Hello,

An OPRA request was received at the Clerk’s Office on August 27, 2024.
Please see the response to your request(s) of:

• Arrest Report: Please refer to the attached. A Vaughn Index is
attached to provide the citation of redactions.
• Incident Report: This is a Criminal Investigatory record and involves
juveniles. The records requested are exempt under the Criminal
Investigatory exemption. N.J.S.A. 47:1A-1.1; Kovalcik v. Somerset
Cnty. Prosecutor’s Office, 206 N.J. 581, 591 (2011); N. Jersey Media
Grp., Inc. v. Twp. Of Lyndhurst, 229 N.J. 541, 569 (2017). O’Shea v.
Twp. Of West Milford, 410 N.J. Super. 371 (App. Div. 2009), Janeczko
v. N.J. Dep’t of Law and Pub. Safety, Div. of Criminal Justice, GRC
Complaint Nos. 2002-79 and 2002-80 (June 2004)
• Mugshot:

◦ The records requested are exempt pursuant to N.J.S.A. 47:1A-9(a);
Executive Order No. 69 (Gov. Whitman, 1997) (“EO 69”), which
superseded Executive Order No. 9 (Gov. Hughes, 1963) (“EO 9”), 
Leak v. Union Cnty. Prosecutor’s Office, GRC Complaint No. 2007-148
(Interim Order dated February 25, 2009), N.J.S.A. 47:1A-1.1,
Executive Order No. 123 (Gov. Kean, 1983) EO 69, Barkley v. Essex
Cnty. Prosecutor’s Office, GRC Complaint No. 2011-221 (February
2013).
◦ Pursuant to N.J.S.A. 47:1A-9(a); Executive Order No. 69 (Gov.
Whitman, 1997) (“EO 69”), which superseded Executive Order No. 9
(Gov. Hughes, 1963) (“EO 9”), states that: The following records
shall not be deemed to be public records subject to inspection and
examination and available for copying pursuant to the provisions of
[OPRA], as amended: fingerprint cards, plates and photographs and
similar criminal investigation records that are required to be
made, maintained or kept by any State or local governmental agency.
In Leak v. Union Cnty. Prosecutor’s Office, GRC Complaint No.
2007-148 (Interim Order dated February 25, 2009), the complainant
sought, among other records, crime scene photographs from a 1994
trial. The custodian denied access to the photographs pursuant to
N.J.S.A. 47:1A-1.1 and EO 69. The Council stated in relevant part:
Request Item No. 3 seeks crime scene photographs relating to a
criminal trial in 1994 . . . EO 69, enacted on May 15, 1997,
modified [EO 9] and Executive Order No. 123 (Gov. Kean, 1983). EO
69 holds that: “[t]he following records shall not be deemed to be
public records… pursuant to [OPRA], as amended: fingerprint cards,
plates and photographs and similar criminal investigatory records .
. . required to be made, maintained or kept by any State or local
governmental agency.” (Emphasis added.) N.J.S.A. 47:1A-9(a)
recognizes exemptions from disclosure included in state and federal
statutes, regulations and executive orders. In this complaint, EO
69 explicitly states that criminal investigatory photographs shall
not be deemed to be public records. Therefore, the crime scene
photographs responsive to request Item No. 3 of the Complainant’s
May 5, 2007 OPRA request are exempt from disclosure under OPRA
pursuant to N.J.S.A. 47:1A-9(a) and EO 69. Barkley v. Essex Cnty.
Prosecutor’s Office, GRC Complaint No. 2011-221 (February 2013).

Thank you.

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Township of Neptune to deny access.
At your option, you may either institute a proceeding in the Superior
Court of New Jersey or file a complaint with the Government Records
Council (GRC) by completing the Denial of Access Complaint Form.  You may
contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O.
Box 819, Trenton, NJ, 08625, by e-mail at [1][email address], or at
their web site at [2]www.state.nj.us/grc. The GRC can also answer other
questions about the law.  All questions regarding complaints filed in
Superior Court should be directed to the Court Clerk in your County.

Best,

Dainene Roberts

Township Deputy Clerk & Rent Leveling Board Secretary

Township of Neptune

25 Neptune Blvd

Neptune, NJ 07753

[3][email address]

732.988.5200 Ext. 235

Office Hours

Monday- Friday, 8:00AM-4:00PM

References

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1. mailto:[email address]
2. http://www.state.nj.us/grc
3. mailto:[email address]