Denial of Access Complaint - New Jersey Libertarian Party Open

Transcription

GRC Use Only
New Jersey Government Records Council
Denial of Access Complaint
Please 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. 47:1A-1 et seq.).
•
Please print or type your responses, and provide ALL information requested. Incomplete forms will delay processing. This form is
available 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 THIS COMPLAINT AND ALL SUPPORTING DOCUMENATION TO:
Fax: (609) 633-6337
E-mail: [email protected]
Government Records Council
PO Box 819
Trenton, NJ 08625-0819
I.
About the Requester of the Records:
John Paff
Full Name:
P.O. Box 5424 (at the time the request was made)
Mailing Address:
City:
State: New Jersey
Somerset
Please provide a phone number at which GRC staff can contact you
between 8 A.M.-5 P.M., Monday-Friday:
Fax Number:
ZIP
08875
201-488-8200
201-488-5556
E-Mail Address:
[email protected]
If you are represented by an attorney in this matter, please provide:
CJ Griffin
Name:
21 Main Street, Suite 200, Hackensack, New Jersey 07601
Address:
201-488-5556
Fax Number:
E-mail Address:
Phone Number: 201-488-8200
[email protected]
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:
Telephone Number:
City of Trenton
Richard Karhmar care of Diadina Allen
E-Mail address (if used):
Name of custodian who denied records request
(if different from above):
Telephone Number:
E-Mail address (if used):
Fax Number:
1
GRC Denial of Access Complaint
GRC Use Only
3. About the Record Request:
October 21, 2015
Date your records request was provided to the custodian:
Did you receive a reply to your request?
Yes El
No ❑
December 10, 2015
If so, state the date your request was denied:
Have you previously filed a complaint with the GRC concerning the record request that is subject of this complaint?
Yes
❑
No Z1
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
❑
No El
Date:
Have you filed an action in the N.J. Superior Court concerning the record request that is subject of this complaint?
No
Yes
Z
❑
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. Documents to submit with this Form:
❑ Complete the attached Records Denied List to describe the records to which you were denied access.
❑ Attach a copy of the OPRA Records Request form you filed with the public agency and any correspondence
between you and the record custodian(s) or custodial agency staff that concern the portion of your OPRA
request that was denied. Be sure to include any e-mail, memoranda, phone messages, or any other documents
such as affidavits, or certifications related to the request and the denial.
❑ Summarize the facts of this complaint by writing the content, time and date of any interaction you had with the
custodian regarding the OPRA records request that is the subject of this complaint. Use the attached Detail
Summary for this purpose.
❑ Provide any legal arguments, allegations or other information you would like the GRC to consider in deciding
this complaint. Use the attached Detail Summary for this purpose.
❑ 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 my
claim;
• 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 of the State of New Jersey, or any other State, or pertaining to the
Digitally signed
family of that viclw
by. John Paff
v n DN)EpfAbutgpmplaint to the Custodian of Records.
• I am simultane
Paff C = US
Date: 2016.03.31
17:31:39 -05'00'
Paff
Signature (required)
Date
2
Denial of Access Complaint - Detail Summary
Use this form to summarize the content, time and date of any conversations regarding this complaint,
along with the names of the participants and any witnesses.
3
Denial of Access Complaint Records Denied List
This is page
Name of Complainant:
of
Please fill out this form describing the record (or portion of it) to which access has been denied, the response to your request, including the reason
given for denial of access. Submit additional pages if necessary.
Description of record (or portion)
Item #
2
3
4
Response to request
Trenton's Internal Affairs Summary Forms
in the form of "Appendix S" of the
guidelines submitted to the County
Prosecutor covering January 2013 through
to current date.
Appears to have produced all records, but the custodian's response did not
identify which records corresponded to which paragraph of the request.
The six most recently released reports to the public
summarizing the allegations received and the
investigations concluded for that period. (See
Requirement 10 on page 44 of the Guidelines.)
The six most recently released reports to
the public that give a brief synopsis of all
complaints where a fine or suspension of
10 days or more was assessed to an agency
member. (See Requirement 10 on page 44
and "Appendix U" of the Guidelines.)
"Brady letters" are named after the United States Supreme
Court's 1963 decision in the case of Brady v. Maryland..
That decision, among other things, requires law
enforcement officials to notify criminal defendants and
their lawyers whenever they receive information that a
police officer involved in the defendants' cases has been
untruthful. I would like the three most recent notifications
on file with Trenton that a) were directed to defendants or
their attorneys, b) which were made by any law
enforcement agency (including but not limited to the
Mercer County Prosecutor's Office) and c) notified those
Did not produce any records that are actually responsive to this request.
Produced one report titled "Internal Affairs Summary Report — January 1,
2012 through June 30, 2012, but did not produce any other records despite
Mr. Paff asking for the "six most recently released" reports.
No records are maintained by the agency.
4
defendants and/or their attorneys that an employee of the
City of Trenton, including but not limited to police
officers, had been untruthful.
5
John Paff
Voice: 732-873-1251
E-mail [email protected]
Complainant
GOVERNMENT RECORDS COUNCIL
JOHN PAFF
Complainant,
vs.
GRC CASE NO.
CITY OF TRENTON
Custodian
CERTIFICATION
I, John Paff, of full age, hereby certify:
1.
On October 21, 2015, I submitted an Open Public Records Act (OPRA) and
common law right of access request via e-mail to Diadina Allen. (Exhibit 1.)
2.
While Richard Kachmar is the Trenton City Clerk, I have learned from past
experience that records requests are handled by Diadina Allen. On February 26, 2014, in
response to an OPRA request I had filed with him that day, Clerk Kachmar specifically
instructed me to file my request with Diadina Allen (Exhibit 2.) Since that time, I have
routinely directed my Trenton OPRA requests via e-mail to Diadina Allen.
3.
After having received no response to my October 21, 2015 request, I faxed a
copy of it, along with a cover page, to fax number 609-989-3190 on November 7, 2015.
(Exhibit 3.) The cover page was directed to "Trenton OPRA Custodian" and advised the
recipient that I had no record of receiving a response to my October 21, 2015 request.
4.
The fax number (i.e. 609-989-3190) to which I sent my November 7, 2015
follow up request is the same number to which Trenton's Internet site invites members of
the public to submit their requests. (Exhibit 4.)
5.
On November 29, 2015, after having received no response from Trenton, I
again followed up by sending another e-mail to [email protected] along with four
other Trenton employees or officials. (Exhibit 5.) I copied these four employees or officials
on my request because Diadina Allen had sent copies of her previous OPRA responses
(e.g. OPRA Reqs. 2015-277, August 4, 2015) to those same employees or officials.
6.
On December 10, 2015, Diadina Allen sent me an e-mail that contained the
single sentence: "This file is now closed!" and which had two attachments. (Exhibit 6.)
7.
One of the attachments to Diadina Allen's December 10, 2015 e-mail was
copy of my November 7, 2015 faxed follow up to my October 21, 2015 request. (Exhibit 7.)
Noteworthy is the presence of fax transmission information in the top margin evidencing
that my November 7, 2015 fax was received by the City of Trenton that day.
8.
The other attachment to Diadina Allen's December 10, 2015 e-mail was a
27-page file consisting of a one-page memo from Trenton Police Detective Alexis
Durlacher to Clerk Kachmar and 26 pages of documents that were purportedly
responsive to my request. (Exhibit 8.)
9.
My request referred to the Attorney General's Internal Affairs Policy &
Procedures (Revised 2014) which consist of 116 pages and is on-line at
http://www.state.nj.usioag/dcjiagguide/internalaffairs2000v1_2.pdf I have extracted the
relevant pages from this 116-page document for the Council's and the parties'
convenience. These are pages 43 and 44 of the manual, Appendix S and Appendix U.
(Exhibit 9.)
Page 2
10.
From prior experience, I have learned that the records requested in ¶ 2 of
my request (i.e. "The six most recently released reports to the public summarizing the
allegations received and the investigations concluded for that period. (See Requirement
10 on page 44 of the Guidelines.") are separate and distinct from the "Internal Affairs
Summary Forms in the form of 'Appendix S' that I sought in ¶ 1 of my request. I have
attached an example of the former report (i.e. that which was requested in ¶ 2) that I
obtained from another jurisdiction. (Exhibit 10.)
11.
I decided to give the agency one last shot at fulfilling my OPRA request, so
on December 21, 2015, I faxed another letter to Diadina Allen regarding this request. I
explained to her that the records she produced were only responsive to ¶1 of my request
and parts of ¶3. (I accepted her response that the City does not possess records
responsive to ¶4). I provided her a sample of a record that would be responsive to ¶2. I
also explained to her that for ¶3, she only produced one record in response that was titled
"Internal Affairs Summary Report — January 1, 2012 through June 30, 2012." However,
my request was for the "six most recently released" versions of that report, not just one
report.
12.
I never received any response to my December 21, 2015 fax.
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, I am subject to punishment.
Dated: March 31, 2015
John
Paff
Digitally signed
by: John Paff
DN: CN = John
Paff C = US
Date: 2016.03.31
17:29:41 -05'00'
John Paff
Page 3
EXHIBIT 1
Exhibit 1
10/21/2015
Gm Ail
Gmail - Trenton OPRA
John Paff <[email protected]>
Trenton OPRA
1 message
To: Diadina Allen <dallen©trentonnj.org>
Wed, Oct 21, 2015 at 12:15 PM
Please accept this e-mail/fax as my request under the Open Public
Records Act (OPRA) and the common law right of access. Please send
all responses and responsive records to me via e-mail to
pa;:i@p-.,box.com. Thank you.
Background:
The Attorney General's Guidelines, on-line here, requires certain
information to be maintained.
Records requested:
1. Trenton's Internal Affairs Summary Forms in the form of "Appendix
S" of the guidelines submitted to the County Prosecutor covering
January 2013 through to current date.
2. The six most recently released reports to the public summarizing the
allegations received and the investigations concluded for that period.
(See Requirement 10 on page 44 of the Guidelines.)
3. The six most recently released reports to the public that give a brief
synopsis of all complaints where a fine or suspension of 10 days or
more was assessed to an agency member. (See Requirement 10 on
page 44 and "Appendix U" of the Guidelines.)
4. "Brady letters" are named after the United States Supreme Court's
1963 decision in the case of Brady v. Maryland. That decision, among
other things, requires law enforcement officials to notify criminal
defendants and their lawyers whenever they receive information that a
police officer involved in the defendants' cases has been untruthful. I
would like the three most recent notifications on file with Trenton that
a) were directed to defendants or their attorneys, b) which were made
by any law enforcement agency (including but not limited to the Mercer
https://mail.google.com/maii/u/0/?ui=2&ik=af5d130814&view=pt&searcrFsent&ti-F1508b2f284524ecd&sim1=1508b21284524ecd
112
10/21/2015
Gm ail - Trenton OPRA
County Prosecutor's Office) and c) notified those defendants and/or
their attorneys that an employee of the City of Trenton, including but
not limited to police officers, had been untruthful.
Thank you for your attention to this matter.
Very truly yours,
John Paff
P.O. Box 5424
Somerset, NJ 08875
Voice: 732-873-1251
Fax: 732-862-4449
e-mail: paff@poboxcorn
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EXHIBIT 2
Exhibit 2
12/15/2015
Gm ail - FW: OPRA REQUEST
FW: OPRA REQUEST
I message
Richard M. Kachmar <[email protected]>
To: Diadina Allen <[email protected]>
Cc: paff©pobox.com
Wed, Feb 26, 2014 at 4:11 PM
Dear Ms. Allen:
Please find an OPRA Request
Mr. Paff: Please vist www.trentonnj.org asnd complete an OPRA request form and forward to Ms. Allen.
Thank you
RM Kachmar
Original Message
From: [email protected] [mailto:[email protected]] On Behalf Of John Paff
Sent: Wednesday, February 26, 2014 3:47 PM
To: Richard M. Kachmar
Subject: OPRA REQUEST
To: Clerk, City of Trenton
via e-mail only to rao,.;.trilartreintorall.ora
Date: Wednesday, February 26, 2014
Please provide the following records in accordance
with the Open Public Records Act and the common
law right of access. The records requested pertain to
the municipal governing body. Please provide all
responses, requests for fees and responsive
documents via e-mail to puli'ppo:x.--x.c,-orri or by U.S.
Mail to: John Paff, P.O. Box 5424, Somerset, NJ
08875-5424 Please call 732-Lr/3-1251 with any
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1/4
EXHIBIT 3
Exhibit 3
- Fax Transmission
To:
Trenton OPRA Custodian
From:
John Paff
Fax:
16099893190
Date:
11/7/2015
RE:
Records Request
Pages:
3
Comments:
1 have no record of having received a response to the attached OPRA request. Please advise.
Grnal I - Trenton OPRA
10/21/2015
,(
byGoo8L
Trenton OPRA
1 message
To: Diadina Allen <[email protected]>
Wed, Oct 21, 2015 at 12:15 PM
[email protected]. Thank you.
Background:
Records requested:
3. The six most recently released reports to the public that give a brief
https://mail.googie.com/mail/u/0/?uir--2&ik=g5d1301N4&view=pt&searctsent&th=1508b2f284524ecasim1=1508b2f284,524ecd
1/2
1012112015
Gmail - Trenton OPRA
Very truly yours,
John Paff
P.O. Box 5424
Somerset, NJ 08875
Voice: 732-873-1251
Fax: 732-862-4449
e-mail: paff©pobox.corn
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2/2
EXHIBIT 4
Exhibit 4
12/15/2015
Open Public Records Act Request - City of Trenton
C.1ty of Trenton
Print I Close
http://www.trentonnj.org/Cit-e-Access/webpage.cfm?TID=55&TPID=7066
City Clerk
Open Public Records Act Request
PUBLIC ACCESS TO GOVERNMENT RECORDS
1. The New Jersey Open Public Records Act (OPRA) requires a person requesting
access to government records to complete, sign and date the request form adopted by
the City of Trenton. The completed form can be submitted to the City Clerk's
office by fax at (609) 989-3190.
Your request is not considered filed until the appropriate custodian of the record
requested has received the request form. If you submit a request for access to
government records to someone other than the appropriate custodian, do not complete
this request form, or attempt to make a request by telephone or fax, the Open Public
Records Act and its deadlines, restrictions and remedies will not apply to your request.
2. The fees for duplication of a government record in printed form are as follows:
$.05 for pages up to 8"x11" and $.07 for pages 8"x14". Pursuant to N.J.S.A. 47:1A-5c,
this office may impose a reasonable special service charge if the nature, format,
manner of collation, or volume of the government record is such that it cannot be
reproduced by ordinary document copying equipment, in ordinary business size, or
involves an extraordinary expenditure of time and effort to accommodate your
request. Requests will be honored upon payment of fees.
3. The terms "public record" and "government record" in New Jersey do not include:
• Criminal investigatory records
• Victim's records
• Inter-agency or intra-agency advisory, consultative or deliberative materials
• Emergency or security information or procedures for buildings and facilities
• Administrative or technical information regarding computer hardware, software and
networks which, if disclosed, would jeopardize computer security .
• Information regarding labor-management negotiations including 'statements of
strategy or negotiating position
• Pension and personnel records
4. By State law, this office must deny access to a person who has been convicted of
an indictable offense in New Jersey, any other state or the United States, who is
seeking government records containing personal information pertaining to the person's
victim or the victim's family.
5. You may be denied access to a government record if your request would
substantially disrupt agency operations and the custodian is unable to reach a
http://www.trentonnj.org/Cit-e-Access/webpage.cfm?T1D=55&TPID= 7066&Pri nt= 1
1/2
12/15/2015
Open Public Records Act Request - City of Trenton
reasonable solution with you.
5. The City of Trenton will notify you that it grants or denies a request for access to
government records within seven (7) business days after the custodian of the record
requested receives the request, provided that the record is currently available and not
in storage or archived. If the record requested is not currently available or is in
storage or archived, the custodian will advise you within seven (7) business days when
the record can be made available and the estimated cost. If this office is unable to
comply with your request for access to a government record, the custodian will
indicate the reasons for denial on the request response form and send you a signed
and dated copy.
7. If your request for access to a government record has been denied or unfilled
within the time permitted by law, you have a right to challenge the decision by the
City of Trenton to deny access. At your option, you may either institute a proceeding
in the Superior Court of New Jersey or file a complaint in writing with the Government
Records Council (GRC) in the Department of Community Affairs.
8. Information provided on this form may be subject to disclosure under the Open
Public Records Act.
Copyright © 2015 City of Trenton. All Rights Reserved.
http://www.trentonnj.org/Cit-e-Accesslwebbege.cfm?TID=55&TPID=7066&Print=1
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EXHIBIT 5
Exhibit 5
11/29/2015
Gmail - OPRA request
OPRA request
1 message
Sun, Nov 29, 2015 at 6:54 PM
To: OPRA <[email protected]>, "Marc A. McKithen" <[email protected]>, "David L. Minchello"
<dminchello©trentonnj.org>, Sonya McRae-Richards <[email protected]>
I've sent the attached in twice now, once by email and then by fax, and
have yet to have received a response. Please advise.
John Paff
P.O. Box 5424
Somerset, NJ 08875
Voice: 732-373-1251
Fax: 732-862-1449
e-mail: pah'@pobox.corn
- TrentonFax 207072801 (1).pdf
--I 78K
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EXHIBIT 6
Exhibit 6
12/15/2015
Gmail - FW: OPRA REQ 2015-451 RESP
FW: OPRA REQ 2015-451 RESP
1 message
Diadina Allen <[email protected]>
Thu, Dec 10, 2015 at 2:59 PM
To: [email protected]
Cc: OPRA <[email protected]>, Sonya McRae-Richards <[email protected]>, "Marc A. McKithen"
<[email protected]>
This file is now closed!
2 attachments
2015-451 opra req.pdf
120K
2015-451 opra resp.pdf
784K
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EXHIBIT 7
Exhibit 7
1/7/2015 05;38
T0:18099893190 FROM:7328624449
Page:
- Fax Transmission
To:
From:
John Paff
Fax: 16099893190
Date:
11/7/2015
RE:
Pages: 3
Trenton OPRA Custodian
Records Request
Comments:
I have no record of having received a response to the attached OPRA request. Please advise.
• ;
1/7/2015
05:38
Page:
TO:16099893190 FROM: 7328624449
10/21/2015
2
GmM - Trenton OPRA
w
John Paff <opengovtissues@gmailcorn>
Trenton OPRA
1 message
John Paff <paffapobox.com>
To: Diadina Allen <dallen©trentonnj.org>
Wed, Oct 21, 2015 at 12:15 PM
[email protected]. Thank you,
Background:
Records requested:
The six most recently released reports to the public that give a brief
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.1/7/2015
05:38
TO :16099893190 FROM; 7328624449
10121/2015
Page:
3
Grnail - Trenton OPRA
Very truly yours,
John Paff
P.O. Box 5424
Somerset, NJ 08875
Voice: 732-873-1251
Fax: 732-862-4449
e-mail: paff©pobox.com
https://mail.google.com/mailhArtui=2&ik=ef5d130814,?3,view=Ft&seerchrzsent81508b2f284524accl&sim1=1508b2f284524ecti
212
EXHIBIT 8
Exhibit 8
# 1/ 17
12-10-15;02:31PM;
Memo
TO:
Richard M. Kachmar
City Clerk
From:
Detective Alexis Durlacher
Date:
12110/2015
Re:
Opra Request — 2015-451
H Mr. Kachmar,
a.
Lu
U.1
1. See attached
2. See attached
3. See attached
4. The Trenton Police Department is not the keeper of these records
therefore cannot satisfy this portion of the request.
0
Sincerely,
0
et Ai exi
CL.
0
z
w
F-
urlacher
12-10-15;02:31PM;
# 2/ 17
TRENTON POLICE DEPARTMENT
CITY OF TRENTON, NEW TERSEY
Posted: July 26, 2012
internal Affairs Summary Report
January 1, 2012 through June 30, 2012
The New Jersey Attorney General Guidelines governing police internal
affairs directs each police agency shall periodically release a brief synopsis of all
complaints where a fine or suspension of ten days or more was assessed to a
member of the agency. The synopsis shall not contain the identities of the
officers or the complainants.
From January 1, 2012 through June 30, 2012 the Trenton Police
Department investigated and imposed the following penalties on its members:
O Officer was suspended for 6 months for conduct unbecoming a public
employee for neglect of duty and providing a false report.
• Officer was suspended for 10 days for conduct unbecoming a public
employee. Officer acted in a manner unbecoming a public employee while
off duty.
o Officer was suspended for 13 days for conduct unbecoming a public
employee. Officer acted in a manner unbecoming a public employee
while off duty,
•••-. Officer was suspended for 15 days for falling to supervise. Officer failed to
properly supervise officers under his/her command.
225 North Clinton Avenue, Trenton, New Jersey 08609
Phone 609-989-4100 Fax 609..989-4235
'
MERCER COUNTY PROSECUTOR'S OFFICE
PROFESSIONAL STANDARDS SUMMARY REPORT FORM
Agency:
Trenton Police Department
Repoding Period:
January 1, 2015 to March 31, 2015
TABLE #1: COMPLAINTS FILED
Type cf Complaint
12-10-15;02: 31PM;
Excessive Force
Improper &rest
Improper Entry
Improper Search
Other Criminal Violation
Differential Treatment
CemeanoT
Domestic Violence
Other Rule Violation
Total
Anonymous
Complaints
Citizen
Complaints
Agency
Complaints
Total Complaints
3
I
3
1
1
6
1
9
3
1
1
13
1
24
28
•
1
1
25
41
----1
1
1
Agency:
Reporting Period:
January 1, 2015 to March 31, 2015
TABLE #2: AGENCY DISPOSITION
,Sustained Exonerated
Excessive Force
improper Arrest
Improper Entry
improper Search
Demeanor
Domestic Violence
Total
Not
Sustained
1
Administratively
Closed
Total
Dispositions
1
1
I
1
1
2
1
6
Unfounded
3
1
-I
19
19
1
1
3
4
1
6
1
1
21
32
Agency:
Reporting Period:
April 1, 2015 to June 30, 2015
Type of Complaint
ENO esslve Force
lrifiglroper Arrest
Improper Entry
improper Search
Demeanor
Domestic Violence
Total
Anonymous
Complaints
Citizen
Complaints
Agency
Complaints
3
1
2
4
3
1
1
2
5
2
2
1
13
Total Complaints
12
13
13
28
Agency:
Reporting Period:
April 1, 2015 to June 30, 2015
Sustained Exonerated
Excessive Force
improper Arrest
improper Entry
Improper Search
r Other Criminal Violation
Differential Yreatmenq
Demeanor
Domestic Violence
Total
1
9
9
Not
Sustained
Unfounded
Administratively
Closed
Total
Dispositions
1
1
3
2
2
2
1
4
10
16
2
1
Agency:
Reporting Period:
July 1 to September 30, 2015
Type a Complaint
iExcessive Force
Improper Arrest
Improper Entry
Improper Search
Demeanor
Domestic Violence
Total
Anonymous
Complaints
-
Citizen
Complaints
3
1
1
2
2
Agency
Complaints
1
3
12
Total Complaints
3
1
1
2
3
3
23
24
23
36
_I
•
co
Agency:
Reporting Period:
July 1 to September 30, 2015
Sustained Exonerated
Excessve Force
Eimproper Arrest
!Treproper Entry
improper Search
Demeanor
Domestic Violence
Toe
1
10
10
1
Not
Sustained
Unfounded
AdmInlstratively
Closed
Total
Dispossittons
2
2
1
1
5
5
6
1
1
10
13
21
30
1
I2-10-15;02:31PM;
# 9/ 17
APpendixs
PROFESSIONAL. STANDARDS StiNiWARY REPORT FORM
Count Mercer
County
Agency:
2014 (Sworn Police Officers)
Reporting Veen
TABLE 1 — COUPLAINTS FILED
Anonymous
Complaints
Type of Complaint
,..---......p....,...,..7,0
excessive F011;13
-0
I mpeopor Anest
0
1:715705= "'1'
CM:en
CoMplaints
fterigY
Total Compiaints
Complaints
.. _._.._ ..
71
I
22
5
2
0
5
0
9
Imp07per Scafr.41
0
9
0
0
4
5
0
1
0
1
0
7
1
a
0
x
0
2
213
59
as
7y
66
145
Diffefentiel Tmairneet
Csememarior
Oaf
is - 4.,.ae-
1
Other
Rule %%alloy)
-a.=a_:..,,aiaoaaz-•••.r.atu,,,,,T...-wsw.--;,..
- . - • .-•ak --,=-_,-'r1
TOTfJ_
.-.
12-10-15;02:31PM;
# 10/ 17
Agency:
Reporting Year
county:
Mercer
2014 (Sworn Police Officers)
TABLE 2 AGENCY DISPOSMOIti
Suttalnod
Exonerated
Not Sustained
0
rcir
Excersive Force
0
Improper Mean
0
0
Improper Entrt
a
a
o
jff«roper Search
0
I
0
o
0
t
Other Crirn hal Viritaten
u
Unfoutided
Admfnis tretively
Closed
1
5
7
0
3
a
a-
a
0
0
1
2
0
2
3
1
Difrorentiol Tramm
.
ont
0
0
0
0
1
Demeanor
0
2
2
0
2
0
a
0
0
2
Dor
Domestic Violence
Other Rule Vio
Viola
l ati on
„—...............
TOTAL
,.......---. _----,.........
Sl
0_
-,..........7.,
6
Tad
011000111Ons
3
12
211
--.
2
71
........zavi.,,,,.........,..—....
95
_
12-10-15;02:31PM;
Agency:
Reporting Yuan
# 11/ 17
PROFESSIONAL STANDARDS SUMMARY REPORT FORA
; Mercer
county
2014 (Sworn Police Of
TABU 3 — COURT DISPOSMONS
Court
Co
Dismiss/id
Cases
Dtvvrtoct
Aequtttiou
0
Municipal Court
superior Court il-,Q......--,
I TOTAL
Convictions
0
0
0
0
c
0
-.N.- 1•11
I)
12-10-15;02:31PM;
# 12/ 17
Appndi S
Agency;
Reporting Yew:
2.014
County:
Mercer
Employees)
TABLE T — COUPLAINTS PLED
Type at cernplarnt
, ........_
EV:Man:1RJ
■en t• Arrost
• •.
ifil :.,11: •• Search
Anonym*
Complainte
.
.
0
Clezen
Dorm:4451mb'
U
0
•0
0
0
0
0
o
0
0
0
Othor Criminal Violat3on
0
0
Differential Treatanent
0
0
0
0
.-
.
0
0
0
Derneteno
0
Domestic VICIVICO
0
0
©lie' Rate Violation
-0
0
Z
0
t
2
TOTAL
Total C0tripielne$
Agemi
Coo mplainis
0
0
11111111111
12-10-15;02:31PM;
A 13/ 17
PROFESSIONAL STANDARDS SUMARY REPORT FORM
Agency;
Report:na Year
County;
Mercer
2014 (Civilian Employees)
TABLE 2 — AG ENCY DfSPOSMONS
Sustained
Mot Sustained
Unfounded
-
o
ExcessIye Force
o
i o
roper Area?
J.Lnp.
Improper Ently
impriaRer Search
Exonerated
0
.
a.tornezto -faience
o
0
0
0
0
0
a
0
o
0
0
0
0
0
P.
0
0
0
0
0
0
a
0
I
0
0
0
0
0
2
a
3
'
Other Rule Viototion
immlnt- -, ....2-I
2
TOTAL
x
—
(3
0
0
0
raimpaGurirmiaaist-,....
1
0
.
0
0
Ottrev Celmlnat Violation
Demeanor
0
0
.
0
Oltfarentlal Tnaatrnent
0
Tote!
Administratively
Dispozilions
Ousel
,....,.......... - ...,_. . . ,
—
'
74c .Ngti.
0
.
...0.12...msogzamie&
0
1
12-10-15;02:31PM;
# 14/ 17
PROFESSIONAL STANDARDS SUMMARY REPORT POFC-F.
Agency:
County:
Mercer
2014 (Civilian Employees)
Reporting Year;
TABLE 3 COURT DISPOI3MON3
Court
MilniCigkid court
Su
dor Court
TOTAL
Casoi
Dicitisead
0
Cason
Diverted
o
Acquittetz
0
Convictions
0
0
1-1.ac
=
7
Old6C :a):91. -0
1,
Appendix S
Agency:
Reporting Year:
County:
Mercer
2013
TABLE — COMPLAINTS FILED
Type of Complaint
kinommitm.,
Excessive Force
Improper Arrest
Anonymous
Complaints
Citizen
Complaints
0
32
1
I
33
0
9
0
I
9
.4•MPE.,
Improper Entry
0
Improper Swett)
0
2
TOTAL
2
a
2
Is
a
Domestic Violence
0
13
,_Demsanor
Total Complaints
Agency
Complaints
0
7
0
7
0
0
4
4
o
38
32
70
104
42
146
Agency:
Reporting Year:
Mercer
County:
2013
TABLE 2 AGENCY DISPOSITIONS
Sustained
Exonerated
Not Sustained
Unfounded
Excessive Force
Tote)
Dispositions
Administratively
Closed
8
12
0
1
1
6
00
0
a
1
1
Improper Search
0
0
0
1
1
Other Criminal 'Violation
0
0
0
2
1
12
15
Dlfferential Treatment
0
0
0
0
0
43
Demeanor
1
2
2
0
1
6
D omeetic Violence
0
0
0
0
2
2
5
5
54
9
9
19
..........=
45
Improper Arrest
0
improper Entry
Other Rule Vidatioo
TOTAL
A
......6.--....
5
20
iormamme=mmizermism
13
21
I
97
Agency:
Reporting Year:
Mercer
County:
2013
TABLE 3 — COURT DISPOSITIONS
Cases
Diemiesod
Court
o
61uniol • -1Court
Su dor Court
TOTAL
Case&
Diverted
0
o
0
. .
AD:old:ale
0
0
0
0
o
Convictions
0
.......__ ..... _
EXHIBIT 9
Exhibit 9
Internal Affairs Policy & Procedures
Reporting
The internal affairs unit should prepare periodic reports ror the law enforcement
executive that summarize the nature and disposition of all misconduct complaints the agency
received. This report should be prepared at least quarterly, but may be prepared more often as
directed by the executive. The report should include the principal officer; the allegation; the
complainant; the age, sex, race and other complainant characteristics that might signal
systematic misconduct by any member of the department; and the investigation's status.
Concluded complaints should be recorded and the reasons for termination explained. See
example in Appendix P.
This report shall be considered a confidential, internal work product. Dissemination of
the report should be limited to command personnel, the county prosecutor and the appropriate
authority.
Requirement 9
The agency must submit to the county prosecutor a report summarizing its internal affairs
activity on a form the county prosecutor establishes for that purpose.
Every law enforcement agency will report internal affairs activity to the county prosecutor
on an internal affairs summary report form. This form simply summarizes the number of cases
by type of case received and disposed of during the reporting period. See the example in
Appendix S. Each county prosecutor will provide those law enforcement agencies in his or her
jurisdiction with the report forms to be used, instructions on completing the forms, and a reporting
schedule.
Honesty is an essential job function for every New Jersey law enforcement officer.
Officers who are not committed to the truth, who cannot convey facts and observations in an
accurate and impartial manner and whose credibility can be impeached in court cannot advance
the State's interests in criminal matters. In addition, defendants in criminal matters may be
entitled to certain evidence the prosecutor has concerning the credibility of prosecution
witnesses, including police officers. Prosecutors are considered to possess such evidence even
when law enforcement agencies create and maintain information concerning the honesty of
individual officers. Furthermore, prosecutors may be required to provide such evidence to the
court.
It is therefore imperative that the internal affairs investigator assist prosecutors with their
legal duty to review and, if necessary, disclose evidence that may impact the credibility of police
officers. Thus, the following matters shall be reported to the county prosecutor so that he or she
may evaluate the material's relevance:
1. A finding that a police officer has filed a false report or submitted a false
certification in any criminal, administrative, employment, financial or
insurance matter in his or her professional or personal life."
11
This provision is not Intended to require that law enforcement agencies initiate internal affairs investigations
into the accuracy of every statement, report or certification that may be filed with respect to civil litigation,
including matrimonial and employment matters or any other personal or financial matters not directly related to the
officer's employment. In most cases, such investigations would be inappropriate, Determinations as to the
credibility of statements or certifications made in the context of litigation should be made by the courts or
administrative tribunals. Determinations as to the credibility of statements or certifications in other personal or
financial matters should be addressed if they arise in the context of an ongoing internal affairs investigation.
43
7/2014
Internal Affairs Poiicv & Procedures
2,
A pending court complaint or conviction for any criminal, disorderly persons, petty
disorderly persons, municipal ordinance or driving while intoxicated matter.
3.
A finding that undermines or contradicts a police officer's educational
achievements or qualifications as an expert witness.
4.
A finding of fact by a judicial authority or administrative tribunal that is known to
the officer's employing agency which concludes that a police officer
intentionally did not tell the truth in a matter.
5.
A sustained finding that a police officer intentionally mishandled or destroyed
evidence.
6,
A sustained finding that a police officer is biased against a particular gender or
ethnic group.
That law enforcement agencies report the above-listed incidents to the prosecutor's office does not
constitute a mandate or requirement that the information be disclosed to the court. Prosecutors
should conduct an independent review of the information provided to determine whether it needs
to be disclosed and whether the officer can participate in the prosecution of criminal cases.
Once a decision is reached as to a particular case or defendant, the prosecutor shall, if
necessary, discuss his or her decision with the internal affairs investigator and the law enforcement
executive. If it is determined that an officer cannot participate in a criminal prosecution, the
prosecutor must advise the agency whether the officer's disability is limited to a particular case,
a particular category of cases or all criminal matters.
Requirement 10
Each agency must release reports to the public summarizing the allegations received and
the investigations concluded for that period. In addition, the agency shall periodically release
a brief synopsis of all complaints where a fine or suspension of 10 days or more was
assessed to an agency member.
An annual report summarizing the types of complaints received and the dispositions of
those complaints shall be made available to the public. This report can be statistical in nature,
and the names of complainants and subject officers shall not be published.
Each agency also shall periodically release a brief synopsis of all complaints where a fine
or suspension of ten days or more was assessed to an agency member. This synopsis shall not
contain the identities of the officers or complainants, but should briefly outline the nature of the
transgression and the fine or suspension imposed. An example of a synopsis is found in
Appendix U.
44
712014
Appendix
S
PROFESSIONAL. RTANDtiRDS SLIMMAnY REPORT FORM
Agency:
County:
Reporting Year:
TABLE I — COWL/ANTS FILED
Type of Complaint
Excessive Force
Improper Arrest
Improper Entry
Improper Search
Demeanor
Domestic Violence
TC7 AL
Anonymous
Complaints
Citizen
Complaints
Agency
Complaints
Total Complaints
PROFESStON.M. STAMARDS SUMMARY REPCRT FORM
County:
Agency:
Reporting
TABLE 2 — AGENCY OiSPOSMONS
Sustained
Exonerated
Not Sustained
Unfounded
Administratively
Closed
Total
Dispositions
Excessive Force
Improper Arrest
11.11=11.11111111111111111
Improper Entry
Improper Search
1111111111111
MIIIIIIMMIIIIIIIIIIIIIIIII
Demeanor
MEM
111111
Domestic Violence
A1
.1--mor
.:....i-Nt.
IIIIIIIIIIIIIIIIIMIIIIIII
----1.1111110111111111111111111.111111111
PROFESSIONAL STANDARDS SUMMARY REPORT FOR!
County:
Agency:
Repot-3.7tg Yet r:
TABLE 3 — COURT IISPOSITiONS
Court
Municipal Court
SuIecior Court
7fxrp,L
Cases
Dismissed
Cases
Diverted
Acquittals
Convictions
Appendix
Public Synopsis of Disciplinary Action
Officer was suspended for ten (10) days for insubordination, Officer refused a direct
order to complete a report.
Officer was suspended for twelve (12) days for failing to safeguard department property.
Officer was found to be at fault for a motor vehicle accident.
Officer was suspended for fifteen (15) days for neglect of duty. Officer was found on three
occasions to be absent from his post.
Officer was fined ten (10) vacation days for abuse of sick leave.
Officer was suspended for ten (10) days for conduct unbecoming an employee. Officer
attempted to collect a private debt while In uniform.
Officer was suspended for twenty-five (25) days for failing to take police action. officer failed to
arrest an Individual who had an active warrant.
EXHIBIT 10
Exhibit 10
POLICE DEPARTMENT
BOROUGH OF EDGEWATER
EDGEWATER, NJ 07020
PH: 201-943-2200 FAX: 201-941-3763
Internal Affairs Complaint Summary
2014
IA-2014-1
Complaint received that two officers improperly seized and transported to a
hospital an emotionally disturbed person and used excessive force in doing so.
Officers were exhonerated.
IA-2014-2
Complaint received that two officers improperly arrested, searched and questioned
persons involved in a Domestic Violence incident. Complaint of officers demeanor
and uniform.
Officers were exhonerated for improper arrest, search and questioning. Complaint
sustained on one officer's uniform. (did not display badge on outermost garment)
IA-2014-3
Officer charged administratively for not complying with orders and removing
documents from headquarters without permission.
Charge sustained for neglect of duty
****Discipline involved 10 days of suspension****
IA-2014-4
Complaint received that officer had poor demeanor and refused to take a motor
vehicle accident report.
Complaint was not sustained
IA-2014-5
Complaint received that two officers improperly detained and transported a person
for psychiatric evaluation.
IA-2014-6
Complaint received that on multiple occasions the Edgewater Police Department
would not enter a person's residence to arrest them for commiting a disorderly
persons offense. Possession of marijuana less than 50g not in an officers presence
whiletinside a private residence.
IA-201'4-7
Complaint received that officer improperly performed a motor vehicle stop and
yelled at the driver.
Complete as of 11-04-14,
Captain Alex Hanna
EXHIBIT 11
Exhibit 11
- Fax Transmission
From:
John Paff
Fax: 16099893190
Date:
12/21/2015
RE:
Pages: 3
To:
Diadina Allen
RE: OPRA No. 2015-451
Comments:
I am in receipt of your December 10, 2015, 2:59 p.m. e-mail that had two files attached. One was a 3-page
PDF that consisted of my one-page November 7, 2015 fax to Trenton's record custodian along with my 2-page
October 21, 2015 records request. The other PDF has 17 pages and consists of a 12/10/15 cover page from
Detective Alexis Burlecher followed by sixteen pages of allegedly responsive records. Pages 3 through 17 of
the latter PDF are responsive to paragraph 1 of my request and I understand from Durlacher's response that
no documents responsive to paragraph 4 are on file. Thus, I understand that paragraphs 1 and 4 of my
request are resolved, but I do have some questions on paragraphs 2 and 3.
None of the records you provided are responsive to paragraph 2. I think that you might believe that the
documents responsive to #2 are the same as the "Appendix S" reports that are responsive to #1. But that is
not true. Attached to this fax is a two-page report from the Edgewater Police Department I received in
response to a request to that agency for the same type of record I requested from Trenton in paragraph 2.
The only record responsive to paragraph 3 is the "Internal Affairs Summary Report - January 1, 2012 through
June 30, 2012" which is at page 3 of the 17-page PDF you sent me. nut I had requested the "six most
recently released" versions of that report and Trenton sent me only one.
Please advise whether the documents fully responsive to #2 and #3 exist, and if so please provide me with
copies of them. For each record that you deny, please explain why it is exempt from access.
Thank you.
John Paff
POLICE DEPARTMENT
BOROUGH OF EDGEWATER
EDGEWATER, NJ 07020
PH: 201-943-2200 FAX: 201-941-3763
Internal Affairs Complaint Summary
2014
IA-2014-1.
Complaint received that two officers improperly seized and transported to a
hospital an emotionally disturbed person and used excessive force in doing so.
Officers were exhonerated.
IA-2014-2
Complaint received that two officers improperly arrested, searched and questioned
persons involved in a Domestic Violence incident. Complaint of officers demeanor
and uniform.
Officers were exhonerated for improper arrest, search and questioning. Complaint
sustained on one officer's uniform, (did not display badge on outermost garment)
1A-2014-3
Officer charged administratively for not complying with orders and removing
documents from headquarters without permission.
Charge sustained for neglect of duty
****Discipline involved 10 days of suspension****
IA-2014-4
Complaint received that officer had poor demeanor and refused to take a motor
vehicle accident report.
Complaint was not sustained
1A-2014-5
Complaint received that two officers improperly detained and transported a person
for psychiatric evaluation.
IA-2014-6
Complaint received that on multiple occasions the Edgewater Police Department
would not enter a person's residence to arrest them for commiting a disorderly
persons offense. Possession of marijuana less than 50g not in an officers presence
while, inside a private residence.
IA-201'4-7
Complaint received that officer improperly performed a motor vehicle stop and
yelled at the driver.
Complete as of 11-04-14,
Captain Alex Hanna
PashmanStein
April 1, 2016
Government Records Council
101 S Broad Street
Trenton, NJ 08608
Re: John Paff v. Trenton
GRC Complaint No:
Our File No. 9932-011
Dear Council:
This firm represents Complainant, John Paff, in the above-captioned matter. Please
accept this letter brief, in lieu of a more formal brief, in support of Complainant's complaint
seeking relief from Defendant's denial of the Open Public Records Act ("OPRA") request.
STATEMENT OF FACTS
Complainant, John Paff, submitted an Open Public Records Act (OPRA) request to the
City of Trenton on October 21, 2015. In his request, Paff sought the following four categories
of records related to the Trenton Police Department's Internal Affairs function:
1. Trenton's Internal Affairs Summary Forms in the form of
"Appendix S" of the guidelines submitted to the County
Prosecutor covering January 2013 through to current date.
2. The six most recently released reports to the public
summarizing the allegations received and the investigations
concluded for that period. (See Requirement 10 on page 44 of
the Guidelines.)
3. The six most recently released reports to the public that give a
brief synopsis of all complaints where a fine or suspension of
10 days or more was assessed to an agency member. (See
Requirement 10 on page 44 and "Appendix U" of the
Guidelines.)
Pashman Stein, PC
Court Plaza South
21 Main Street, Suite 200
Hackensack, NJ 07601
Phone: 201.488.8200
Fax: 201.488.5556
www.pashmanstein.com
PashmanStein
4. "Brady letters" are named after the United States Supreme
Court's 1963 decision in the case of Brady v. Maryland. That
decision, among other things, requires law enforcement
officials to notify criminal defendants and their lawyers
whenever they receive information that a police officer
involved in the defendants' cases has been untruthful. I would
like the three most recent notifications on file with Trenton that
a) were directed to defendants or their attorneys, b) which were
made by any law enforcement agency (including but not
limited to the Mercer County Prosecutor's Office) and c)
notified those defendants and/or their attorneys that an
employee of the City of Trenton, including but not limited to
police officers, had been untruthful.
(Paff Cert., ¶ 1).
Paff submitted his October 21, 2015 request via e-mail to the specific City employee that
the City Clerk had previously instructed him to contact regarding records requests. (Paff Cert., ¶
2). After not having received a response, Paff, on November 7, 2015, faxed a copy of his request
to the fax number that the City has designated as its OPRA fax line alerting the "Trenton OPRA
Custodian" that no response had yet been made to his October 21, 2015 request. (Paff Cert., TT
3, 4)
After having received no response to either his October 21, 2015 request or his November
7, 2015 follow-up, Paff once again reached out to several City officials via e-mail on November
29, 2015. (Paff Cert., ¶ 5).
Then, on December 10, 2015, City employee Diadina Allen e-mailed him a curt advisory
that "This file is now closed!" along with two attachments: a) Paffs November 7, 2015 faxed
follow with his October 21, 2015 OPRA request appended and b) a 27-page file consisting of a
The City's December 10, 2015 response revealed that the City did in fact receive Paffs November 7, 2015 fax on
that date because it attached his November 7, 2025 fax with the fax transmission information on the top evidencing
that it was received that date. (Paff Cert., ¶ 7).
Page 2
PashmanStein
one-page memo from Trenton Police Detective Alexis Durlacher and 26 pages of documents.
(Paff Cert., ¶¶ 6, 7 and 8).
Paff decided to give the agency one last shot at fulfilling my OPRA request, so on
December 21, 2015, he faxed another letter to Diadina Allen regarding this request. He
explained to Allen that the records she produced were only responsive to ¶1 of my request and
parts of ¶3. (He accepted her response that the City does not possess records responsive to ¶4).
Paff provided her a sample of a record that would be responsive to ¶2. He also explained to her
that for ¶3, she only produced one record in response that was titled "Internal Affairs Summary
Report — January 1, 2012 through June 30, 2012." However, his request was for the "six most
recently released" versions of that report, not just one report. (Paff Cert., 1111).
Paff did not receive a response to his email. (Paff Cert., ¶12).
ARGUMENT
I.
DEFENDANTS HAVE VIOLATED THE OPEN PUBLIC RECORDS ACT BY
UNLAWFULLY DENYING ACCESS TO GOVERNMENT RECORDS
Paff urges the Council to find that the City has violated the OPRA in two ways. First, the
City violated N.J.S.A. 47:1A-5(i) by failing to respond to Paffs request "within seven business
days after receiving [hisj request." Second, the City, in its response, has failed to provide Paff
with enough information to allow him to accurately determine whether all the records responsive
to his request were disclosed. Indeed, it appears that the City failed to produce any records that
are actually responsive to ¶2 of Paff s request and only produced one record in response to ¶3.
A. Trenton Violated OPRA By Failing to Respond Within 7 Business Days
OPRA mandates that "a custodian of a government record shall grant access to a
government record or deny a request for access to a government record as soon as possible, but
not later than seven business days after receiving the request." N.J.S.A. 47:1A-5(i). Further, the
Page 3
PashmanStein
statute provides that "in the event a custodian fails to respond within seven business days after
receiving a request, the failure to respond shall be deemed a denial of the request." Id.
Paff first emailed his request on October 21, 2015. The City did not respond at all. (Paff
Cert., ¶2, Exhibit 1). Paff then re-submitted his request via fax on November 7, 2015. (U at
¶2). Once again, there was absolutely no response. (Id. at ¶5). Finally, on November 29, 2015,
Paff e-mailed [email protected] and four other employees, notifying them that he still had
not received a response to his request. Ultimately, no one responded to Paff s request until
December 10, 2015.
A response was due 7 business days from October 21, 2015, making it due on October
30, 2015. Even if the City claims that Paff's October 21, 2015 request somehow was not
received, there is no doubt that his November 7, 2015 follow-up (which included a copy of his
October 21, 2015 request) was received. We know this because on December 10, 2015, the
City's Diadina Allen e-mailed him a copy of his November 7, 2015 follow-up that had the fax
transmission data across the top border. This line of data--which runs across all three pages of
Paffs November 7, 2015 transmission--conclusively established that the City of Trenton had
received Paffs transmission on November 7, 2015. (Paff Cert., ¶7, Exhibit 7). Further, there can
be no doubt that Paff sent his fax to the correct fax number because 609-989-3190, which is
listed in the top margin of the transmission, is the same number that the City's website invites
OPRA requestors to use. (Paff Cert., ¶4, Exhibit 4). Accordingly, even if the November 7, 2015
date is used, the seventh business day thereafter would have been November 19, 2015.
Therefore, the City's failure to produce the records within seven business days of a valid
request constitutes a "deemed denial" of the request and this Court should compel immediate
access to the records. N.J.S.A. 47:1A-5(i)
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PashmanStein
B.
Trenton Failed to State a Specific Lawful Basis for Denying Access to
Records
Paffs request sought four categories of information set forth in four numbered
paragraphs. Detective Durlacher, in her December 10, 2015 memo, properly denied the records
sought in ¶4 of Paffs request by saying the City does not have those records. Accordingly, Paff
does not challenge the City's response to that paragraph.
The memo, however, did not address in any detail the records that were purportedly
offered as responsive to II 1 to 3 of the request. Rather, Durlacher's memo simply states "See
attached" and directs the reader to the twenty-six pages that follow. There is no explanation as to
which documents purportedly respond to which item of the request.
The first page after Durlacher's memo is a document entitled "Internal Affairs Summary
Report - January 1, 2012 through June 30, 2012" which was apparently intended to be responsive
to ¶ 3 of Paffs request. We know that this record is responsive to ¶ 3 because it corresponds to
"Appendix U" from the Attorney General's Internal Affairs Policy and Procedures Manual
(which Paff cited in his request). (Puff Cert., ¶9, Exhibit 9). Paragraph 3 of Paffs request,
however, sought "the six most recently released reports to the public that give a brief synopsis of
all complaints where a fine or suspension of 10 days or more was assessed. There are no other
records in the twenty-six pages provided by Durlacher that are similar to Appendix U or the
Summary Report that was provided for the first half of 2012. If the Summary Reports are issued
semi-annually, as the January 1, 2012 through June 30, 2012 report suggests, then similar reports
that covered five other semi-annual periods should have also been disclosed because they would
be responsive to Paff s request. Instead, the City only partially fulfilled ¶3.
Page 5
PashmanStein
None of the twenty-six pages of documents are responsive to ¶2 of Paff s request,
because none correspond to Appendix S to the Attorney General's Internal Affairs Policy and
Procedures Manual (which Paff cited in his request). Thus, ¶2 was not fulfilled at all.
When a request for government records is made, OPRA "generally places the burden
upon the custodian of a public record to state the 'specific basis' for the denial of access{.]"
Gannett N.J. Partners, LP v. Cnty. of Middlesex, 379 N.J. Super. 205, 215 (App. Div. 2005)
(quoting N.J.S.A. 47:1A-5(g)). See also N.J.S.A. 47:1A-5(g) ("If the custodian is unable to
comply with a request for access, the custodian shall indicate the specific basis therefore on
the request form and promptly return it to the requestor."). In the present case, the City
provided no reasoning for the lack of production of records.
The City's response is insufficient and violates OPRA because it: 1) failed to produce
all records responsive to Paff s request and 2) failed to state the specific basis why records
were not provided, so that Paff could determine why other records might be withheld. Do the
records not exist? Does the City maintain that other records are exempt? The City's response
has provided Paff no ability to determine whether the City's response was lawful. Paff
followed-up with the City, pointing out the deficiencies and he then waited and waited for a
response and never received one. Thus, his only option is to file this GRC Complaint so that
he may obtain a lawful response from the City.2
CONCLUSION
For the foregoing reasons, Paff respectfully asks this council to enforce his statutory
rights under OPRA by (1) declaring that the City is in violation of OPRA by failing to provide
2
Complainant is a prevailing party entitled to reasonable attorneys' fees because the City's response will be the
production of a lawful response to his request, either in the form of the production of additional records or in telling
him that the basis for not producing other records is that the records are unavailable, do not exist, or some other
lawful basis.
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PashmanStein
complete access to the requested records; and (2) directing the City to release the requested
records to Paff forthwith or, in the alternative, delete or excise from the records withheld in their
entirety the portion(s) that are exempt from public access and promptly permit access to the
remainder of the record; (3) directing the City to prepare a lawful response to Paff s request; and
(4) awarding attorney's fess and costs of suit.
Respectfully Submitted,
CJ Griffin
Page 7

Denial of Access Complaint - New Jersey Libertarian Party Open

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