2/12/2014 Gmail - Motor Vehicle Commission https://mail.google.com/mail/u/0/?ui=2&ik=e23998bec3&view=pt&search=sent&msg=14427b598787715e 1/1 Harry B. Scheeler, Jr. <[email protected]> Motor Vehicle Commission Harry B. Scheeler, Jr. <[email protected]> Wed, Feb 12, 2014 at 3:06 PM To: [email protected] Dear Senator, I wanted to bring to your attention a policy that has been informally implemented by the Motor Vehicle Commission which violates the rights of New Jersey Resident's. The public has a state Civil Right as well as a Common Law Right to know who is employed by the Government. Specifically under N.J.S.A. 47:1A-10a the public is entitled to know a public employees name, title, position, salary, payroll record, length of service, date of separation and the reason for such separation, and the amount and type of any pension received. I have a written response from MVC admitting while they have no written policy they do encourage MVC employees to refrain from giving their names to members of the public. Public agencies can not create policy or Administrative Code which undermines state law. In 2009 the State Appellate Court said in O’Shea Vs. Township of West Milford “absent specific legislative leave, no agency is authorized to deviate from expressed or implied legislative policies”. I have filed a complaint with Government Records Council requesting they order MVC to turn over the names of the MVC employees I requested. Pleased see the attached file Harry Scheeler Vs. Motor Vehicle Commission. My GRC complaint doesn't assist the rest of NJ residents who MVC employees refused to tell their names. I would request that you advocate for the rest of NJ residents and put a stop to this unlawful policy. Thank you, -Harry 2 attachments HSVMVC.pdf 452K MVC Response.pdf 159K

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2/12/2014 Gmail - Motor Vehicle Commission

https://mail.google.com/mail/u/0/?ui=2&ik=e23998bec3&view=pt&search=sent&msg=14427b598787715e 1/1

Harry B. Scheeler, Jr. <[email protected]>

Motor Vehicle Commission

Harry B. Scheeler, Jr. <[email protected]> Wed, Feb 12, 2014 at 3:06 PMTo: [email protected]

Dear Senator,

I wanted to bring to your attention a policy that has been informally implemented by the Motor VehicleCommission which violates the rights of New Jersey Resident's.

The public has a state Civil Right as well as a Common Law Right to know who is employed by the Government.Specifically under N.J.S.A. 47:1A-10a the public is entitled to know a public employees name, title, position,salary, payroll record, length of service, date of separation and the reason for such separation, and the amountand type of any pension received.

I have a written response from MVC admitting while they have no written policy they do encourage MVCemployees to refrain from giving their names to members of the public.

Public agencies can not create policy or Administrative Code which undermines state law. In 2009 the State Appellate Court said in O’Shea Vs. Township of West Milford “absent specific legislative leave, no agency is authorized to deviate from expressed or implied legislative policies”.

I have filed a complaint with Government Records Council requesting they order MVC to turn over the names ofthe MVC employees I requested. Pleased see the attached file Harry Scheeler Vs. Motor Vehicle Commission.

My GRC complaint doesn't assist the rest of NJ residents who MVC employees refused to tell their names. Iwould request that you advocate for the rest of NJ residents and put a stop to this unlawful policy.

Thank you,

-Harry

2 attachments

HSVMVC.pdf452K

MVC Response.pdf159K

https://mail.google.com/mail/u/0/?ui=2&ik=e23998bec3&view=att&th=14427b598787715e&attid=0.1&disp=attd&realattid=f_hrl0wglt0&safe=1&zw

https://mail.google.com/mail/u/0/?ui=2&ik=e23998bec3&view=att&th=14427b598787715e&attid=0.2&disp=attd&realattid=f_hrl141px1&safe=1&zw