Arrest reports of incident case #2023-037207
Dear Rowan University,
I am writing to request access to and copies of records under the Freedom of Information Act.
Specifically, I am seeking information related to:
Arrest Date: 9/23/2023
Incident Number: 2023-037207
Please provide the following documents:
Arrest report
Incident report
Mugshot
If there are any fees associated with this request, please inform me in advance. However, I respectfully request a waiver of all fees, as the disclosure of this information is in the public interest and will contribute significantly to the public's understanding of law enforcement operations.
If you deny any part of this request, please cite each specific exemption you believe justifies the refusal and notify me of the appeal procedures available under the law.
I look forward to receiving your response within the statutory time period. Thank you for your assistance in this matter.
Yours faithfully,
Pamelina Manna
Hello,
Rowan University is in receipt of your November 27, 2024, request for the arrest report, incident report and mugshot regarding incident #2023-037307. You requested information under the Freedom of Information Act (“FOIA”), please be advised that the Open Public Records Act (“OPRA”) law governs New Jersey state entities, like Rowan University, release of documents to the public. The FOIA governs federal agencies, like the Federal Bureau of Investigation (FBI) and Immigration and Customs Enforcement (ICE). Accordingly, any request and/or response will be governed by OPRA and not FOIA.
Recently, New Jersey amended OPRA to include mandatory certifications that must be answered by requesters. The new form which includes the updated certifications can be found at https://sites.rowan.edu/procurement/opra.... I also attached a copy of the new form for your convenience. You do not have to use the form. You can follow the same format as your initial request.
The certifications are the following :
Under penalty of N.J.S.A. 2C:28-3, I certify that:
1. I HAVE / HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States;
2. I, or another person, WILL / WILL NOT use the requested government records for a commercial purpose; and
3. I AM / AM NOT seeking records in connection with a legal proceeding
Please be advised that mug shots are exempt from production under OPRA pursuant to Melton vs. City of Camden, 2011-233 (2013) and EO 69 (Whitman). As such, mug shots cannot be produced under OPRA and this portion of your request is denied. You have the right to challenge this denial. You can file a Complaint in the Superior Court of New Jersey or complete a Denial of Access Complaint Form with the Government Records Council (GRC). You can contact the GRC at 866-850-0511; or by mail at P.O. Box 819, Trenton, NJ 08625; or via email at [email address]; or through its website at http://www.state.nj.us/grc.
Rowan will begin to work on the rest of your request. However, without the certifications, Rowan cannot provide you with the requested documents and Rowan University's response time is suspended until you provide them.
Please feel free to fill out the attached, updated form (with the requested clarifications) or send another email which includes answers to the above 3 certifications. Either way, the request must be resubmitted to the OPRA portal at [email address].
If you have questions or concerns, I am happy to provide any assistance you may need.
Thank you,
Arsinoe Feld, Esq
OPRA Coordinator
Office of General Counsel
Rowan University | 201 Mullica Hill Rd.| Glassboro, NJ 08028-1701
[email address] |856-256-5110