Arrest reports of incident case #22-03138
Dear Fair Lawn Police Department,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
Arrest Reports Of Incident case #22-03138
Date:- 06-03-2022
Please include all available documents related to this incident, including but not limited to the arrest report, booking information, and any charges filed.
Yours faithfully,
Pamelina Manna
Thank you. Please allow this email to confirm that we are in receipt of your OPRA Request.
Please note that the Police Chief is NOT the custodian of records and all OPRA requests for the Borough should be directed to me, as the Municipal Clerk.
You will receive a response within 7 full business days.
PLEASE NOTE: OPRA Responses will likely come from Marcy Kissane ([email address]) or Coleen Goddel ([email address]) and not from me. Please also check your SPAM/JUNK folder for your response. Thank you.
Respectfully,
Nick
Nicholas Magarelli, RMC
Municipal Clerk
Borough of Fair Lawn
8-01 Fair Lawn Avenue
Fair Lawn, New Jersey 07410
201-794-5340 – Phone
201-475-1581 – Fax
[email address]
NOTICE OF CONFIDENTIALITY
This message, including any prior messages and attachments, may contain advisory, consultative and/or deliberative material, confidential information or privileged communications of the Borough of Fair Lawn. Access to this message by anyone other than the sender and the intended recipient(s) is unauthorized. If you are not the intended recipient of this message, any disclosure, copying, distribution or action taken or not taken in reliance on it, without the expressed written consent of the Borough, is prohibited. If you have received this message in error, you should not save, scan, transmit, print, use or disseminate this message or any information contained in this message in any way and you should promptly delete or destroy this message and all copies of it. Please notify the sender by return e-mail if you have received this message in error.
-----Original Message-----
From: Glen Cauwels <[Fair Lawn Police Department request email]>
Sent: Monday, April 15, 2024 8:19 AM
To: Nicholas Magarelli <[email address]>
Cc: Michelle Luscombe <[email address]>; Jeff Miller <[email address]>
Subject: FW: OPRA request - Arrest reports of incident case #22-03138
Chief Glen Cauwels
Fair Lawn Police Department
8-01 Fair Lawn Avenue
Fair Lawn, NJ 07410
201-794-5405
NOTICE OF CONFIDENTIALITY
This message, including any prior messages and attachments, may contain advisory, consultative and/or deliberative material, confidential information or privileged communications of the Borough of Fair Lawn. Access to this message by anyone other than the sender and the intended recipient(s) is unauthorized. If you are not the intended recipient of this message, any disclosure, copying, distribution or action taken or not taken in reliance on it, without the expressed written consent of the Borough, is prohibited. If you have received this message in error, you should not save, scan, transmit, print, use or disseminate this message or any information contained in this message in any way and you should promptly delete or destroy this message and all copies of it. Please notify the sender by return e-mail if you have received this message in error.
-----Original Message-----
From: Pamelina Manna [mailto:[OPRA #60704 email]]
Sent: Monday, April 15, 2024 7:59 AM
To: Glen Cauwels <[Fair Lawn Police Department request email]>
Subject: OPRA request - Arrest reports of incident case #22-03138
Dear Fair Lawn Police Department,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
Arrest Reports Of Incident case #22-03138
Date:- 06-03-2022
Please include all available documents related to this incident, including but not limited to the arrest report, booking information, and any charges filed.
Yours faithfully,
Pamelina Manna
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From: Coleen Goddel
Sent: Wednesday, April 24, 2024 10:12 AM
To: 'Pamelina Manna '
Subject: Borough of Fair Lawn OPRA 377-2024
Good morning,
In response to your OPRA Request, attached are redacted responsive
records, including a CAD report, the booking reports, and
Complaint-Warrants/Complaint-Summonses.
- Please be advised that these documents have been redacted to
protect the disclosure of personal identifying information including
social security numbers, driver’s license number, and street addresses
pursuant to N.J.S.A. 47:1A-1, which provides that “a public agency has a
responsibility and an obligation to safeguard from public access a
citizen’s personal information with which it has been entrusted when
disclosure thereof would violate the citizen’s reasonable expectation of
privacy.” Serrano v. South Brunswick Twp., 358 N.J. Super. 352, 368-69
(App. Div. 2003). Moreover, the CAD report has been redacted to protect
expunged records, pursuant to N.J.S.A. 2C:52-15, which prohibits the
disclosure of expunged records. OPRA does not abrogate the provisions of
N.J.S.A. 2C:52-15. N.J.S.A. 47:1A-9a. In addition, “… photographs and
other similar criminal investigation records,” are similarly exempt from
disclosure under OPRA and thus, mugshots found in the booking reports have
been redacted. See Executive Order No. 21 (McGreevey 2002). Finally,
please be advised that the Borough is in possession of an Incident Report
related to the attached CAD report, however this record is exempt from
disclosure because it is a criminal investigatory record, and
specifically, incident reports are protected from disclosure pursuant to
N. Jersey Media Grp., Inc. v. Twp. of Lyndhurst, 229 N.J. 541 (2017) and
Paff v. Ocean Cty. Prosecutor’s Office, 235 N.J. 1 (2018).
This request is now considered closed.
Thank you,
Coleen Goddel, RMC
Deputy Municipal Clerk
Borough of Fair Lawn
8-01 Fair Lawn Avenue
(o) 201-794-5340
(f) 201-475-1581
P Go Green - Please don't print this e-mail unnecessarily.
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NOTICE OF CONFIDENTIALITY
This message, including any prior messages and attachments, may contain
advisory, consultative and/or deliberative material, confidential
information or privileged communications of the Borough of Fair Lawn.
Access to this message by anyone other than the sender and the intended
recipient(s) is unauthorized. If you are not the intended recipient of
this message, any disclosure, copying, distribution or action taken or not
taken in reliance on it, without the expressed written consent of the
Borough, is prohibited. If you have received this message in error, you
should not save, scan, transmit, print, use or disseminate this message or
any information contained in this message in any way and you should
promptly delete or destroy this message and all copies of it. Please
notify the sender by return e-mail if you have received this message in
error.
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