OPRA Denial of Access Complaint

7/27/2019 OPRA Denial of Access Complaint

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GRC Use Only

New Jersey Government Records CouncilDenial of Access ComplaintPlease read these instructions before completing this form: This form is to be used only for claims of denial of access to government records that you want the Government Records Council

(GRC) to decide. Your request must have been made on or after July 8, 2002 under "OPRA," the Open Public Records Act(N.J.S.A. 47: lA-l et seq.).

Please print or type your responses, and provide ALL information requested. Incomplete forms wil l delay processing. This form isavailable in downloadable format from the GRC web site at www.nj.gov/grc.

Only one complaint is required for each OPRA request form, regardless of the number of documents sought in the request. The GRC recommends that you keep a copy of this complaint for your own files. MAIL, FAX, OR E-MAIL TIllS COMPLAINT AND ALL SUPPORTING DOCUMENATION TO:

Government Records Council Fax: (609) 633-6337PO Box 819 E-mail: [email protected], NJ 08625-0819

1. About the Requester ofthe Records:Full Name: ~()"'''"\. W100.' \Mailing Address: 7 ~ l- \.l? .~.r-\-~City: L-oct \ State: ZIPPlease provide a phone number at which GRC staff can contact youbetween 8 A.M.-5 P.M., Monday-Friday:FaxNumber: _E-Mail Address: (' l",.rlQ~' e b~\1)'n\\/\e .OVIf you are represented by an attorney in this matter, please provide:Name: Phone Number:Address: _ Fax Number: _E-mail Address: _If you are an attorney who requested records and are filing this complaint on behalf of a client, please state the client's name:

2. About the Custodian of Records:Name of the public agency from which records were requested:Name of custodian on whom records request was submitted:Y13 -&51-14\Selephone Number: - - > ; ; . C O ~ e - " Q " " - " , ' - - " ' t J . . - - < - - ' - R - - - , e , . - I ' ( ) ~ a " l - " ' o ~ J - t - - - - - - = - ~ = . . : ~ " - - - - - L A - ' - ~ = 0 - ~rE-Mail address (if used): _Name of custodian who denied records request(if different from above):Telephone Number: E-Mail address (if used):Fax Number:

Denial of Access Complaint 1


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GRC Denial of Access ComplaintGRC Use Only

3. About the Record Request:Date your records request was provided to the custodian: \e..,')~31J-lg>j,'SjDid you receive a reply to your request? Yes

If so, state the date your request was denied: IHave you previously filed a complaint with the GRC concerning the record request that is subject of this complaint?No 0-es D

If yes, provide the GRC complaint number and a copy of the GRC decision in the matter.Date: Complaint No.:

Have you spoken with or written to the GRC about the record request that is subject of this complaint?Yes D Date: No I f J .

Have you filed an action in the N.J. Superior Court concerning the record request that is subject of this complaint?No ~ Yes D If Yes, Docket Number: _

4. Offer of Mediation (please refer to the attached documents for details):Are you interested in participating in mediation? Yes ; . . . = : NO}(5. Dfcuments to submit with this Form:

~ Complete the attached Records Denied List to describe the records to which you were denied access.rI Attach a copy of the OPRA Records Request form you filed with the public agency and any correspondencebetween you and the record custodian(s) or custodial agency staff that concern the portion of your OPRArequest that was denied. Be sure to include any e-mail, memoranda, phone messages, or any other documentssuch as affidavits, or certifications related to the request and the denial.

r s J Summarize the facts of this complaint by writing the content, time and date of any interaction you had with thecustodian regarding the OPRA records request that is the subject of this complaint. Use the attached DetailSummary for this purpose .. J Provide any legal arguments, allegations or other information you would like the GRC to consider in decidingthis complaint. Use the attached Detail Summary for this purpose.

1/ Sign the Agreement to Mediate if you wish to participate in the mediation process.6. Verification of Complaint:By signing this complaint, I affirm that:

I am the person who submitted the OPRA request for records which is the subject of this Complaint; The information I have provided is true to the best of my knowledge and belief; The documents submitted with this Complaint are true copies of material which I believe is relevant to myclaim; I am not seeking disclosure of any personal information pertaining to the victim of any crime committed by me,which is an indictable offense under the laws ofthe State of New Jersey, or any other State, or pertaining to the

family of that victim; and I am simultaneously providing a copy ofthis complaint to the Custodian of Records.

~Date



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New Jersey Government Records Counc ilDenial o f Access Complaint - Detail Summary

Use this form to summarize the content, time and date of any conversations regardingthis complaint , along with the names of the par ti ci pants and any wi tnesses.

Background: Since Lodi's last revaluation in 2004, a large number of Lodi residents have had their tax

assessments lowered "in house" without filing a tax appeal at the county or state level. Manyare friends and supporters of Lodi's Borough Manager, Anthony Luna, and his politicalorganization. It has been alleged that this process has been used to reward friends and also towin political support from others. I have confirmed many cases.

Lodi has also seen a very large number of tax appeals since 2008 and is paying out an alarmingamount of tax refunds. Many of the tax refunds are being awarded to commercial propertyowners in very large amounts. Almost every town bordering Lodi has addressed this problem inthe last two years by calling for a new town wide reassessment. Maywood, Hackensack,Hasbrouck Heights, and Garfield all had town wide reassessments in the last two years and theirmedian residential property taxes declined as a result. Data showed that commercial propertiesdid not decline as much as residential so the tax burden was shifted to commercial.

Reason for OPRA request: At the January 15 regular public meeting, Lodi Mayor Marc Schrieks was questioned by Lodi

resident, Stella Cergueira, about not calling for a new town wide reassessment when her friendsin other towns have recently had one. Mayor Shrieks answered with a lot of false information.

At the February 12, 2013 executive meeting, Lodi Borough Manager, Anthony Luna, and MayorMarc Schrieks said they had a letter from Lodi's tax assessor, George Reggo, stating that areassessment is "unlawful". When I asked them how it could be "unlawful", Mayor Schrieks saidbecause six years passed since the last revaluation.

At the February 19, 2013 regular public meeting, I questioned Mayor Schrieks and Mr. Reggoabout their six year claim. I pointed out many towns in Bergen County that had their lastrevaluation in 2004(same year as Lodi) also had town wide reassessments in 2011 and 2012.Mr. Reggo represents some of those same towns as their tax assessor so it appeared he wasn'tbeing honest.Mr. Reggo also stated that Lodi's valuation today is 93% of what is was in 2004. I had done alot of research and felt he was knowingly being dishonest. I stated that I thought it washypocritical for Mr. Reggo to lower the assessments for so many friends of the BoroughManager and Lodi politicians "in house" yet refuse to do the same for the rest of Lodi. I stated ifthere is no reason for a town wide reassessment, I would like the mayor and council to reportat the March public meeting how many residents have had their taxes lowered in house withoutfiling an appeal or having a sale taken place. Lodi Borough Attorney, Mr. Alan Spiniello, advisedme to fill out an OPRA request to receive that information.


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I filled out an OPRA request on February 20, 2013 and it was refused on February 28, 2013 byMr. Reggo. The correspondence is attached. The separate request for bills was fulfilled.

I thought my first request might have been too broad so I resubmitted a second request for thesame material on February 28, 2012. I thought it was more clear, direct, and fair. It was deniedon March 11, 2013. It is attached.

What I am seeking: I can request through OPRA the monthly bills which show who has been awarded a tax refund

after a successful county or state appeal. I also have access to an on-line tax record data base toconfirm tax information. What hasn't been made public is who has had their taxes lowered "inhouse" without any appeal being filed. The public deserves transparency and fair treatment. Ifthe Lodi council and its employees refuse to answer questions honestly at public meetings, andthen refuse OPRA requests, then there are no checks in place and no accountability.


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OPEN PUBLIC RECORDS ACT REQUEST-FORM"BOROUGH OF' LOBROne Memorial Drive qrllj-11j .Lolli, New Jersey 07644- .

Phone: 973-859-7405 Fax: ,73-36S-172llmporlent Notk':8'.

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As per the recommendation of the Borough Attorney. Mr. Alan Spiniello, at the February 19,2013 public council meeting, I am requesting the following from Mr. George Reggo, Lodi' TaxAssessor:This request is for any evidence that would allow the public to see whom Mr. Reggo loweredproperty assessments for "in house" without a tax appeal at the county or state level. Myrequest in not to inundate the borough with a lot of work, but to seek the information that Mr.Reggo and our governing body would not provide at the February 19,2013 public meetingwhen they were given an opportunity to respond.I would hope that Mr. Reggo can answer this response with any information that he finds mostapplicable. This evidence can include a copy of a property card of those that had an assessmentlowered "in house", a log of those Mr. Reggo met with to have an assessment lowered "inhouse", or receipt of any action taken during a meeting when an assessment was lowered "inhouse". I am not asking for Mr. Reggo to "create documents" but to use any receipts he keptwhen official borough action was taken by him since the last revaluation.


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OPEN PUBLIC RECORDS ACT REQUEST' FORMBOROUGH OF LODI!One Memorial DriveLodi, New Jersey 07644 .Phone: 973-859--7405 Fax: 97J-36S-172~r~NotfcGr.

The last page of this form contaIns Important Information related 10your rights cancamlllg government n3C0rdL Pfeas9 read It carefuIiy.

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BOROUGH OF lODIONEMEMORIAL DRIVE, tonr, NEWJERSEY07644973-365-4005 EXT406 FAX: 973-365-1723

(j)e6ra}I. Ciliento(Bo roug fi C fe r/ tP : K J ; . 4 0 6

MEMORANDUM

TO:FROM: 7~~;f~Debra A. Ciliento, Borough ClerkSUBJECT: Open Public Records Act RequestJ~, c : l c : < I o ? t J /8DATE:DESCRIPTION:

Attached is a request for public records. According to statute, the Borough is required torespond to this request ASAP, but within seven (7) days.Please forward me the information requested at your earliest convenience but no laterthan ~. 4; .2/)/.3. Failure to provide the information within thetimelines could result in formal action being filed against the borough and me which willresult in the need for the Borough to amass a legal defense. In the end; we will still haveto provide the information,Please do not hesitate to contact me should you have any questions.

G lL NT ~71V-..r ~~ 'r:-:f~T jerhL17TJ ~J.y Ofr0 -~C-v-~ d oC k-~ ;;r:~~~ /ec ,r:~j

Visito_ebsit~ atwww.lodi-nj.org f r 1 - r r ; , ~ 'r:':a tv.(/ 7''(11 ~ Irt:!i.


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New Jersey Government Records CouncilAgreement to Mediate

GRC Complaint No. 20XX-XXBy participating in mediation, I1we agree:

1. To engage in a good faith effort to resolve the above referenced complaint filed with the Government Records Council("GRC") concerning access to records or related matters described in the Complaint;

2. That I will abide by any procedural rules set forth by the mediator. Such rules may include the establishment of a timetable forcompletion of mediation and/or phases of the mediation, a requirement that the parties periodically reduce settled issues towriting, a requirement that the parties personally meet with the mediator at a mutually convenient time and place and suchother reasonable procedural rules deemed by the mediator to facilitate the mediation process.

3. That all discussions and documents arising during mediation are confidential unless otherwise legally obtainable. Documentsprovided in mediation cannot be used in a GRC hearing or appeal from a GRC determination unless those documents arepublic records or the party with control over the documents consents to their use in such a proceeding. Conversations withthe mediator or with the other party during mediation will not constitute statements that can be used in a later GRC hearing orappeal from a GRC determination;

4. That I wil l not subpoena the mediator to testify or to produce any mediation materials whatsoever following the mediation. Iacknowledge that the mediator will not testify on behalf of any party in any pending or future administrative or judicialproceeding, or disclose any information obtained during mediation unless the parties expressly consent to such disclosure, orunless law or court order requires disclosure. I further agree that the mediator will be held harmless for any claim arising fromthe mediation process;

5. That the mediation session will not be recorded (either video or audio) and that no transcript of the session will be produced;6. That the mediator will not decide who is right or wrong, and that I shall not ask the mediator to act as my advocate. I

acknowledge that the mediator will try to help the parties reach their own resolution of this dispute by encouraging discussion;however, if the mediator determines that the mediation process is no longer productive the mediator may unilaterallyterminate said mediation and refer the matter back to the GRC for further processing;

7. That when a settlement is reached, it shall be put in writing and signed, and shall be binding upon all parties to the agreement.A copy shall be provided to the GRC. If the complaint is not resolved during mediation, the complaint will be transferred tothe GRC for further processing.The parties to this agreement, whose names and signatures appear below, are the only persons authorized to participate in themediation process. The principal's representative, if any, affirms that he/she is authorized to act by, and on behalf of, theprincipal.

YES, I want to participate in mediation. ,~ NO, I do not want to participate in mediation.

~~CNl c.c-L\~ \N am f Principal (please Print)~ I am the Complainant 0I am the Custodian

Qlllll~Date~t~gnature

Name of Legal Representative (please Print) Signature Date

Name of Representative (please Print) Signature Date


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