this and casenot and the not potential the potential locationlocation of the record. of the record. N.J.S.A. 47:1A-6 N.J.S.A. 47:1A-6 provides providesthat that"[t]he "[t]he public public agency agency shall shall have have the the burden burden of proving of proving that the that denial the denial of access of access is authorized is authorized by law,"by The law," The Custodiantook Custodian tookthe theposition position that that allall records records relating relating to work to work cards, cards, overtime overtime cards cards and attendance and attendance records records are not disclosable. are not disclosable. Samples Samples of work work cards cardswere wereincluded included inin the the Custodian's Custodian's response response to the to Interim the Interim OrderOrder containing containing date ofdate assignment, of assignment, hours worked hours on worked on assignment, designation assignment, designationofoftype type ofof time time worked, worked, signature signature of officer, of officer, signature signature of supervisor of supervisor and brief and description brief description of assignment. of assignment. It is It is obvious that obvious thatrecords recordspertaining pertaining to to police police procedure procedure are sensitive are sensitive in nature, in nature, however, however, It is important It is important to distinguish to distinguish if records if are records exempt are exempt from disclosure from disclosureininwhole wholeororinin part. part. After After reviewing reviewing the the sample, sample, it is it reasonable is reasonable to assume to assume that potential that potential redactions, redactions, in accordance in accordance with with

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OPRA, could OPRA, couldhe hemade madesosothat that the the confidential confidential information information contained contained within within the record the record wouldwould remainremain confidential confidential and not and interfere not interfere with with on-going investigations on-going investigationsor orsecurity security procedures. procedures. In aa letter In letterdated datedJune June 15, 15, 2004, 2004, thethe Council's Council's staff staff requested requested an explanation an explanation of each of record, each record, the exemption the exemption applicable, applicable, in wholeinorwhole in part or in part and the and thereason reasonthe theexemption exemption applies. applies. Regarding potential Regarding potentialredactions, redactions, thethe Custodian Custodian asserts asserts that that the records the records are too are voluminous too voluminous to redact to without redact without a specialaservice specialcharge. service charge. OPRA provides OPRA providesfor forinstances instances where where a special a special service service charge charge maymay he applied he applied if It involves if It involves an "...extraordinary an "...extraordinary expenditure expenditure of time and, of time effort and, effort to accommodate accommodatethe therequest..." request..." N.J.S,,A, N.J.S,,A, 47:1A-5 47:1A-5 (c).(c). The The Custodian Custodian should should establish establish if a special if a special service service charge charge is warranted is warranted and provide and provide a quote quote to tothe theComplainant Complainant prior prior to incurring to incurring the copy the copy costs. costs. The Custodian The Custodiandid didnot not meet meet the the burden burden of proving of proving the the totaltotal denial denial of access of access to thetowork the work cards;cards; overtime overtime cards and cards attendance and attendance records, in records, in their entirety, their entirety,isiswarranted, warranted, The Custodian Custodianaddresses addresses the the issue issue of of "unpaid "unpaid outside outside work work for 2003" for 2003" by attaching by attaching two (2) two invoices (2) invoices to the to Statement the Statement of Information of Information 3. The and additional and additionalinvoices invoicesininhis his letter letter to to thethe Complainant Complainant dated dated JuneJune 2, 2004. 2, 2004. The Custodian, The Custodian, additionally, additionally, contends contends that additional that additional information responsive information responsivetoto outside outside work work cards cards areare not not dlsclosable dlsclosable due due to on-going to on-going criminal criminal Investigations Investigations and security and security procedures procedures under under N.J.S.A 47:1A-1.1, N.J.S.A 47:1A-1.1, N,.,S.A N,.,S.A 47:1A-3 47:1A-3 (a), (a),Executive ExecutiveOrder Order #9#9 and and Executive Executive Order Order #21.#21. TheThe Custodian, Custodian, however, however, did not didaddress not address if the if the records, in records, inwhole wholeor orpart, part, could could bebe redacted, redacted, therefore, therefore, did not did meet not meet the burden the burden of proving of proving the denial the of denial access of to access the outside to the outside work cards work cards is warranted, warranted, pursuant pursuant to to N.J.S,k N.J.S,k '17:1A-6. '17:1A-6. It isItreasonable is reasonable to assume to assume that redactions that redactions could be could made beto made thesetorecords these records without disclosing without disclosing information that information thatcould could potentially potentially interfere interfere with with on-going on-going criminal criminal investigations investigations and security and security procedures. procedures. In the the Statement StatementofofInformation, Information, thethe Custodian Custodian poses poses the argument the argument that vehicle that vehicle assignment assignment recordsrecords are exempt are exempt under N.J.S.A. under N.J.S.A. 4. In 47:1A-1.1 and and N.J.S N.J.SA. A.47:1A-3 47:1A-3(a) (a)ininthat that disclosure disclosure of of thethe records records could could jeopardize jeopardize surveillance surveillance techniques techniques and criminal and criminal investigations. investigations. The Custodian The Custodiandid didriot, riot, however, however, comply comply with with thethe May May 13, 13, 2004 2004 Interim Interim Order Order by providing by providing supporting supporting information information explaining explaining the reason the reason vehicle assignment assignmentrecords recordscannot cannot bebe disclosed, disclosed, in in whole whole or part. or part. TheThe Custodian Custodian did not didaddress not address vehicle vehicle assignment assignment recordsrecords in response in response to the the Interim InterimOrder Order oror Council's Council's staff's staff's letter letter doted doted JuneJune 15, 2004. 15, 2004. Pursuant Pursuant to N.J.S,A to N.J.S,A 17:1A-6, 17:1A-6, the Custodian the Custodian did not meet did not themeet burden the burden of proving proving that thatthe thevehicle vehicleassignment assignment records records areare not not disclosable disclosable or reclactable. or reclactable.

D.ocianients Rgykyigd D.ocianients Rgykyigd The following The following additional additionaldocuments documents were were reviewed reviewed in preparing in preparing the Findings the Findings and Recommendations and Recommendations for thisfor case: this case: June 3, 3, 2004 2004 -- Custodian's Custodian'sresponse response to to thethe Interim Interim Decision Decision including including his certification his certification as theasrecords the records Custodian, Custodian, certification certification of the of the 1. June Deputy Police Deputy Police Chief Chiefand andletter letter toto complainant complainant dated dated June June 2, 2004. 2, 2004. June 15, 15, 2004 2004 -- Council's Council'sstaff's staff's letter letter seeking seeking clarification clarification of Interim of Interim Decision Decision response response dateddated June 3, June 2004. 3, 2004. 2. June June 19, 19, 2004 2004 -- Custodian's Custodian's response response to to Council's Council's staff's staff's letter letter dated dated JuneJune 15, 2004 15, 2004 seeking seeking clarification. clarification. 3. June Conclusion Conclusion the Custodian Custodiandid didnot not meet meet thethe burden burden of proving of proving thatthat overtime overtime cards, cards, including including overtime, overtime, compensatory compensatory Based upon Based uponN•J N•J,S,A. 47:1A-6, the time and time andoutside outsidework worktime; time; daily daily worksheets, worksheets, Including Including assignments, assignments, time,time, overtime overtime and reason and reason for overtime; for overtime; officer officer in charge in reports, charge reports, including assignments including assignmentsofofofficers officersand and police police operations operations during during the the applicable applicable shift;shift; outside outside work work cards cards and vehicle and vehicle assignments assignments are not are not disclosable in disclosable in whole wholeor orpart part inin accordance accordance with with N.J.S.A N.J.S.A 47:1A-1 47:1A-1 et seq. et seq. TheThe Council Council should should orderorder the records the records disclosable disclosable with the with the appropriate redactions appropriate redactions in in accordance accordance with with N.J.S.A. N.J.S.A. 47:1A-1 47:1A-1 et seq. et seq.

Paul F. Paul F. Dice Dice Executive Director Executive Director Government Records Government RecordsCouncil Council June 30, June 30, 2004 2004

InterimDecision Interim Decisionon onAccess Access Gerald Weimer, Gerald Weimer, Complainant Complainant v. Township of Township of Middletown, Middletown, Custodianof Custodian ofRecord Record

ComplaintNo. Complaint No.2004-22 2004-22

At the the May May13, 13,2004 2004public publicmeeting, meeting,the the Government Government Records Records Council Council ("Council") ("Council") considered considered the May the7, May 2004 7, Executive 2004 Executive Director's Director's Findings and Findings andRecommendations Recommendations and and allall related related documents documents submitted submitted by the byparties. the parties. The Council The Council voted unanimously voted unanimously to adoptto the adopt entirety the entirety of said said findings findingsand andrecommendations recommendations with with amendments amendments to the to recommendations the recommendations that all that certifications all certifications and supporting and supporting information information are to are to come from from the theCustodian Custodian ofof Records Records and and responses responses are are to be toprovided be provided within within fifteen fifteen (15) calendar (15) calendar days from daysreceipt from receipt of the Interim of the Interim uecislon. II herefore, uecislon. herefore,the theCouncil Council finds finds that: that:

1. The The custodian custodianisistotorespond respond toto the the complainant's complainant's letter letter dated dated January January 22, 2004, 22, 2004, pursuant pursuant to N.J.S.A, to N.J.S.A, 47:1A-1.1 47:1A-1.1 et seq. The et seq. The

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custodianof custodian ofrecords recordsisisdirected directed to to comply comply with with thethe order order within within fifteen fifteen (15) (15) daysdays fromfrom the receipt the receipt of the of Interim the Interim Decision Decision with a with a response to response tothe theExecutive ExecutiveDirector. Director. 2. The The claim claim by bythe thecustodian's custodian's counsel counsel that that records records pertaining pertaining to work to work cards,cards, overtime overtime cards and cards attendance and attendance records are records not are not disclosable pursuant disclosable pursuanttoto N.J.S.A. N.J.S.A. 47:1A-3 47:1A-3 (a), (a), N.j.S.A. N.j.S.A. 47:1A-1.1 47:1A-1.1 and and Executive Executive Order Order #9 for #9security for security and criminal and criminal investigatory investigatory d cerLificdtioliand reasons needs reasons needsfurther further clarification. clarification. The The custodian custodian of records of records Is toIs provide to provide cerLificdtioliand supporting supporting Information Information as to asthe to the specific reason reasonthese theserecords records should should bebe considered considered ",..criminal ",..criminal investigatory investigatory records..." records..." and a and security a security risk andrisk exempt and exempt from from disclosure or disclosure orappropriate appropriate redactions, redactions, pursuant pursuant to N.J.S.A, to N.J.S.A, 47:1A-1 47:1A-1 et seq. et The seq. custodian The custodian of records of records is to provide is to provide definitive definitive statements and statements andsupporting supporting Information Information explaining explaining the reasons the reasons the records the records are exempt. are exempt. The custodian The custodian of records of records is to provide is to the provide the certification to certification tothe theExecutive Executive Director Director within within fifteen fifteen (15) (15) days days from from the receipt the receipt of the ofInterim the Interim Decision. Decision. The custodian's custodian'scounsel counselcontends contends thethe invoices invoices of of "unpaid "unpaid outside outside work work for 2003" for 2003" were were submitted submitted as supplemental as supplemental information information to to 3. The the GRC. the GRC.The Thecustodian custodian ofof records records is to is to provide provide a certification a certification as toasthe torecords the records that are that responsive are responsive to this request to this request and certify and certify that all that allrecords recordsresponsive responsive toto this this request, request, with with exceptions exceptions provided provided under under OPRA, OPRA, were disclosed were disclosed to the to complainant. the complainant. The The custodian of custodian ofrecords recordsisistotoprovide provide thethe certification certification to the to the Executive Executive Director Director within within fifteen fifteen (15) days (15) from days the from receipt the receipt of the Interim of the Interim Decision. The custodian's custodian'scounsel counselasserts asserts that that vehicle vehicle assignments assignments are are not disclosabie not disclosabie for security for security and surveillance and surveillance reasonsreasons pursuant pursuant to to 4. The 47:1A-3 (a), (a), The The custodian custodianofofrecord record is is toto provide provide a certification a certification withwith supporting supporting information information that that N.1.5.A 47:1A-1.1 and and explains why explains why the thevehicle vehicleassignments assignments should should bebe exempt exempt from from disclosure disclosure on the on basis the basis of security of security issues issues underunder OPRA. OPRA. The The custodian of custodian ofrecords recordsIsIstoto provide provide thethe certification certification to the to the Executive Executive Director Director within within fifteen fifteen (15) days (15) from days the from receipt the receipt of the Interim of the Interim Decision. Interim Decision Interim DecisionRendered Rendered byby the the GovernmentRecords Government RecordsCouncil Council On The On The 13th 13thDay Dayof ofMay, May,2004 2004 Vincent P. Vincent P. Maltese, Maltese,Chairman Chairman GovernmentRecords Government RecordsCouncil Council I attest attestthe theforegoing foregoingisisa atrue true and and accurate accurate record record of the of Government the Government Records Records Council. Council. Virginia Hook, Virginia Hook,Secretary Secretary Government Records Government RecordsCouncil Council Return to Return toTop Top Findings and Findings andRecommendations Recommendations ofof thethe Executive Executive Director Director Gerald Weimer Gerald Weimer Complainant Complainant v. Township of Township of Middletown Middletown Custodianof Custodian ofRecords Records

GRC Complaint GRC ComplaintNo. No.2004-22 2004-22

Relevant Records Relevant RecordsRequested: Requested: payroll records recordsfor forcurrently currently employed employed patrolmen. patrolmen. Records Records should should start start at date atof date hireof and hire should and should include include each year each until year until 1. All payroll December 31, December 31, 2003. 2003. Copy of of outside outsidework workcards cards (green (green cards), cards), overtime overtime cards cards (yellow (yellow cards), cards), submitted submitted by Lt.by Lenge Lt. Lenge for thefor year theofyear 2003; of 2003; 2. Copy attendance record attendance record for for Lt.Lt. Lenge Lenge forfor 2003 2003 to Include to Include all days all days present, present, vacation, vacation, comp. comp. time and timepersonal and personal time used; timedaily used; work daily work sheets for sheets for 2003; 2003;payroll payrollrecord record forfor 2003 2003 forfor Lt,Lt, Lenge. Lenge. List of of all all unpaid unpaidoutside outsidejobs jobs from from June June 1, 2003 1, 2003 to December to December 31, 31, 2003. 2003. Including Including name name of contractor, of contractor, name name of officer, of officer, who who 3. List worked the worked thejob, job,number number ofof hours hours worked, worked, andand amount amount of money of money owe;owe; amount amount of money of money in outside in outside work account; work account; amountamount of of money in money in account accountused usedtotopurchase purchase cars. cars. Copy of of all all vehicle vehicle assignment assignmentsheets sheetsfor for the the year year 2003, 2003, January January 1, 2003 1, 2003 through through December December 31, 2003 31, 2003 for all for shifts. all shifts. 4. Copy December 31, 31, 2003 2003 (three (threerequests), requests), January January 13,13, 2003 2003 (one (one request), request), January January 22, 2003 22, 2003 (clarification (clarification of theof four the four Request Made: Request Made: December requestsper requests perthe thecustodian's custodian's response) response) Response Made: Response Made: January January 14, 14,2003 2003 Crowley, Township TownshipClerk Clerk Custodian: Rose Crowley, Custodian: March 11, 11,2004 2004 GRC Complaint GRC ComplaintFiled: Filed: March Executive D Executive D ire irector'S_Re ctor'S_ReCO COrnrn mm enda enda tioni tioni This Open This OpenPublic PublicRecords Records Act Act ("OPRA") ("OPRA") complaint complaint alleges alleges a denial a denial of access of access regarding regarding four requests four requests to the Township to the Township of Middletown. of Middletown. The The complainant isisseeking complainant seekingvarious various records records from from thethe Middletown Middletown Township Township Police Police Department, Department, including including payrollpayroll information, information, outside outside work work contracts, vehicle contracts, vehicleassignment assignmentinformation information andand specific specific payroll payroll Information Information regarding regarding a Lt. Lenge.. a Lt. Lenge.. The complainant The complainantalleges allegeshehefiled filed three three OPRA OPRA requests requests with with the the Township Township of Middletown of Middletown on December on December 31, 2003. 31, 2003. In the In first the request, first request, the the complainant was complainant wasseeking seekingpayroll payroll records records forfor patrolmen patrolmen since since theirtheir date date of hire of through hire through December December 31, 2003. 31,The 2003. second The second request request was for was for work cards, work cards,overtime overtimecards, cards, attendance attendance records records for Lt. for Lenge Lt. Lenge for 2003, for 2003, dailydaily workwork sheetssheets for 2003, for 2003, and payroll and payroll recordsrecords for 2003for for2003 Lt. for Lt. Lenge. The Lenge. The third thirdrequest request was was forfor a list a list of of unpaid unpaid outside outside jobsjobs fromfrom JuneJune 1, 2003 1, 2003 through through December December 31, 2003, 31, name 2003, of name contractors, of contractors, name of name of officer, officer,person personwho whoworked worked the the job, job, number number of hours of hours worked, worked, amount amount of money of money owed,owed, amount amount of money of money in outside in outside work work account and account andamount amount ofof money money inin account account used used to purchase to purchase cars.cars. On January On January 13, 2004, 13, 2004, the complainant the complainant filed the filed fourth theOPRA fourthrequest OPRA request for copies for copies of of all all vehicle vehicleassignment assignmentsheets sheets for for the the year year 2003 2003 (January (January 1, 2003 1, 2003 — December — December 31, 2003) 31, 2003) for all forshifts. all shifts.

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The custodian's counsel addresses all four OPRA requests in a letter dated January 14, 2004, in which the custodian requested clarification of the requests. The custodian's counsel claims that the request regarding "all payroll records" needs to be defined by the complainant and that disclosable information would include the individual's name and amount paid as it reflects on the Individual's W-2 form. In addition, the custodian's counsel seeks specific names of the individual's in which payroll information is sought and asserts that a special service charge will be applicable because the records are either in storage, are too voluminous or are no longer retained. Regarding the second request, dated December 31, 2003, the custodian's counsel alleges that specific work schedule information pertaining to Lt, Lenge is confidential per the Government Records Council ("GRC"). According to the custodian's counsel, the third request, dated December 31, 2003, cannot be addressed because the employee responsible for scheduling outside work contracts has been on leave for several weeks, however, the custodian's counsel asserts that he will be in contact with the employee and respond to the complainant within two weeks. The custodian's counsel also claims that the January 13, 2004 OPRA request, the fourth request, is currently being reviewed and the complainant will receive a response within two weeks. The custodian's counsel submitted to the GRC, in the Statement of Information, two invoices for "unpaid outside work." Further, the custodian's counsel asserts in the Statement of Information, that as of January 13, 2004, the complainant did not respond to the request for clarification and that he believed the request to have been retracted. On January 22, 2004, however, the complainant claims that correspondence was sent to the custodian's counsel in an attempt to clarify the original requests. The complainant includes five separate requests for records. In reference to the first request for "all payroll records," the complainant alleges that the records requested should include "each employees base or regular salary for each calendar year employed," as well as, "any stipends, educational incentives and longevity." The complainant specifies, In reference to the second OPRA request, that he requests "all overtime cards," which "should include all overtime, comp-time and outside work cards." In reference to the third OPRA request, the complainant seeks access to "all daily work sheets for 2003," which "are forms that include every police employee's daily assignment, attendance and any overtime worked." Additionally, the complainant seeks information pertaining to "all officer in charge (OIC) daily reports for 2003," which "are the daily reports prepared by the OIC for every shift." The OIC records were not included in the original OPRA request. The last request made by the complainant included "a detailed record of all unpaid outside work for 2003," which "should include the officer who worked detail and the corporation/person responsible for payment." The complainant acknowledges that the requested information is voluminous and claims to have made arrangements to have a copy machine brought into the Municipal complex when the records are made available. As a rebuttal to the Statement of Information submitted by the custodian's counsel on April 15, 2004, the complainant submitted supplemental information to the GRC. The complainant disputes that the custodian's counsel did not receive a response to the January 14, 2004 request for clarification. The complainant asserts that a letter dated January 22, 2004 was sent to the custodian's counsel by facsimile and US mail and in support of his argument, submits a facsimile activity report. The complainant also claims that the custodian's counsel verbally confirmed the receipt of the letter on tape in the union negotiations of February 2, 2004, which are in the process of being transcribed. The Executive Director respectfully recommends the following: 1. The Council should order the custodian to respond to the complainant's letter dated January 22, 2004, which will be forwarded to the custodian by the GRC staff, pursuant to N.J.S.A. 47:1A-1.1 et seq. The Council should direct the custodian to comply with the order within five (5) business days from the receipt of the Interim Decision and notification of this should be provided to the Executive Director. 2. The argument provided by the custodian's counsel that records pertaining to work cards, overtime cards and attendance records are not disclosable pursuant to N 3 S.A 47:1A-3 (a), N.J.S.A, 47:1A-1,1 and Executive Order #9 for security and criminal investigatory reasons needs further clarification. The Council should order the custodian to provide a certification as to the specific reason these records should be considered "...criminal investigatory records..." and exempt from disclosure or should contain appropriate redactions, pursuant to N.).S.A, 47:1A-1.1 et seq, The custodian should provide definitive statements explaining the reasons the records are exempt. The Council should order the custodian to comply with the request for a certification within five (5) business days from the receipt of the order, 3. Based upon the Statement of Information submitted by the custodian's counsel, the invoices of "unpaid outside work for 2003" were submitted as supplemental information to the CRC. The Council should order the custodian to provide a certification as to the records that are responsive to this request and certify that all records responsive to this request, with exceptions provided under OPRA, were disclosed to the complainant. The Council should order the custodian to comply with the certification within five (5) business days from the receipt of the order. 4. The custodian's counsel argues that vehicle assignments are not disclosable for security and surveillance reasons pursuant to N,3,$,& 47:1A-1.1 and N.a.S.k 47:1A-3 (a). The Council should order the custodian to provide further explanation as to the relationship between vehicle assignments and security and surveillance techniques. The Council should order the custodian to comply with the certification within five (5) business days from the receipt of the order. Legal Analysis The custodian's counsel maintains that the complainant did not respond to the request for clarification regarding the four OPRA requests. The complainant, however, has provided the GRC with the correspondence, dated January 22, 2D04, clarifying the Information, which has not been addressed by the custodian's counsel. In order to determine if the clarification provides the custodian with the appropriate information to fulfill the request, the custodian should review the correspondence and have the opportunity to respond to the complainant, pursuant to N.J.S.A. 47:1A-1.1 et seq. The custodian's counsel poses the argument that work cards, overtime cards and attendance records are not disclosable under N.J.S,A. 47:1A-3 (a), N,J,S.A. 47:1A-1.1 and Executive Order #9 for security and criminal investigatory reasons. The custodian's counsel is vague in stating that "it appears" the information is not disclosable and that the records "implicate exemptions" from disclosure. To determine If the records are, in fact, not disclosable, the custodian should provide a definitive explanation as to the reasons that the exemption of security and criminal Investigations should be considered or if the records in question should be redacted appropriately, pursuant to 47:1A-1.1 et seq.

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The custodian's The custodian'scounsel counseladdresses addresses thethe issue issue of of "unpaid "unpaid outside outside work work for 2003" for 2003" by attaching by attaching two (2) two invoices (2) invoices that were thatnot were collected not collected and and stated that stated thatthe thecomplainant complainant was was "presumably" "presumably" aware aware of theofinvoices, the invoices, The custodian, The custodian, however, however, did notdid address not address If the complainant If the complainant received received all the the records recordsresponsive responsive toto the the request, request, butbut makes makes an assumption an assumption that the thatcomplainant the complainant is aware is aware of the records. of the records. To determine To determine if the if the custodian's counsel custodian's counselresponded responded to to thethe request, request, further further explanation explanation is needed, is needed, The custodian's The custodian's counsel counsel should should certify to certify the records to the the records the complainant did complainant didreceive receiveand and if if any any other other records records "...made, "...made, maintained maintained and kept andon kept file..." on file..." are responsive are responsive to the request, to the request, pursuant pursuant to 111.5,A to 47:1A-1.1. and 47:1A-3 47:1A-3(a) (a)in in The custodian's The custodian'scounsel counselposes poses the the argument argument thatthat vehicle vehicle assignment assignment records records are exempt are exempt under under N N 47:1A-1.1 and that disclosure that disclosureofofthe therecords records could could jeopardize jeopardize surveillance surveillance techniques techniques and criminal and criminal investigations. investigations. The correlation The correlation betweenbetween vehicle vehicle assignments, surveillance assignments, surveillancetechniques techniques and and criminal criminal Investigations Investigations requires requires further further explanation explanation from the from custodian's the custodian's counsel.counsel. The certification The certification should Include should Includethe thereasons reasons the the records records areare exempt exempt from from disclosure disclosure and or and redactions or redactions made. made. Doc ume ume nt ntsit e vie wed wed The following The following documents documentswere werereviewed reviewed inin preparing preparing thethe Findings Findings and and Recommendations Recommendations for this forcase: this case: December 31, 31, 2003 2003 -- Complainant's Complainant's three three original original OPRA OPRA requests requests to custodian to custodian • December January 13, 13,2004 2004- -Complainant's Complainant's fourth fourth OPRA OPRA request request to custodian to custodian • January January 14, 14,2004 2004- -Custodian's Custodian's response response to four to four OPRA OPRA requests requests • January January 22, 22,2004 2004- -Complainant's Complainant's letter letter to custodian's to custodian's counsel counsel clarifying clarifying OPRA OPRA requests requests • January • March March 11, 11,2004 2004--Denial Denialof ofAccess AccessComplaint Complaint March 15, 15,2004 2004--Offer OfferofofMediation Mediation sent sent to to complainant complainant andand custodian custodian • March March 25, 25,2004 2004--GRC GRCrequest request for for Statement Statement of Information of Information • March April 15, 15, 2004 2004 -- Statement StatementofofInformation Information && supplemental supplemental information information • April April 20, 20, 2004 2004 -- Complainant's Complainant's supplemental supplemental information information ■ April

Paul F. Paul F. Dice Dice Executive Director Executive Director Government Records Government RecordsCouncil Council May 7, May 7, 2004 2004

ContactUs Contact UsIIPrivacy PrivacyNotice NoticeI Legal I Legal Statement Statement I Accessibility I Accessibility Statement Statement ," ," Home II About Home AboutGRC GRCI IGRC GRC Meetings Meetings && OPRA OPRA Training Training Schedule Schedule I GRC I GRC PriorPrior Decisions Decisions I OPRA, I OPRA, Advisory Advisory Opinion Opinion & Other &Laws OtherI Laws OPRA for OPRA forthe thePublic PublicI IRegister Register a Denial a Denial of of Access Access Complaint Complaint I OPRA I OPRA for Records for Records Custodians Custodians I GRCI GRC Mediation Mediation I OPRA I OPRA Inquiries Inquiries & & CRC News CRC News Service Service Statewide: NJ Statewide: NJHome HomeI IServices Services AA toto ZZ I Departments/Agencies I Departments/Agencies I FAQs I FAQs GRC: GRC:

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EXHIBIT 3

New Jersey Second Amendment Soc. v. Division of State..., Not Reported in A.3d...

2015 WL 2236464 2015 WL 2236464 Only the Westlaw citation is currently available. UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. Superior Court of New Jersey, Appellate Division. NEW JERSEY SECOND AMENDMENT SOCIETY, Plaintiff-Appellant, v.

"government records" unless they are "exempt from such access by ... regulation promulgated under the authority of any statute or Executive Order of the Governor[,]" or by "Executive Order of the Governor." N.J.S.A. 47:1A-1; see also N.J.S.A. 47:1A-9 (extending pre-OPRA exemptions provided on the same bases to any "public record or government record"). OPRA further exempts from its definition of government records certain "information ... deemed to be confidential," including "security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons, property, electronic data or software." N .J.S.A. 47:1A-1.1.

DIVISION OF STATE POLICE OF THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, Defendant-Respondent. In re Adoption of N.J.A.C. 13:1E-3. Argued Feb. 24, 2015. Decided May 14, 2015. On appeal from the Superior Court of New Jersey, Law Division, Mercer County, Docket No. L-1143-11 (A2103-11) and from the Office of Law and Public Safety (A-2396-11). Attorneys and Law Firms

In response to our decision in Slaughter v. Government Records Council, 413 1V.J.S'uper. 544 (App.Div.2010), certif denied, 208 N.J. 372 (2011), the Department of Law and Public Safety (LPS) promulgated N.J.A.C. 13:1E3,2(a) (the Regulation), which designated certain records of the New Jersey State Police (NJSP) as confidential and exempt from disclosure under OPRA. 1 42 N.J.R. 2569(a) (Nov. 1, 2010). The Regulation provided in pertinent part that, as used in OPRA, "government records" did not include:

1. Standard Operating Procedures and training materials;

Richard Gutman argued the cause for appellant New Jersey Second Amendment Society (A-2103-11). 3. Records which may reveal ... an agency's surveillance, security or investigative techniques or procedures or undercover personnel;

Janie Byalik argued the cause for appellant American Civil Liberties Union of New Jersey (A-2396-11) (Pashman Stein, P.C., attorneys; Dennis T. Smith and Ms. Byalik, on the brief). Daniel M. Vannella, Deputy Attorney General, argued the cause for respondent Division of State Police of the New Jersey Department of Law and Public Safety (John J. Hoffman, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel and on the brief; Justin L. Conforti, Deputy Attorney General, on the brief).

7. The duty assignment of an individual law enforcement officer or any personally identifiable information that may reveal or lead to information that may reveal such duty assignment, including, but not limited to, overtime data pertaining to an individual law enforcement officer.

[Aid] Before Judges MESSANO, OSTRER and HAYDEN. Opinion PER CURIAM. *1 The Open Public Records Act (OPRA), 47:1A-1 to -13, generally provides for ready access to

LAVV

01 /

Governor Chris Christie, in turn, issued Executive Order No. 47 (E047), which implemented the proposed Regulation pending final adoption. 42 N.J.R. 2830(a) (Dec. 6, 2010). On March 14, 2011, Robert Barush, on behalf of plaintiff New Jersey Second Amendment Society (the Society),

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Gov6;rorneIt VVorkS.

New Jersey Second Amendment Soc. v. Division of State..., Not Reported in A.3d...

2015 WL 2236464 served a request upon NJSP for "the most recent guide ... prepared by [NJSP] Firearms Investigation Unit [ (FIU) ] to help ensure that firearm regulations ... are enforced in a standardized manner by municipal police departments." Citing OPRA's exemption for "Security Measures or Surveillance Techniques," N.J.S.A. 47:1A-1, E047, and the proposed Regulation, NJSP denied the request. On April 25, 2011, the Society filed a verified complaint and order to show cause seeking access to the records or compelling their production in redacted form pursuant to OPRA and the common law.

L. Williams of the FIU. Williams stated that release of the Guide would be detrimental to public safety because it would reveal internal security related and investigative operating procedures and techniques law enforcement officers undertake, and do not undertake, how they should be conducted, what databases or other informational sources are consulted, what standards may or may not apply, how to deal with personal references given by the applicant, what medical information may be pertinent and/or needs to be pursued through more intensive follow up or investigation, other background sources that must be contacted and what should be discussed in person with the applicant at the time application is made, in reviewing firearms related applications and conducting background investigations.

NJSP filed opposition, including the certification of Lieutenant David B. Schlueter of the FIU. Schlueter stated that the Firearms Applicant Investigation Guide (the Guide) was created expressly "for law enforcement" "to aid [NJSP] and municipal police departments in the investigation of firearms-related applications and in enforcing ... firearms regulations in a uniform and standardized manner.... It was never intended for public release ." Additionally, Schlueter certified that the Guide contained "security and investigative techniques and procedures," the release of which would be detrimental to public safety in that it would reveal internal operating procedures that law enforcement officers undertake, and what they do not undertake, in reviewing firearmsrelated applications and conducting background investigations. The public release of this information would provide criminal-minded individuals with undue insight into the process that could be taken advantage of to unlawfully procure firearms. *2

After reviewing the Guide in camera and considering oral argument, the judge denied the order to show cause and dismissed the Society's complaint by order dated December 2, 2011. The proposed Regulation became effective December 5, 2011. 43 N.J.R. 3188(b). The Society filed its notice of appeal on January 4, 2012.

NJSP argued that the Guide was an SOP, exempt from disclosure under OPRA pursuant to the proposed Regulation and E047. It also argued that the Society's interest in disclosure under the common law right to know was outweighed by public safety interests favoring nondisclosure. We gather from the record that the Law Division judge requested a more specific certification from NJSP, and a supplemental certification was filed by Lieutenant Darryl

r.E , 201:

;‘

On January 19, 2012, the American Civil Liberties Union of New Jersey (ACLU) filed a notice of appeal contending that the Regulation violated OPRA and the New Jersey Constitution's separation of powers. We consolidated the appeals. Tn 2013, citing both pending appeals, LPS proposed amendments to the Regulation. See 45 N.J.R. 2023(a) (Sept. 3, 2013). Tn its summary, LPS stated that paragraph .41) of the Regulation "d[id] not clearly express the purpose for which it was promulgated-to serve the public interest in protecting the confidentiality of [LPS's] law enforcement and legal services functions." Ibid. The Regulation would be amended

to orig,nal

(3,ovi-E:rn

2

New Jersey Second Amendment Soc. v. Division of State..., Not Reported in A.3d... 2015 WL 2236464 duty assignment, including, but not limited to, overtime

to clarify that not all [LPS] standard operating procedures and training materials are considered confidential. [LPS] proposes to provide confidentiality

data pertaining to an individual lair enforcement officer. [N.J. A. C.

13:1E-3.2(a) (emphasis added).]

for records, including standard operating procedures,

and training materials, which mat' reveal ... an agency's investigative, surveillance, security, tactical, or operational techniques, measures, or procedures, which, if disclosed, would create a risk to the safety of persons, property, electronic data, or software, or compromise an agency's ability to effectively conduct investigations.... This provision is to be narrowly construed to prevent disclosure of information that could risk jeopardizing safety or compromising the ability to conduct investigations. For example, the provision covers records, such as the standard operating procedure for investigation of firearms applications....

manuals

*3 [Id at 7071-7.4 ] LPS proposed no amendment to N. A. C. 13:1E-3.2(a)(7) (section 7), and no specific comments were made regarding that subsection of the Regulation. Id. at 2024. However, addressing other proposed changes, LPS stated that the Regulation "[was] not intended to make confidential any record concerning a public employee, which is currently accessible to the public as set forth in N.J.S.A. 47:1A10." 2 Ibid. The Regulation now provides: [T]he following records shall not be considered government records subject to public access pursuant to [OPRA]:

2. Records, including

agency's surveillance, security, tactical, investigative, or operational techniques, measures, or procedures, which, if disclosed, would create a risk to the safety of persons, property, electronic data, or

soji ware,

or compromise an

agency's ability to effectively conduct investigations;

7. The duty assignment of an individual law enforcement officer or any personally identifiable information that

VVESTL. Ms!

In its supplemental brief, the Society argues that its appeal is not moot since it was wrongfully denied access to the Guide, and the Regulation as amended does not justify the Guide's continued exemption from production. The Society also argues no remand to the Law Division is necessary. NJSP agrees that the Society's appeal is not moot as a result of the amended Regulation. It argues, however, that the Guide "continues to be exempt under the new [R]egulation," specifically N.J.A. C. 13:1E-3.2(a)(2), and OPRA's exemption for "security measures or surveillance techniques which, if disclosed," would pose risks. N.J. S. 47:1A-1.1. Following oral argument, we requested and received the Guide for our in camera review. ACLU and NJSP consented to the withdrawal of all points raised by ACLU's appeal, save its challenge to section 7. Over NJSP's objection, we subsequently granted ACLU's motion to supplement the record to include a certification from Harry B. Scheeler, Jr., a self-professed "government activist," detailing responses he received from NJSP to OPRA requests made in 2014 and attaching what was furnished by the agency. It suffices to say that the responses from NJSP contain substantial redactions, including the names of all NJSP personnel.

standard operating procedures,

manuals, and training materials, that may reveal ... an

may reveal

We granted the Society's motion to file supplemental briefs regarding the effect of the amended Regulation on the points raised on appeal and invited all parties to address the issue.

or lead to information that may reveal such

ACLU argues that section 7 is overly broad and is demonstrably being used improperly to deny public access to government records. NJSP argues that section 7 is consistent with OPRA's "mandate to withhold government records in the public's interest," and reflects "a permissible exercise of [LPS's] rulemaking authority." *4 Having now considered the arguments in light of the record and applicable legal standards, we reverse the Law Division's order that dismissed the Society's complaint and remand for further proceedings consistent with this opinion. We deny ACLU's challenge to section 7 of the Regulation. We address the Society's appeal first.

20'17 Thomson Reuters. Na claim to original 1J 8. Government Works.

New Jersey Second Amendment Soc. v. Division of State..., Not Reported in A.3d...

2015 WL 2236464 quotation marks omitted). "In other words, the party requesting documents must explain why he seeks access to the requested documents." Ibid. (emphasis added).

The Society's Appeal (A-2103-11) The Law Division judge found that the Guide was part of an SOP, therefore exempt from OPRA pursuant to subsection a(1) of the Regulation as it then existed. He also considered whether the Society was entitled to access under the common law by applying the balancing test set forth in Loigman v. Kimmelman, 102 N.J. 98, 113 (1986). Relying in large part upon the certification of Lieutenant Williams, the judge concluded that, although some of the information in the Guide was public knowledge, i.e., contained in statutes or firearms application forms, disclosure of the "total document" was not warranted. The judge reasoned that the need to keep the Guide confidential outweighed the Society's interest, noting release of the Guide "would indicate the methodology that the State Police go[ ] through.... [I]t could compromise the investigative procedures that are used in determining whether a firearm should be issued or not." The judge further stated that the Society's "interest or need to get the entire document" was reduced since some of the information in the Guide was "already public."

We think a remand is required for another reason. We have conducted our own in camera review of the Guide, focused primarily on whether the judge correctly concluded that the entire Guide was exempt from production, even though he acknowledged much of its contents were in the public domain.

As noted, when the Society's request for the Guide was made, the Regulation exempted from OPRA's definition of a government record all "Standard Operating Procedures and training materials." N.J. A. C. 13:1E3.2(a)(1) (2010). We would agree that the Guide is part and parcel of NJSP's SOP regarding the investigation of firearms applications.

We understand that when the judge considered the issue, NJSP took the position and the judge agreed that, pursuant to the Regulation, all SOPs were not government records under OPRA. Now, however, the Regulation no longer exempts all SOPs; it only exempts SOPs to the extent disclosure adversely impacts the concerns raised in section a(2) of the Regulation.

However, the Regulation now limits the scope of this exemption to SOPs "that may reveal ... surveillance, security, tactical, investigative, or operational techniques, measures, or procedures, which, if disclosed, would create a risk to the safety of persons, property, electronic data, or software, or compromise an agency's ability to effectively conduct investigations." N.J.A.C. 13:1E-3.2(a) (2). The Law Division judge may have implicitly reached a determination that the Guide met this criteria. However, if he made such a determination, he did so in the context of the Society's common law right to access, which obligated him to balance consideration of certain factors.

Whenever a government agency asserts an exemption, OPRA clearly favors the production of redacted government records. N.J. S. A. 47:1A-5(g); see also Burnett v. Cnty. of Bergen, 198 N.J. 408, 437 (2009) (permitting redaction of social security numbers from requested land title records). Redaction is also favored when access is sought under the common law right to know. See, e.g.. S. Jersey Pub. Co. v. N.J. Expressway Auth., 124 N.J. 478, 488-89 (1991).

As the Court recently reiterated, "[u]nlike OPRA, a person seeking public documents pursuant to the common law right of access must be balanced against the State's interest in preventing disclosure." O'Boyle v. Borough 0.1 Longport, 218 N.J. 168, 196 (2014) (citations and

*5 We therefore disagree with the Society and LPS, both of which argued a remand was not necessary. We believe that in light of the change to section a(1) of the Regulation, a remand is both appropriate and necessary so that the judge may consider, without respect to any showing of particularized need, whether production of the Guide "may reveal ... surveillance, security, tactical, investigative, or operational techniques, measures, or procedures, which, if disclosed, would create a risk to the safety of persons, property, electronic data, or software, or compromise an agency's ability to effectively conduct investigations." N.J. A. C. 13:1E-3.2(a)(2).

In sum, we reverse the order under review and remand the matter to the trial court, which shall conduct a hearing to consider whether section a(2) of the Regulation applies to exempt the Guide from OPRA's definition of a government record and whether the Guide should be produced in redacted form. We do not retain jurisdiction.

Dngw,E.if,

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New Jersey Second Amendment Soc. v. Division of State..., Not Reported in A.3d...

2015 WL 2236464 ACLUs Appeal (A-2396-11) ACLU objected to section 7 when the Regulation was first proposed in 2010. See 43 N.J.R. 3188(b). Citing N.J.S.A. 47:1A-10, ACLU argued that the proposed rule "appears to exempt information that OPRA specifically mandates be made public," including "overtime information." Id. at 3190. Further, ACLU contended "there [was] no justification for a blanket exemption of the identities or duty assignments of law enforcement officers" because OPRA already permitted information to be withheld when "disclosure would jeopardize the safety of any person or investigation in progress," and the statute protected from disclosure the identity of "undercover officers and others whose identity must remain confidential." Ibid. Other commentators, including Barush, objected to the Regulation's use of the word "may" because it was "too broad and vague." Ibid. *6 In response, LPS noted that "[g]eneral overtime information is made available to the public, but individual information could be used to determine a particular assignment or investigative activity that would put lives at tisk." Ibid. LPS declined to amend the proposed rule. ACLU's comments to the proposed 2014 amendment were generally laudatory, see 46 N.J.R. 627(c) (Apr. 7, 2014); however, it continued the objection previously made regarding section 7. Id. at 628. ACLU asserted that section 7 "should be deleted altogether because withholding access to the duty assignments and overtime data of all officers [ ] cannot be justified when more limited exemptions that would serve the public interest are available and ... are already in place." Ibid LPS reiterated its previous response and declined any further action. Ibid. In reviewing a challenge to properly adopted agency

regulations, we "begin [ ] with a presumption that the regulations are both 'valid and reasonable.' " N.J. A ssn of Adm'rs v. Schundler, 211 N.J. 535, 548 (2012) (quoting N.J. S'oc'y ,fir the Prevention of Cruelty to Animals v. N.J. Dept. of Agric., 196 N.J. 366, 385 (2008) (SPCA)). The party challenging the regulation bears the "burden of proving that the agency's action was 'arbitrary, capricious or unreasonable.' " Ibid. (quoting Henry v. Rahway State Prison, 81 N.J. 571, 579-80 (1980)). That means an appellate court generally will not reverse an agency action, including its action in promulgating regulations, unless: ( 1) the regulations at issue "violate[ J the

'eV E S LAV.)

j

ilomsorl keuter=3, No cioin

enabling act's express or implied legislative policies; " or (2) "there is [not] substantial evidence in the record to support the findings on which the agency based its action;" or (3) "in applying the legislative policies to the facts the agency clearly erred by reaching a conclusion that could not reasonably have been made upon a showing of the relevant factors." [SPCA, supra, 196 N.J. at 385 (alterations in original) (emphasis added) (quoting In re Petition for Rulemaking, N.J.A.C. 10:82-1.2 & 10:85-4.1, 117 N.J. 311, 325 (1989)).] "Courts afford an agency 'great deference' in reviewing its `interpretation of statutes within its scope of authority and its adoption of rules implementing' the laws for which it is responsible ." Schundler, supra, 211 N.J. at 549 (quoting SPCA, supra, 196 N.J. at 385). "Although a reviewing court should not substitute its judgment for an agency's, courts must invalidate a regulation that is inconsistent with the statute it purports to interpret." Ibid. (quotation marks and citations omitted). "[A]ny regulation exceeding the agency's grant of authority from the Legislature is considered ultra vires, [but] such a finding 'is strongly disfavored, and is made only in exceptional circumstances.' " Gonzalez v. N.J. Prop. Liab. Ins. Guar. Ass'n, 412 N.J. Super . 406, 417 (App.Div.2010) (quoting In re Route 206 at New Aniwell Rd, 322 N.J. Super. 345, 352 (App.Div.), certif. denied, 162 N.J. 197 (1999)). Applying these well-accepted standards of review, we reject ACLU's challenge to section 7. *7 "OPRA itself makes plain that 'the public's right of access [is] not absolute.' " Kovalcik v. Somerset Cnty. Prosecutor's Office, 206 N.J. 581, 588 (2011) (alteration in original) (quoting Educ. Lou' Ctr. v. N.J. Dept of Educ., 198 N.J. 274, 284 (2009)). Some government records are exempt from disclosure "for the protection of the public interest." N.J. S. A . 47:1A-1. Moreover, otherwise accessible government records are exempt from production if required by any "regulation promulgated under the authority of any ... Executive Order." Ibid. ACLU argues that section 7 does not advance a public interest and conflicts with accessibility to personnel records as provided by N -IS. A. 47: I A-10. We disagree. Taking the arguments in reverse order, the Court has said that N.J.S.A. 47:1A-10 reflects the Legislature's

C3oveiTlinei',L

New Jersey Second Amendment Soc. v. Division of State..., Not Reported in A.3d... 2015 WL 2236464

determination "that personnel records are, by definition, not classified as government records at all; any document that qualifies as a personnel record is therefore not subject to being disclosed notwithstanding the other provisions of the statute." Kovalcik, supra, 206 N.J. at 592. A "personnel record" is "subject to disclosure" "if, and only if, [it] ... fits within one of the three exceptions to the general exemption for personnel records." Ibid. As noted, one such exception provides 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." N.J. S. A. 47:1 A-10. We have no doubt that a request for the duty assignments of law enforcement officers would fall squarely within OPRA's general exemption for personnel records, See, e.g., Kovaleik, supra, 206 N.J. at 593 (holding that detective's record of pre-employment training and education was a personnel record under OPRA); N. Jersey Media Grp. v. Bergen Cnty. Prosecutor's Office, 405 N.J.Super. 386, 389 (App.Div.2009) (concluding that requests by employees of prosecutor's office for approval of outside employment were personnel records for purposes of OPRA). To the extent that section 7 permits non-disclosure of duty assignments, there is no inconsistency between the Regulation and the statute. In other words, section 7 in no way restricts a requestor's ability to obtain a law enforcement officer's "name, title, position, salary, payroll record, length of service, date of separation and the reason therefore, and the amount and type of any pension received." N.J.S. A. 47:1A-10. Such information would likely indicate the amount of overtime compensation the officer received. Moreover, OPRA provides that "[i]mmediate access ordinarily shall be granted to budgets, bills, vouchers, contracts, ... and public employee salary and overtime information." N.J.S. A. 47:1A-5(c) (emphasis added). Section 7 would not exempt overtime information unless it might reveal a particular officer's duty assignment. Although the issue is not before us, we caution NJSP

against the use of section 7 to improperly deny public access to overtime information because that would clearly subvert the express language of OPRA. *8 We also agree that exempting the duty assignments of law enforcement officers from disclosure is consistent with the officers' protection and that of the public. N.J.S.A. 47:1A-1. We have already recognized "[t]he sad fact of the twenty-first century [ ] that many law enforcement employees are at risk by virtue of their jobs." N. Jersey Media, supra, 405 N../. Super. at 391. The potential "dangers inherent" in requiring the NJSP to disclose the actual duty assignments of State troopers, e.g., who and how many provide security to public leaders or public sites on a given day, are obvious. Ibid.

Lest our opinion in this regard be misconstrued, we hasten to add that the issue before us is limited to ACT:1.1's facial challenge to section 7, which we reject. ACLU argues that the documents supplied by Scheeler's certification demonstrate NJSP has applied section 7 in an overlybroad fashion, redacting basic information such as a trooper's name or badge number in records otherwise required to be disclosed. We do not reach the merits of that argument today, preferring instead to consider whether section 7 permits such wholesale redaction of information or, stated differently, whether NJSP's application of section 7 to a request for a government record was arbitrary, capricious and unreasonable in the context of a specific request for specific government records. 3 See, e.g., In re J.S., 431 N.J.Super. 321, 330 (App.Div.) (citation omitted) (describing standard of review of agency's application of its regulations) certif denied, 216 N.J. 365 (2013). We deny ACLU's challenge to the regulation.

All Citations

Not Reported in A.3d, 2015 WL 2236464

Footnotes Footnotes held that thatLPS LPScould couldnot not rely rely upon upon executive executive orders orders issued issued by Governor by Governor In Slaughter, supra, 413 N.J.Super. at 554-55, we held 1 McGreevey that McGreevey thatgave gavecontinued continued effect effect to the to the agency's agency's proposed proposed but unadopted but unadopted regulations regulations to denyto production deny production of an of an NJSP standard standardoperating operating procedures procedures (SOP) (SOP) manual. manual. WeWe delayed delayed the the effective effective date date of ourofdecision our decision so thatso LPS that could LPS could consider adoption consider adoptionofof regulations regulations exempting exempting the SOP the SOP fromfrom disclosure. disclosure. Id. at 555. Id. at 555.

WES

AVV

201

to () to ()

New Jersey Second Amendment Soc. v. Division of State..., Not Reported in A.3d... 2015 WL 2236464

2

3

N.J.S.A. 47:1A-10 47:1A-10 exempts exempts"personnel "personnel oror pension pension records" records" fromfrom disclosure disclosure underunder OPRA,OPRA, but provides, but provides, among other among other things,that things, that"an "anindividual's individual's name, name, title,title, position, position, salary, salary, payroll payroll record,record, length length of service, of service, date of separation date of separation and the reason and the reason therefor, and therefor, andthe theamount amount and and type type of of anyany pension pension received received shallshall be a be government a government record" record" and areand presumptively are presumptively subject subject to production to productionupon upon request. request. The record recordreveals revealsthat thatScheeler Scheeler has has already already filed filed complaints complaints with with the Government the Government Records Records CouncilCouncil regarding regarding some of some of the redacted the redactedrecords recordsthat that were were supplied. supplied.

End of End of Document Document

© 2017 Thomson Thomson Reuters. Reuters.No Noclaim claimtoto original original U.S. U.S. Government Government Works. Works.

WESTLAW © 2017 Thomson Thomson Reuters. Reuters.No Noclaim claim toto original original U.S. U.S. Government Government Works. Works.

7

EXHIBIT 4

PASHMAN PASHMAN STEIN STEINWALDER WALDERHAYDEN HAYDEN A Professional Professional Corporation Corporation Court. Court Plaza PlazaSouth South 21 Main Main Street, Street,Suite Suite200 200 Hackensack, NewJersey Jersey07601 07601 Hackensack, New (201) 488-8200 CJ GRIFFIN,ESQ. ESQ.(#031422009) (#031422009) CJ GRIFFIN, Attorneys forPlaintiff, Plaintiff, Attorneys for Libertarians Libertariansfor forTransparent Transparent Government, Government, a NJ NJ Nonprofit NonprofitCorporation Corporation

LIBERTARIANS FORTRANSPARENT TRANSPARENT LIBERTARIANS FOR GOVERNMENT, NJNONPROFIT NONPROFIT GOVERNMENT, AANJ CORPORATION, CORPORATION,

: SUPERIOR SUPERIOR COURT COURTOF OFNEW NEW JERSEY JERSEY : LAW LAW DIVISION: DIVISION:MERCER MERCER COUNTY COUNTY : DOCKET DOCKET NO: NO:MER-LMER-L-

Plaintiff, Plaintiff, v.

Civil Action Action CERTIFICATION CERTIFICATIONOF OFRICHARD RICHARD RIVERA RIVERA

NEW JERSEYSTATE STATEPOLICE POLICE and DAVID NEW JERSEY and DAVID : : ROBBINS in ROBBINS inhis hisofficial officialcapacity capacityasascustodian custodian of of : : records forthe theNew NewJersey JerseyState State Police, records for Police, Defendants. Defendants. I, Richard hereby certify certifyasasfollows: follows: RichardRivera, Rivera, hereby 1.

I submit submitthis thisCertification Certification support of Libertarians for Transparent inin support of Libertarians for Transparent

Government's Government's Order Order toto Show Show Cause. Cause. 2.

I frequently frequentlyfile filerequests requestsfor for government records pursuant the Open government records pursuant to thetoOpen PublicPublic

Records Act, Records Act,including includingrequests requests toto thethe New New Jersey Jersey State State Police. Police. 3.

I have have had hadaadifficult difficulttime timeobtaining obtaining records from State Police a timely records from the the State Police in a in timely

manner. In manner. Infact, fact,ininmy myexperience, experience, thethe agency agency rarely rarely responds responds to a to request a request withinwithin the statutorily the statutorily required sevenbusiness businessdays. days. required seven

4.

For For example, example,on onAugust August29, 29,2016, 2016,I Isubmitted submitted anan OPRA OPRA request request for the for State the State

Police's Police's Internal InternalIndex IndexFile. File. This This request request waswas assigned assigned tracking tracking number number W112846. W112846. The State The State Police did did not nottimely timelyrespond respondtotothe the request began sending me notifications request andand thenthen began sending me notifications that that extensions of time timewere wereneeded. needed.Eventually, Eventually, State Police responded to request my request extensions of thethe State Police responded to my on on November 17,2016—a 2016—atotal of 80 days later. (Ultimately, November 17, theState StatePolice Policeissued issueda adenial denial (Ultimately, the claiming thatthe theIndex IndexFile File was exempt, after I filed notified methey thatthey actually claiming that was exempt, butbut after I filed suit suit theythey notified me that actually did not not even evenhave havean anIndex IndexFile! File!That That matter, Docket MER-L-2593-16, settled.) matter, Docket No.:No.: MER-L-2593-16, settled.) 5.

On February February10, 10,2017, 2017,I Isubmitted submitted anan OPRA OPRA request request for the for State the State Police's Police's

Internal AffairsPolicy. Policy.The Therequest request was assigned tracking number W117804. Despite the fact Internal Affairs was assigned tracking number W117804. Despite the fact that this that thisisisaasingle record record that thatshould shouldbebereadily readily accessible, accessible, thethe State State Police Police tooktook repeated repeated extensions and and did didnot notproduce producethe thepolicy policyuntil untilApril April28, 28,2017 2017- a—total of 77 days later. I certify certify that thatthe theforegoing foregoingstatements statements made made by by me me are are true.true. I amIaware am aware that ifthat anyifofany the of the foregoing statements foregoing statementsmade madebybyme me areare willfully willfully false, false, I am I am subject subject to punishment. to punishment.

5 11c, 1-1 Richard Rivera Richard Rivera

2

EXHIBIT 5

PASHMAN STEIN PASHMAN STEINWALDER WALDERHAYDEN HAYDEN A Professional Professional Corporation Corporation CourtPlaza PlazaSouth South Court 21 Main Main Street, Street,Suite Suite200 200 Hackensack, New Jersey 07601 Hackensack, New Jersey 07601 (201) 488-8200 C,1GRIFFIN, GRIFFIN,ESQ. ESQ.(#031422009) (#031422009) Attorneys Attorneysfor forPlaintiff, Plaintiff, Libertarians Libertarians for forTransparent Transparent Government, Government, a NJ NJ Nonprofit NonprofitCorporation Corporation

LIBERTARIANS FORTRANSPARENT TRANSPARENT LIBERTARIANS FOR GOVERNMENT, AANJ GOVERNMENT, NJNONPROFIT NONPROFIT CORPORATION, CORPORATION,

SUPERIOR COURT SUPERIOR COURTOF OFNEW NEW JERSEY JERSEY LAW DIVISION: LAW DIVISION:MERCER MERCER COUNTY COUNTY DOCKETNO: NO:MER-LMER-LDOCKET

Plaintiff, Plaintiff,

Civil Action Action

v. CERTIFICATIONOF CERTIFICATION OFGAVIN GAVIN ROZZI ROZZI NEW NEW JERSEY JERSEYSTATE STATEPOLICE POLICE and and DAVID DAVID ROBBINS in in his his official officialcapacity capacityasascustodian custodianofof: ROBBINS records recordsfor forthe theNew NewJersey Jersey State State Police, Police, Defendants. Defendants.

herebycertify certifyasasfollows: follows: 1, Gavin Gavin Rozzi, Rozzi, hereby 1.

1 submit submit this thisCertification Certificationinin support support of Libertarians of Libertarians for Transparent for Transparent

Government's Government'sOrder Order to to Show Show Cause. Cause. 2.

Recently RecentlyII tiled tiledtwo twoOPRA OPRArequests requests with with thethe New New Jersey Jersey State State Police Police and and theythey did did

not respond not respondtotoeither eitherrequest request within within seven seven business business days. days. 3.

Specifically, Specifically, on on February February2,2,2017, 2017,I filed I filed anan OPRA OPRA request request with with the the State State Police Police

seeking seeking logs logs and andspreadsheets spreadsheetsofofGovernor Governor Christie's Christie's helicopter helicopter use from use from February February 1, 2016 1, to 2016 to February 1,1,2017. February 2017.This Thisrequest request was was labeled labeled with with Tracking Tracking Number Number WI 17580. WI 17580. The State The State PolicePolice full 82 82 days days later. later. took repeatedextensions extensionsand and did fulfill request April 25, 2017—a took repeated did notnot fulfill mymy request untiluntil April 25, 2017—aft/II

4.

On March 30, 2017,1 filed a simple request for a copy of my prior February 2,

2017 OPRA request (W117580) because I did not have a copy of it from the online portal. A response to that simple request was not produced within seven business days. Instead, on April 12, 2017, the 9111 business day, the State Police produced the responsive record. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, am subject to punishment,

Gavin Rozzi

EXHIBIT 6

April 20, April 20,2017 201709:16 09:16AM AM

State of State of New NewJersey Jersey

Page: 11 of Page: of 22

Government Records Government RecordsRequest Request Receipt Receipt

Request Number: W118205

Requestor Information

Request Status: In Progress Ready Date:

John Paff John Paff Libertarians for Libertarians forTransparent Transparent Government Government 73 Servis Servis Rd Rd

Custodian Contact Information Division of State Police

Skillman, NJ Skillman, NJ08558 08558

Records Custodian PO Box 7068

[email protected] [email protected]

SP Headquarters - Bldg 15 - River Road

732-873-1251

West Trenton, NJ 08628 [email protected]

Request Date: Request Date:February February22, 22,2017 2017

609-538-6087

Maximum Authorized Maximum AuthorizedCost: Cost:

By

$2.25

Email Email

Status of Your Request

Cost Information

Your request Your requestfor forgovernment government records records (II W118205) (II W118205) from from the the Total Cc Division ofofState Division StatePolice Police has has been been reviewed reviewed andand is InisProgress. In Progress. Detailed information Detailed information asas toto thethe availability availability of the of the documents documents you you requested appear requested appearbelow belowand and onon following following pages pages as necessary. as necessary. Deposit: The cost costand andany anybalance balancedue due forfor this this request request is shown is shown to the to the Total Amount Paid: right.Any right. Anybalance balancedue due must must bebe paid paid in full in full priorprior to the torelease the release / mailing mailing of ofthe thedocuments. documents. Balance Due If you you have haveany anyquestions questions related related to to thethe disposition disposition of this of this request please request pleasecontact contact the the Custodian Custodian of Records of Records for the for the Division ofofState Division StatePolice. Police. The The contact contact information information is inis the in the column to column tothe theright. right. Please Please reference reference your your request request number number in in any contact any contactororcorrespondence. correspondence.

$0.00 $0.00 $0.00 $0.00

Document Detail Document Detail Div Div

Doc ## Doc

Doc Name Doc Name

Redaction Redaction Legal Electronic Legal ElectronicOther Other Req Pages Size Pages Size Media Media Cost Cost

SP

01

twenty-five (25) twenty-five (25)most mostrecent recent Open Open Public Public Y RecordsAct Records Act(OPRA) (OPRA)requests requests submitted submitted to to the Division the Divisionon onororprior prior to to September September 30,30, 2016

EXHIBIT 7

CI GRIFFIN CI GRIFFIN

PashmanStein ypV Was09:Flayder21 ialqfftlaYdeli

Counsel Counsel [email protected] [email protected] Direct: 201.270.4930 Direct: 201.270.4930 May 18, 2017 2017 May 18, Via Overnight OvernightMail Mail Hon. Mary MaryC. C.Jacobson, Jacobson,J.S.C. J.S.C. Hon. New Criminal CourtHouse House Criminal Court 400 S. Warren Street,4th Warren Street, t4h Floor Floor Trenton, NewJersey Jersey08650 08650 Trenton, New Re:

Libertarians Libertarians for for Transparent TransparentGovernment Governmentv.v.New NewJersey JerseyState StatePolice Policeetetal.al. Our FileNo. No.1646-015 1646-015 Our File

Dear Judge Dear JudgeJacobson: Jacobson: This firmrepresents representsPlaintiff, Plaintiff, Libertarians for Transparent Government, a NJ Nonprofit This firm Libertarians for Transparent Government, a NJ Nonprofit Corporation, ininthe Corporation, theabove-captioned above-captioned matter. matter. Please Please accept accept this this letterletter brief,brief, in lieuinoflieu a more of a more formal brief,ininsupport support Plaintiff's application forOrder an Order to Show seeking relief from formal brief, ofof Plaintiffs application for an to Show CauseCause seeking relief from Defendants' denial Defendants' denialofofthe theOpen Open Public Public Records Records ActAct ("OPRA") ("OPRA") request request as identified as identified in the in the Verified Complaint Verified Complaintand anddiscussed discussed in in detail detail below. below. PRELIMINARY PRELIMINARYSTATEMENT STATEMENT Section 10 of of OPRA OPRAgenerally generallyexempts exemptsmost most personnel records from access, but declares Section 10 personnel records from access, but declares that certain that certainenumerated enumerated records records areare government government records records that must that be must produced. be produced. In this case, In this case, Plaintiff Plaintiff Libertarians Libertarians forfor Transparent Transparent Government Government filed filed an OPRA an OPRA request request seeking seeking payrollpayroll recordsrecords for four for fourState StateTroopers. Troopers. Defendants Defendants took took over over fourfour months months to respond to respond to Plaintiffs to Plaintiffs request request and and when they when theydid didfinally finallyrespond respond they they failed failed to to produce produce all responsive all responsive records records and the andrecords the records they they did produce producecontained containedimproper improper redactions. redactions. As demonstrated below,OPRA OPRA makes it clear payroll records are government demonstrated below, makes it clear thatthat payroll records are government months to toproduce produceresponsive responsive records, records, Defendants Defendants failed failed to to records and,despite despitetaking takingfour months records and, produce therequested requestedpay pay stubs. Moreover, when Defendants did produce responsive records, produce the stubs. Moreover, when Defendants did produce responsive records, Court PlazaSouth South Court Plaza 21 Main Street,Suite Suite200 200 Main Street, Hackensack, Hackensack, NJ NJ07601 07601

Phone: Phone: 201.488.8200 201.488.8200 Fax: 201.488.5556 Fax: 201.488.5556 www.pashmanstein.com www.pashmanstein.com

Hon. Mary C. Jacobson, J.S.C. May 18, 2017 Page - 2 -

they redacted payments related to overtime which should have been produced. Additionally, Plaintiff will show that the four months Defendants took to substantively respond is part of Defendants' pattern and practice of failing to comply with OPRA's time provisions. All of this makes clear that the State Police has and will continue to violate OPRA. Accordingly, this Court should enter an order preserving Plaintiffs statutory rights, finding Defendants in violation of OPRA, require them to produce the responsive records without the improper redactions compel them to comply with OPRA's timelines in the future, and award Plaintiff attorney's fees and costs as a prevailing party. STATEMENT OF FACTS On December 20, 2016, Defendants responded to an OPRA request that Plaintiff had submitted seeking 2015 payroll records for certain State Troopers in a manner that did not properly respond to the request. In follow-up, on December 21, 2016, Plaintiff submitted a request pursuant to OPRA and the common law right of access seeking the following: 1.

Actual payroll records for Gerald T. Theckston, Nicholas R. Renna, Spencer L. Bailey and Sandor M. Dazza that show the ACTUAL amount made by each in 2015 for various categories, such as salary, overtime, longevity, uniform allowance, etc.).

2.

Records that show the amount of overtime earned in 2015 by each of the following employees: Gerald T. Theckston, Nicholas R. Renna, Spencer L. Bailey and Sandor M. Dazza.

3.

The final pay stub for each of the following employees that shows how much money each earned in 2015: Gerald T. Theckston, Nicholas R. Renna, Spencer L. Bailey and Sandor M. Dazza.

[Verified Complaint, Exhibit A.] On January 2, 2017, Defendants emailed Plaintiff stating "[a] request was sent out seeking responsive records to your request and the search is ongoing. We would like to extend

Hon. Mary C. Jacobson, J.S.C. May 18, 2017 Page - 3 -

your due date to January 17, 2017." [Verified Complaint, Exhibit B.] After Defendants' initial extension, they continued to take extensions for over four months: •

On February 10, 2017, Defendants took an extension until February 22, 2017. [Verified Complaint, Exhibit C.]

•

On February 22, 2017, Defendants took an extension until March 1, 2017. [Verified Complaint, Exhibit D].

•

On March 2, 2017, Defendants took an extension until March 9, 2017. [Verified Complaint, Exhibit E.]

•

On March 9, 2017, Defendants took an extension until March 16, 2017. [Verified Complaint, Exhibit F.]

•

On March 16, 2017, Defendants took an extension until March 24, 2017. [Verified Complaint, Exhibit G.]

•

On March 27, 2017, Defendants took an extension until April 3, 2017. [Verified Complaint, Exhibit H.]

•

On April 3, 2017, Defendants took an extension until April 11, 2017. [Verified Complaint, Exhibit I.]

• ■

On April 12, 2017, Defendants took an extension until April 19, 2017. [Verified Complaint, Exhibit J.]

■•

On April 19, 2017, Defendants took an extension until April 25, 2017. [Verified Complaint, Exhibit K.]

None of Defendants' extensions offered an explanation for the extensions beyond "a request was sent out seeking responsive records to your request and the search is ongoing." [See Verified Complaint, Exhibits B-K.] On April 20, 2017, 121 days after Plaintiff's request was submitted, Defendants finally substantively responded to Plaintiff's request by providing certain records with redactions. Defendants stated the redactions were "made to remove personal protected information, such as social security numbers and dates of birth, consistent with N.J.S.A. 47:1A-1.1. As stated

Hon. MaryC. C.Jacobson, Jacobson,J.S.C. J.S.C. Hon. Mary May 18, 18, 2017 2017 May Page Page -- 44 --

previously, recordsreflecting reflecting overtime law enforcement officers designated confidential previously, records overtime of of law enforcement officers are are designated confidential pursuant N.J.A.C.13:1 13:1 E-3.2." [Verified Complaint, Exhibit A.] Defendants' response pursuant totoN.J.A.C. E-3.2." [Verified Complaint, Exhibit A.] Defendants' response was was improper asasititredacted improper redacted overtime overtime payment payment information, information, did not didrespond not respond to partto1part of Plaintiff's 1 of Plaintiff's request by request byproviding providingrecords records that that show show thethe amount amount made made by each by each trooper trooper in 2015 in for 2015 thefor various the various categories identified categories identifiedininPlaintiff's Plaintiff's request, request, diddid notnot provide provide records records that identified that identified the actual the actual amount of amount ofmoney moneyeach eachtrooper trooper received received in in 2015, 2015, andand diddid not not produce produce any of any the offinal the final pay stubs pay stubs requested byPlaintiff Plaintiffininitem item 3 of request. requested by 3 of thethe request. To date, date, the theState StatePolice Policehas hasnot not released any additional records or information released any additional records or information responsive toPlaintiff's PlaintiffsOPRA OPRArequest. request. responsive to 1,EGAL I,EGAL ARGUMENT ARGUMENT I.

DEFENDANTS DEFENDANTS VIOLATED VIOLATEDTHE THEOPEN OPEN PUBLIC PUBLIC RECORDS RECORDS ACT ACT New Jersey hasaalong long"history "history commitment to public participation in government" Jersey has ofof commitment to public participation in government"

and its "tradition "tradition favoring public's right be informed governmental actions." and its favoring thethe public's right to betoinformed aboutabout governmental actions." South JerseyPub. Pub.Co. Co.Inc. Inc. N.J. Expressway Auth., 486-87 (1991). OPRA's South Jersey v.v. N.J. Expressway Auth., 124124 N.J.N.J. 478,478, 486-87 (1991). OPRA's "purpose 'tomaximize maximize public knowledge about public affairs and to minimize the evils "purpose isis'to public knowledge about public affairs and to minimize the evils inherent inaasecluded secludedprocess."' process."' Mason v. City of Hoboken, 51,(2008). 64 (2008). inherent in Mason v. City of Hoboken, 196 196 N.J.N.J. 51, 64 A A citizen's righttotoaccess accesspublic public records been deemed "unfettered" absent a statutory citizen's right records hashas been deemed "unfettered" absent a statutory exemption, which exemption, whichmust mustbe benarrowly narrowly construed. construed. Courier Courier News News v. Hunterdon v. Hunterdon County County Prosecutor's Office,358 358N.J. N.J.Super. Super. 373, 382-83 (App. Div. 2003)(emphasis added). Prosecutor's Office, 373, 382-83 (App. Div. 2003)(emphasis added). Accordingly, pursuanttoto OPRA, Accordingly, pursuant OPRA, government recordsshall shall readily accessible inspection, government records bebe readily accessible forfor inspection, copying, or copying, orexamination examinationbybythe the citizens citizens ofof this this State, State, with with certain certain any exceptions, for exceptions, forthe theprotection protection ofof the the public public interest, interest, andand limitations on the right of access accorded by [OPRA] shall be

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construed in favor of the the public public's 's right right of access. . . . [N.J.S.A. [N.J.S.A. 47:1A-1 47:1A-1 (emphasis (emphasisadded).] added).] Our courts Our courtsmust mustresolve resolve "any "any ambiguities ambiguities in ainmanner a manner consistent consistent with with [OPRA's] [OPRA's] broadbroad purpose." Paffv.v.Ocean Ocean Cty. Prosecutor's Office, Super. (App. 2016). purpose." Paff Cty. Prosecutor's Office, 446446 N.J.N.J. Super. 163,163, 181 181 (App. Div. Div. 2016). Accord In Accord Inre reNew NewJersey JerseyFiremen's Firemen's Ass'n Ass'n Obligation Obligation to Provide to Provide Relief Relief Applications Applications underunder Open Open Pub. Pub. Records RecordsAct, Act,443 443N.J. N.J.Super. Super. 238, 238, 265 265 (App. (App. Div. Div. 2015)(noting 2015)(noting ambiguities ambiguities should should be be resolved in resolved in favor favorofofdisclosure disclosureofofrecords); records); Serrano Serrano v. S. v. Brunswick S. Brunswick Twp., Twp., 358 358 N.J. N.J. Super. Super. 352, 352, 366 (App. Div. 2003)(noting 2003)(notingambiguities ambiguitiesininOPRA OPRA "must resolved 'in favor of public's the public's (App. Div. "must be be resolved 'in favor of the right ofaccess[.]—). access[1—). It is solely solely the the public publicagency's agency'sburden burden prove denial of access right of It is to to prove thatthat denial of access is is authorized bylaw. law.N.J.S.A. N.J.S.A.47:1A-6. 47:1A-6. authorized by When When this thisCourt Courtconsiders considers OPRA's OPRA's underlying underlying public public policy policy in favor in favor of transparency of transparency and and the argumentsherein, herein, will clear that an Order compelling the State to provide the arguments it it will bebe clear that an Order compelling the State PolicePolice to provide the the requested recordsisisrequired. required. requested records A.

DefendantsUnlawfully Defendants UnlawfullyDenied DeniedAccess AccesstotoPayroll Payroll Records Records

OPRA's personnelrecords records exemption exempts most personnel records, but provides OPRA's personnel exemption exempts most personnel records, but provides that that certain enumeratedinformation information must be provided: "an individual's title, position, certain enumerated must be provided: "an individual's name,name, title, position, salary, salary, payroll length of of service, service,date dateofofseparation separation and and thethe reason reason therefor, therefor, and and the amount the amount and and payrollrecord, record, length type of type of any any pension pensionreceived receivedshall shallbebe a government a government record." record." N.J.S.A. N.J.S.A. 47:1A-10 47:1A-10 (emphasis (emphasis added). InItem Item33ofofitsitsOPRA OPRA request, Plaintiff specifically requested the final pay for stub for the added). In request, Plaintiff specifically requested the final pay stub the four StateTroopers Troopersshowing showing how much money each earned in 2015. Verified Complaint, four State how much money each earned in 2015. [See[See Verified Complaint, Exhibit A.] No No payroll payrollstubs stubswere wereincluded included records produced by Defendants. [See Exhibit Exhibit A.] in in thethe records produced by Defendants. [See Exhibit

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1 to the the Griffin GriffinCert.]1 Cert.] I Accordingly, Accordingly, Defendants Defendantsviolated violatedOPRA OPRA byby failing failing to to produce produce the the requested records requested recordsand and Plaintiff Plaintiff asks asks thethe Court Court to compel to compel the State the State Police Police to disclose to disclose the requested the requested payroll records payroll recordsimmediately. immediately. B.

Defendants Defendants Improperly Improperly Redacted Redacted Information Information Related Related to Overtime to Overtime Payments made Payments madetotothe theState State Troopers Troopers

Plaintiff requested Plaintiff requestedrecords records that that show show thethe amount amount of overtime of overtime earned earned in 2015 in 2015 by each by of each of the four the fourState StateTroopers. Troopers. [Verified [Verified Complaint, Complaint, Exhibit Exhibit A.] A.] From From the records the records they produced, they produced, Defendants redacted Defendants redactedthe the overtime overtime payments payments as "confidential as "confidential pursuant pursuant to N.J.A.C. to N.J.A.C. 13:1 E-3.2." 13:1 E-3.2." Id. The Id. Theconfidential confidentialdesignation designation is is improper improper andand Defendants Defendants should should be required be required to produce to produce the the overtime information. overtime information. With With N.J.A.C. N.J.A.C.13:1E-3.2, 13:1E-3.2,the theDepartment Department of of Law Law andand Public Public Safety Safety attempted attempted to to designate certain designate certainrecords records ofof thethe State State Police Police as confidential as confidential andand exempt exempt fromfrom disclosure disclosure underunder OPRA. In OPRA. Inpart, part,the theregulation regulation provides provides thatthat "[t]he "[t]he dutyduty assignment assignment of an of individual an individual law law enforcement officer enforcement officerororany anypersonally personally identifiable identifiable information information that that may may reveal reveal or lead orto lead to information informationthat thatmay may reveal reveal such such duty duty assignment, assignment, including, including, but not butlimited not limited to, overtime to, overtime data data pertaining totoan pertaining anindividual individual law law enforcement enforcement officer." officer." Contrary Contrary to Defendants' to Defendants' assertion, assertion, this this designation does designation doesnot notmean meanthat that allall overtime overtime information information is exempt is exempt fromfrom production production underunder OPRAOPRA because such because suchaadesignation designationisisbeyond beyond thethe power power of of thethe Department Department of Law of Law and Public and Public Safety. Safety. As discussed discussed above, above,OPRA OPRApermits permits access access toto payroll payroll records. records. N.J.S.A. N.J.S.A. 47:1A-10. 47:1A-10. Moreover, OPRA Moreover, OPRAprovides providesthat that "[i]mmediate "[i]mmediate access access ordinarily ordinarily shallshall be granted be granted to budgets, to budgets, bills, bills, N.J.S.A. public employee employeesalary salaryand andovertime overtime information." information." N.J.S.A. vouchers, contracts vouchers, contracts. . . and . andpublic 47:1A-5(e)(emphasis added). 47:1A-5(e)(emphasis added).Payroll Payroll records records inherently inherently include include overtime overtime payments. payments. See See References to References tothe theCertification Certification ofof CJCJ Griffin, Griffin, Esq., Esq., submitted submitted herewith, herewith, are made are made as "Griffin as "Griffin Cert." Cert."

Hon. Mary C. Jacobson, J.S.C. May 18, 2017 Page - 7 -

PAYROLL, Black's Law Dictionary (10th ed. 2014)("1. A list of employees to be paid and the amount due to each of them. 2. The total compensation payable to a company's employees for one pay period. . . . 4. A business's financial records of employees' wages, bonuses, taxes, and net pay."); see also Weimer v. Twp. of Middletown, GRC Complaint No. 2004-22 (August 2005)(holding that "[i]t is reasonable that attendance, overtime and compensatory time records are within the realm of payroll records" even though those records are kept in a personnel file).2 The foregoing complies with the Appellate Division's express recognition in In re New Jersey Firemen's Ass'n Obligation to Provide Relief Applications under Open Pub. Records Act, 443 N.J. Super. 238, 265 n.13 (App. Div. 2015), that a payroll record will report not only an employee's salary, but also all forms of remuneration including special payments. A regulation passed by the Department of Law and Public Safety cannot trump what is expressly made available by statute and OPRA makes payroll records and overtime information available. Similarly, neither an executive order nor a duly-promulgated regulation could make an individual's college admission application publicly accessible under OPRA because N.J.S.A. 47:1A-1.1 expressly exempts them. This separation of powers applies to all areas of law including OPRA. See O'Shea v. Twp. of W. Milford, 410 N.J. Super. 371, 385 (App. Div. 2009) ("We are, in this matter, guided by the concept that administrative actions, including those stated in or imported to duly promulgated rules and regulations, cannot override a legislative enactment such as OPRA."); Commc'ns Workers of Am., AFL-CIO v. Christie, 413 N.J. Super. 229, 272 Commens Workers (App. Div. 2010)(holding executive order cannot override a statute and essentially repeal it);

A copy of the GRC's decision is attached to the Certification of CJ Griffin, Esq. ("Griffin Cert."), submitted herewith, as Ex. 2.

2

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Flinn v. Flinn v. Amboy AmboyNat. Nat.Bank, Bank,436 436N.J. N.J.Super. Super. 274, 274, 293 293 (App. (App. Div. Div. 2014)(holding 2014)(holding a regulation a regulation cannot "amend,alter, alter, enlarge, limit terms of legislative [a] legislative enactment"). cannot "amend, enlarge, or or limit thethe terms of [a] enactment"). The AppellateDivision Divisionhas haspreviously previously held much in New Jersey Second Amendment The Appellate held asas much in New Jersey Second Amendment Soc. v. Div. of State State Police Policeof ofNew NewJersey JerseyDep't DeptofofLaw Law&&Pub. Pub. Safety, Safety, No. No. A-2103-11T3, A-2103-11T3, 2015 2015 WL 2236464 (App. (App.Div. Div.May May14, 14,2015)3 2015)3 when WL 2236464 directlyaddressed addressed N.J.A.C. 13:1 E-3.2. when itit directly N.J.A.C. 13:1 E-3.2. In In thethe decision the decision the Appellate AppellateDivision Divisionstated statedthat: that: In other In otherwords, words,section section7 7ininnono way way restricts restricts a requestor's a requestor's ability ability to to obtain a law enforcement officer's "name, title, position, salary, obtain a law enforcement officer's "name, title, position, salary, payroll record, payroll record,length lengthofofservice, service, date date of of separation separation andand the reason the reason therefore, andthe theamount amount and type of any pension received." therefore, and and type of any pension received." N.J.S.A. 47:1A-10. Such Such information informationwould wouldlikely likelyindicate indicate thethe N.J.S.A. 47:1A-10. amountof amount ofovertime overtimecompensation compensation thethe officer officer received. received. Id. at Id. at*7 *7(emphasis (emphasisadded). added). Additionally, theAppellate AppellateDivision Divisioncautioned cautioned State Police "against Additionally, the thethe State Police "againstthe theuse useofofsection section7 7toto improperly improperlydeny denypublic publicaccess access toto overtime overtime information information because because that that would would clearly clearly subvert subvert the express the express language languageof ofOPRA." OPRA."Id. Id.It It is clear clear from fromDefendants' Defendants'response response to to Plaintiff's Plaintiff's request request that that they theydid didnot notheed heedthe the Appellate Appellate Division's Division's warning. warning. Consequently, Consequently, Defendants Defendants violated violated OPRA. OPRA. C.

The The Produced ProducedRecords RecordsDo DoNot Not Respond Respond ToTo Plaintiff's Plaintiff's OPRA OPRA Request Request

The records The recordsproduced produced byby Defendants Defendants areare confusing confusing andand do not do show not show the breakdowns the breakdowns that that Plaintiff requested Plaintiff requestedininItem Item 1 of 1 of itsits request. request. According According to YourMoney.Nj.Gov's to YourMoney.Nj.Gov's "Payroll "Payroll Explorer," Explorer," for for2015 2015Sergeant Sergeant Theckston Theckston hadhad a salary a salary of $87,913.02, of $87,913.02, had had "YTD "YTD Regular Regular Payments" ofof$88,916.90; Payments" $88,916.90;earned earned zero zero in in "YTD "YTD Overtime Overtime Payments" Payments" and received and received "YTD"YTD Other Other Payments" Payments" ofof$14,093.78 $14,093.78for fora atotal total "YTD-Earnings" "YTD-Earnings" of $103,010.68 of $103,010.68 for that for that year.year. The records The records 3

A copy of the the unpublished unpublisheddecision decisionisisattached attached to to thethe Griffin Griffin Cert. Cert. as Ex. as 3. Ex. 3.

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produced byDefendants, Defendants,however, however, reflect information. pages 11 through produced by dodo notnot reflect thisthis information. See See pages 11 through 18 of 18 of Exhibit Exhibit 11 to tothe theGriffin GriffinCert. Cert. OnOn page page 12 12 of of Exhibit Exhibit 1 to1the to the Griffin Griffin Cert., Cert., Theckston's Theckston's records records show he he had hadaasalary salaryofof$87,913.02 $87,913.02asasofofJuly July 2015, but redactions Defendants 25,25, 2015, but thethe redactions thatthat Defendants mademade to the the rest restof ofrecords recordsdodonot not reflect reflect what what is stated is stated in the in the "Payroll "Payroll Explorer" Explorer" — there — is there no is no accounting forthe theadditional additional $14,093.78, example. Plaintiff's OPRA request specifically accounting for $14,093.78, forfor example. Plaintiff's OPRA request specifically asked for asked foraabreakdown breakdown ofof these these payments, payments, butbut Defendants' Defendants' redactions redactions prohibit prohibit him from himseeing from seeing this information informationand andthey they did produce actual paystubs which would the breakdown. did notnot produce the the actual paystubs which would showshow the breakdown. D.

Defendants to to Plaintiff's Request DefendantsFailed FailedtotoTimely TimelyRespond Respond Plaintiff's Request

Pursuant Pursuant totoN.J.S.A. N.J.S.A.47:1A-5(i), 47:1A-5(i),a agovernment government agency agency must must respond respond to antoOPRA an OPRA request request no later laterthan thanseven sevenbusiness business days days after after thethe request request is received. is received. In this In case, this case, Plaintiff's Plaintiff's request request was submitted submittedon onDecember December21, 21,2016 2016sosoDefendants Defendants should should have have produced produced responsive responsive records records by December December30, 30,2016. 2016.Instead Insteadofoftimely timelyproducing producing records, Defendants ten unilateral records, Defendants tooktook ten unilateral extensions and extensions andwaited waiteduntil untilApril April 20,20, 2017, 2017,121 days after Plaintiff submitted its request, to finally produce finally producerecords. records.This This drawn drawn outout response response process process is inisviolation in violation of OPRA's of OPRA's mandate mandate that that "government records "government records shall shall bebe readily readily accessible." accessible." N.J.S.A. N.J.S.A. 47:1A-1. 47:1A-1. While Plaintiffacknowledges acknowledgesthat that sometimes a reasonable extension of seven the seven While Plaintiff sometimes a reasonable extension of the day day response periodisisnecessary necessarydue due nature of the request, 4 Defendants' Defendants' conduct conductclearly clearly response period toto thethe nature of the request,4 demonstrates demonstrates aacomplete completedisregard disregard forfor OPRA's OPRA's prompt prompt response response requirement. requirement. In addition In addition to the to the 121 days it took tookto torespond respondtotoPlaintiff's Plaintiff's request here, several other requesters have faced days it request here, several other requesters have faced excessive delays in in receiving receivingsubstantive substantiveresponses responses to to OPRA OPRA requests requests from from Defendants Defendants and in and in some instances instancesthe thelong longdelays delaysare are not even accompanied production of records. not even accompanied by by the the production of records. plain language, language,OPRA OPRAonly onlypermits permits extensions extensions under under twotwo circumstances. circumstances. Pursuant Pursuant to N.J.S.A. to N.J.S.A. 47:1A-5(i), 47:1A-5(i), 4 By its plain an an agency agencymay maytake takeananextension extension when when a record a record "is "is in storage in storage or archived." or archived." An extension An extension may also maybealso a "reasonable be a "reasonable solution" whereaarequest request would "substantially disrupt agency operations." N.J.S.A. 47:1A-5(g). solution" where would "substantially disrupt agency operations." N.J.S.A. 47:1A-5(g).

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Requestor Richard Rivera had to wait 80 days to be told that an Internal Index File he requested was exempt from production. [See Certification of Richard Rivera at ¶ 4 attached as Ex. 4 to the Griffin Cert.] Separately, when Mr. Rivera requested a copy of the State Police's Internal Affairs Policy, a single policy that should be readily accessible, he had to wait 77 days for a substantive response from Defendants. [See Certification of Richard Rivera at ¶ 5 attached as Ex. 4 to the Griffin Cert.] Likewise, requestor Gavin Rozzi had to wait 82 days for Defendants to respond to his request for logs and spreadsheets of Governor Christie's helicopter usage for a specified timeframe. [See Certification of Gavin Rozzi at ¶ 3 attached as Ex. 5 to the Griffin Cert.] Even when Mr. Rozzi requested nothing more than a copy of his OPRA request he still had to wait more than seven days for Defendants to produce the record. [See Certification of Gavin Rozzi at ¶ 4 attached as Ex. 5 to the Griffin Cert.] Defendants' delayed responses to Plaintiff, Mr. Rivera and Mr. Rozzi are all part of their policy and practice of failing to take OPRA's timeframes seriously. Unrelated to the OPRA request at the heart of the present matter, Plaintiff also submitted an OPRA request to Defendants that sought the "twenty-five (25) most recent Open Public Records Act (OPRA) requests submitted to the Division on or prior to September 30, 2016." [Griffin Cert Ex. 6.] When Plaintiff received the responsive OPRA requests he was able to prepare a chart that shows that, with the exception of one request, Defendants took more than 145 days to respond to each of the OPRA requests! [Griffin Cert. Ex. 7.] This conduct is clearly in violation of OPRA and the Court should hold Defendants accountable by finding them in violation of OPRA and compelling them to respond to OPRA requests within OPRA's statutory timeline in the future.

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II. II.

PLAINTIFFIS PLAINTIFF ISAAPREVAILING PREVAILING PARTY PARTY ENTITLED ENTITLED TOTO ATTORNEYS' ATTORNEYS' FEES FEES Plaintiff isisstatutorily Plaintiff statutorilyentitled entitled to to reasonable reasonable attorney's attorney's fees fees and and costs.costs. Pursuant Pursuant to OPRA, to OPRA, A person person who whoisisdenied deniedaccess accesstotoa agovernment government record record by by the the custodian custodianof ofthe therecord, record, at at thethe option option of the of the requestor, requestor, may .may .. .. institute aaproceeding institute proceedingtotochallenge challenge thethe custodian's custodian's decision decision by by filing an an action actionin inSuperior Superior Court Court . . . . The . . The public public agency agency shall shall have the have theburden burdenofofproving proving that that thethe denial denial of access of access is authorized is authorized by law. law. If it it is is determined determinedthat that access access has has been been improperly improperly denied, the denied, thecourt courtororagency agency head head shall shall order order thatthat access access be be allowed. A allowed. A requestor requestorwho whoprevails prevails inin any any proceeding proceeding shall shall be be entitledto entitled toaareasonable reasonableattorney's attorney's fee.fee. [N.J.S.A. 47:1A-6 [N.J.S.A. 47:1A-6 (emphasis (emphasisadded).]. added).]. New Jersey Jersey law lawhas haslong longrecognized recognizedthe the "catalyst "catalyst theory" theory" in regards in regards to anto award an award of of

attorney's fees. attorney's fees.Mason Masonv.v.City City ofof Hoboken, Hoboken, 196 196 N.J. N.J. 51,51, 73 73 (2008). (2008). A plaintiff A plaintiff is entitled is entitled to to attorney's fees attorney's feesififititcan candemonstrate demonstrate "1)"1) a factual a factual causal causal nexus nexus between between plaintiff's plaintiff's litigation litigation and and the relief the reliefultimately ultimatelyachieved; achieved;and and 2) 2) that that thethe relief relief ultimately ultimately secured secured by plaintiffs by plaintiffs had ahad basisa in basis in law." Id. law." Id.atat76. 76.See Seealso alsoSmith Smithv.v.Hudson Hudson Cnty. Cnty. Register, Register, 422422 N.J.N.J. Super. Super. 387,387, 394 394 (App. (App. Div.Div. 2011)("A plaintiff 2011)("A plaintiffmay mayqualify qualifyasasa prevailing a prevailing party, party, andand thereby thereby be entitled be entitled to a fee to aaward, fee award, by by taking legal taking legalaction actionthat thatprovides provides a 'catalyst' a 'catalyst' to induce to induce a defendant's a defendant's compliance compliance with the with law."). the law."). Here, Plaintiff Here, Plaintiffmade madea avalid valid request request forfor records records under under OPRA OPRA that has thatbeen has unlawfully been unlawfully denied by denied bythe theState StatePolice. Police.This ThisCourt Court should should order order the the State State Police Police to grant to grant access access to theto the requested records, requested records,which which would would therefore therefore render render Plaintiff Plaintiff statutorily statutorily entitled entitled to an award to an award of of attorney's fees attorney's feesand andcosts costsofofsuit. suit. III. III.

THIS COURT THIS COURTSHOULD SHOULDGRANT GRANT ACCESS ACCESS TO TO THE THE REQUEST REQUEST RECORDS RECORDS PURSUANT TO PURSUANT TOTHE THECOMMON COMMONLAW LAW RIGHT RIGHT OFOF ACCESS ACCESS At common commonlaw, law,aacitizen citizenhas hasananenforceable enforceable right right to require to require custodians custodians of public of public records records

to make makerecords recordsavailable available forfor reasonable reasonable inspection inspection andand examination. examination. IrvalIrval Realty Realty v. Bd.v.ofBd. Pub. of Pub.

Hon. Mary C. Jacobson, J.S.C. May 18, 2017 Page - 12 -

Util. Comm'rs, 61 N.J. 366, 372 (1972). Even where a plaintiff is denied access under OPRA, the documents may be available through the right to access under the common law. MAG Entertainment LLC [IC v.v.Division Divisionof ofAlcoholic AlcoholicBeverage BeverageControl, Control, 375 375 N.J. N.J. Super. Super. 534, 543 (App. Div. 2005). The common law right to access a public record is determined by balancing the requestor's need for the record against the government's need for secrecy. Shuttleworth v. City of Camden, 258 N.J. Super. 573, 583 (App. Div. 1992). A requestor need not establish a personal interest as a public interest is sufficient. Id. Here, Plaintiff, and the public in general, has a need to know the total amount of tax dollars being paid to public employees such as State Troopers and more specifically, how that total is being earned vis-à-vis salary, overtime, etc. in order to make sure that there is no abuse in the system and in order to ensure that the government is operating efficiently. Overtime pay is always a hot button issue that the public cares about, because it involves paying public employees at a rate much higher than their ordinary salary. Defendants on the other hand have offered no legitimate reason to keep this information confidential. Our Appellate Division has already warned the State not to use its regulations to shield overtime information from the public, yet that is exactly what it is doing. Accordingly, the requested payroll records, including overtime payment information, should be made available to Plaintiff pursuant to the common law. CONCLUSION For the foregoing reasons, Plaintiff respectfully asks this Court to enforce its statutory rights under OPRA by 1) declaring that Defendants are in violation of OPRA by unlawfully denying access to the requested payroll records; 2) directing Defendants to release all requested

Hon. Mary C. Jacobson, J.S.C. May 18, 2017 Page - 13 -

payroll records free from improper redactions to Plaintiff; 3) declaring that Defendants are in violation of OPRA for engaging in a pattern and practice of not complying with OPRA's timelines, and 4) ordering Defendants to pay Plaintiff's reasonable attorney's fees and costs of suit. Respectfully Submitted,