Dear Spotswood Borough,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:
1) Police Department record known as the "Internal Affairs Summary" (a/k/a Appendix K) for the reporting year 2025
2) Police Department record known as the "Annual Major Discipline Reporting Form" (a/k/a Appendix L) for the reporting year 2025

My preferred delivery method for response(s) to this request is by E-mail as attachments. However, you may also direct me to the precise location on your agency's website where these records are available.

Please confirm you have received this request. Thank you kindly.

Yours faithfully,

Charlie Kratovil

Dear Mr. Ventrone,
Thank you for the synopsis document provided. However, this was not a record that was requested by me.

The records I am requesting are the ones required to be published pursuant to the Attorney General's Internal Affairs Policies and Procedures Section 9.11... excerpt below:

9.11 Public Reports
9.11.1 On an annual basis, every law enforcement agency shall provide to the County Prosecutor
and publish on its public website a report summarizing the types of complaints received
and the dispositions of those complaints. This report should be statistical in nature. The
County Prosecutor shall submit a summary of the reports from all agencies in its
jurisdiction to the Office of Public Integrity and Accountability. The Annual Internal Affairs
Summary attached to Appendix K shall be used to satisfy the requirements of this Section.
This process shall be overseen and directed by the Attorney General’s Office of Public
Integrity & Accountability and the Office of Justice Data.
9.11.2 On a periodic basis, and no later than January 31 of the following year, every agency shall
submit to the County Prosecutor and the Attorney General, and publish on the agency’s
public website, a brief synopsis of all misconduct where an agency member:
(a) Was terminated;
(b) Was reduced in rank or grade;
(c) Was assessed a suspension of more than five days. A suspension of more than five days
shall be broadly construed to include any disposition involving a suspension of more
than 40 hours of time or the equivalent of five days/shifts if less than 40 hours,
regardless of whether any of the suspension time was suspended or held in abeyance.
It shall include the loss of vacation, sick or leave time totaling more than 40 hours or
the equivalent of five days/shifts. It shall include any combination of suspension time
assessed plus loss of vacation, sick or leave time that aggregates to more than 40 hours
or the equivalent of five days/shifts. It shall also include any fine that exceeds the
gross value of 40 hours, or the equivalent of five days/shifts, of pay;
(d) Had a sustained finding of discrimination or bias against any person because of the
individual’s actual or perceived race, creed, color, national origin, ancestry, age, marital
status, civil union status, domestic partnership status, affectional or sexual orientation,
genetic information, sex, gender identity or expression, disability, nationality, familial
status, or any other protected characteristic under N.J.S.A. 10:5-1 et seq, regardless of
the type or severity of discipline imposed;
(e) Had a sustained finding that the officer utilized excessive force in violation of
departmental policy or the Attorney General’s Use of Force Policy, regardless of the
type or severity of discipline imposed;
(f) Had a sustained finding that the officer was untruthful or has demonstrated a lack of
candor, regardless of the type or severity of discipline imposed;
(g) Had a sustained finding that an officer has filed a false report or submitted a false
certification in any criminal, administrative, employment, financial, or insurance matter
in their professional or personal life, regardless of the type or severity of discipline
imposed;
(h) Had a sustained finding that an officer intentionally conducted an improper search,
seizure or arrest, regardless of the type or severity of discipline imposed;
(i) Had a sustained finding that an officer intentionally mishandled or destroyed evidence,
regardless of the type or severity of discipline imposed;
(j) Had a sustained finding of domestic violence, as defined in N.J.S.A. 2C:25-19, regardless
of the type or severity of discipline imposed;
(k) Resigned, retired, transferred or separated from the agency, regardless of the reason,
while any internal affairs investigation or complaint was pending, and the misconduct
ultimately sustained falls within categories (d) through (j) above or would have resulted
in an action under categories (a) through (c) had the member not separated from the
agency;13 or
(l) Was charged with any indictable crime under New Jersey or an equivalent offense
under federal law or the law of another jurisdiction related to the complaint.
“Sustained finding” refers to any finding where a preponderance of the evidence shows an
officer violated any law, regulation, directive, guideline policy or procedure issued by the
Attorney General or County Prosecutor; agency protocol; standard operating procedure,
rule or training, following the last supervisory review of the incident(s) during the internal
affairs process where the deadline for appeal has passed or following a ruling by a hearing
officer, arbitrator, Administrative Law Judge, Civil Service Commission, or the Superior
Court where the deadline for any subsequent appeal has passed. Allegations that cannot
be sustained, are not credible, or have resulted in the exoneration of an employee,
including where the previous finding has either been vacated, or overturned on the merits
in any subsequent action, generally are not considered to be sustained findings subject to
the disclosure requirements of this Policy. On the other hand, if the officer negotiates a
plea or there is an administrative or civil settlement with the employer whereby the charge
is dismissed, the charge would still be considered sustained, if there was sufficient credible
evidence to prove the allegation, and the officer does not challenge the finding and obtain
a favorable ruling by a hearing officer, arbitrator, Administrative Law Judge, Civil Service
Commission or the Superior Court.
The reporting and public dissemination requirements of (a) through (j) above become
applicable once an officer’s discipline is sustained, as defined above. The reporting and
public dissemination requirements of (k) and (l) above become applicable at the close of
the reporting period during which they occur.
Section 6.0.1 of the IAPP requires that “All allegations of officer misconduct shall be thoroughly,
objectively, and promptly investigated to their logical conclusion in conformance with this policy, regardless
of whether the officer resigns or otherwise separates from the agency.”
The synopsis of each case, required by this section, shall follow the format provided in
Appendix L and shall include the identity of each officer subject to final discipline, a full
explanation of the rule, regulation, policy, directive, or law violated, a factual summary of
their conduct, and a statement of the sanction imposed. The synopsis shall provide
sufficient detail to enable a reader who is not familiar with the case to fully understand the
factual scenario that resulted in the disciplinary action. Examples of acceptable synopses
may be found in Appendix L (updated November 2022). This synopsis shall not contain the
identities of the complainants or any victims. Where discipline relates to domestic violence,
the synopsis shall not disclose the relationship between a victim and an officer. In rare
circumstances, further redactions may be necessary to protect the identity of a victim.
Whenever practicable, notice shall be given to victims of domestic or sexual violence in
advance of an agency’s disclosure of discipline related to the incident.
The required posting to the agency’s public website shall remain in place and publicly
accessible.

Please review my original OPRA/common law request and provide the requested records, or a direct link to where they can be found on your police department's public website.

Yours sincerely,

Charlie Kratovil