August 2024 Crash Reports
Charlie Kratovil made this OPRA request to New Brunswick City Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear New Brunswick City,
Please accept this electronic request for public records made under NJSA 39:4-131 and the common law right of access.
Records requested:
Copies of all motor vehicle crash reports for all crashes occurring in the month of August 2024.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. Thank you.
Yours faithfully,
Charlie Kratovil
Dear Requestor,
In regards to your OPRA Request assigned OPRA#24.09_780, the Police Department has identified 197 MVA’s reported in the month of August. It takes approximately 3-4 minutes to review and redact an accident report. The accumulated time to review an redact the information on each MVA report would take approximately: 197 x 4 = 788 minutes, or 13.133 hours. The hourly rate of the lowest paid clerk of the police records room is $20.31/hour. 13.133 x 20.31 = $266.73. The estimated total does not include the additional time for a supervisor to review the work of the clerk before the documents can be released.
Kindly advise if you wish to proceed with your request, and if so, a 50% deposit will be required prior to beginning the work. Thank you.
Regards,
Leslie R. Zeledón, City Clerk
Regards,
Leslie R. Zeledón, City Clerk
City of New Brunswick
78 Bayard Street, Rm. 201
New Brunswick, NJ 08901
732.745.5041 (phone)
732.745.5009 (fax)
Dear Ms. Zeledon,
A few things in response to your message.
Firstly, this would be a waste of about 13 hours. The information redacted always appears in the same locations on the forms so the city could simply use a computer program to accomplish all redactions in bulk and it would take just a few minutes to do. Alternatively, you could release unredacted copies.
Secondly, the city already published the reports for the period of August 1-14 on its website, did it not? Subsequent to filing this request, I was able to find those reports online, even though the city has deleted them from its website. As I now have these reports, I withdraw my request as to crashes that occurred from August 1-14 and were posted, albeit briefly, on the city website. My request shall be narrowed to all remaining crash reports for August 2024.
Thirdly, I would respectfully ask you to consider my common law right of access request and release less redacted or unredacted records, and/or waive any special service charges. As you know, I am a reporter covering public safety in New Brunswick, and have been focused on investigating and covering motor vehicle crashes in Middlesex County. Quite simply, crash reports are the best and fundamental source of information on road safety. Without access to these records, it can be hard to understand the extent of the traffic violence and motor vehicle offenses taking place in our city. As recently as this year, my access to crash reports enabled me to reveal to the public the fact that a City Councilwoman had been charged with several motor vehicle offense after a crash. But for the crash report, I would not have known about the case and thus could not write the story that I did. There is a strong public interest in making these records available and little to be gained by the government keeping them secret or inaccessible to the public.
For nearly a decade, the city posted police crash reports on its website at no charge to the public. Only very recently has the city changed this policy, citing recent changes in state law which did not actually require the city to stop posting the unredacted crash reports on its website. By responding to this request with the requested records, they will automatically be posted online for all to see, thus providing and restoring a valuable public service, offering a way to obtain the records online without any request, and thus limiting the NBPD staff time needed to address requests for individual crash reports.
Lastly, I hope you will consider that I am not a wealthy man and New Brunswick Today is not a lucrative enterprise. We simply do not have the financial capacity to pay any significant service charges for records, especially records for which we do not yet know their news value until we get the chance to review them. Respectfully, we ask your office to waive any charge and provide a complete response to my narrowed request for the remaining records. Under the common law, I submit that my interest in obtaining the records at no cost, either through a waiver of the charge or by providing unredacted records, outweighs the government's interest in not releasing the records pursuant to my common law request. Thank you.
Yours sincerely,
Charlie Kratovil
I'm re-sending this message as I never received a response - it is
regarding my OPRA/CL request "August 2024 Crash Reports" -CK
Dear Ms. Zeledon,
A few things in response to your message.
Firstly, this would be a waste of about 13 hours. The information redacted
always appears in the same locations on the forms so the city could simply
use a computer program to accomplish all redactions in bulk and it would
take just a few minutes to do. Alternatively, you could release unredacted
copies.
Secondly, the city already published the reports for the period of August
1-14 on its website, did it not? Subsequent to filing this request, I was
able to find those reports online, even though the city has deleted them
from its website. As I now have these reports, I withdraw my request as to
crashes that occurred from August 1-14 and were posted, albeit briefly, on
the city website. My request shall be narrowed to all remaining crash
reports for August 2024.
Thirdly, I would respectfully ask you to consider my common law right of
access request and release less redacted or unredacted records, and/or
waive any special service charges. As you know, I am a reporter covering
public safety in New Brunswick, and have been focused on investigating and
covering motor vehicle crashes in Middlesex County. Quite simply, crash
reports are the best and fundamental source of information on road safety.
Without access to these records, it can be hard to understand the extent
of the traffic violence and motor vehicle offenses taking place in our
city. As recently as this year, my access to crash reports enabled me to
reveal to the public the fact that a City Councilwoman had been charged
with several motor vehicle offense after a crash. But for the crash
report, I would not have known about the case and thus could not write the
story that I did. There is a strong public interest in making these
records available and little to be gained by the government keeping them
secret or inaccessible to the public.
For nearly a decade, the city posted police crash reports on its website
at no charge to the public. Only very recently has the city changed this
policy, citing recent changes in state law which did not actually require
the city to stop posting the unredacted crash reports on its website. By
responding to this request with the requested records, they will
automatically be posted online for all to see, thus providing and
restoring a valuable public service, offering a way to obtain the records
online without any request, and thus limiting the NBPD staff time needed
to address requests for individual crash reports.
Lastly, I hope you will consider that I am not a wealthy man and New
Brunswick Today is not a lucrative enterprise. We simply do not have the
financial capacity to pay any significant service charges for records,
especially records for which we do not yet know their news value until we
get the chance to review them. Respectfully, we ask your office to waive
any charge and provide a complete response to my narrowed request for the
remaining records. Under the common law, I submit that my interest in
obtaining the records at no cost, either through a waiver of the charge or
by providing unredacted records, outweighs the government's interest in
not releasing the records pursuant to my common law request. Thank you.
Yours sincerely,
Charlie Kratovil
Mr. Kratovil,
I am in receipt of your follow up email. I will need additional time to
review your request. A response will be provided by October 18, 2024.
Regards,
Leslie R. Zeledón, City Clerk
City of New Brunswick
78 Bayard Street, Rm. 201
New Brunswick, NJ 08901
732.745.5041 (phone)
732.745.5009 (fax)
From: Charlie Kratovil <[email address]>
Sent: Tuesday, October 8, 2024 2:22 PM
To: Leslie Zeledon <[New Brunswick City request email]>
Cc: [OPRA #66861 email]
Subject: August 2024 Crash Reports
I'm re-sending this message as I never received a response - it is
regarding my OPRA/CL request "August 2024 Crash Reports" -CK
Dear Ms. Zeledon,
A few things in response to your message.
Firstly, this would be a waste of about 13 hours. The information redacted
always appears in the same locations on the forms so the city could simply
use a computer program to accomplish all redactions in bulk and it would
take just a few minutes to do. Alternatively, you could release unredacted
copies.
Secondly, the city already published the reports for the period of August
1-14 on its website, did it not? Subsequent to filing this request, I was
able to find those reports online, even though the city has deleted them
from its website. As I now have these reports, I withdraw my request as to
crashes that occurred from August 1-14 and were posted, albeit briefly, on
the city website. My request shall be narrowed to all remaining crash
reports for August 2024.
Thirdly, I would respectfully ask you to consider my common law right of
access request and release less redacted or unredacted records, and/or
waive any special service charges. As you know, I am a reporter covering
public safety in New Brunswick, and have been focused on investigating and
covering motor vehicle crashes in Middlesex County. Quite simply, crash
reports are the best and fundamental source of information on road safety.
Without access to these records, it can be hard to understand the extent
of the traffic violence and motor vehicle offenses taking place in our
city. As recently as this year, my access to crash reports enabled me to
reveal to the public the fact that a City Councilwoman had been charged
with several motor vehicle offense after a crash. But for the crash
report, I would not have known about the case and thus could not write the
story that I did. There is a strong public interest in making these
records available and little to be gained by the government keeping them
secret or inaccessible to the public.
For nearly a decade, the city posted police crash reports on its website
at no charge to the public. Only very recently has the city changed this
policy, citing recent changes in state law which did not actually require
the city to stop posting the unredacted crash reports on its website. By
responding to this request with the requested records, they will
automatically be posted online for all to see, thus providing and
restoring a valuable public service, offering a way to obtain the records
online without any request, and thus limiting the NBPD staff time needed
to address requests for individual crash reports.
Lastly, I hope you will consider that I am not a wealthy man and New
Brunswick Today is not a lucrative enterprise. We simply do not have the
financial capacity to pay any significant service charges for records,
especially records for which we do not yet know their news value until we
get the chance to review them. Respectfully, we ask your office to waive
any charge and provide a complete response to my narrowed request for the
remaining records. Under the common law, I submit that my interest in
obtaining the records at no cost, either through a waiver of the charge or
by providing unredacted records, outweighs the government's interest in
not releasing the records pursuant to my common law request. Thank you.
Yours sincerely,
Charlie Kratovil
Dear Mr. Kratovil,
Kindly be advised that the New Brunswick Police Department recently
conducted a comprehensive review of the recent changes to N.J.SA. 47:1A-1
et seq., commonly referred to the NJ Open Public Records Act and other
state statutes as they relate to requests for motor vehicle accident
reports. Based on that review it has been determined that the controlling
statutory law is N.J.S.A. 39:4-131, which specifically states that written
or electronic reports required to be prepared by law enforcement officers
and the information contained therein shall not be privileged or held
confidential. Every citizen of this State shall have the right, during
regular business hours and under supervision, to inspect and copy such
reports and shall also have the right in person to purchase copies of the
reports at the same fee established by section 6 of [1]P.L.2001,
c.404 ([2]C.47:1A-5). If copies of reports are requested other than in
person, an additional fee of up to $5 may be added to cover the
administrative costs of the report.
We apologize for any confusion, but please disregard our previous position
that the reports were subject to redaction and would require a special
service charge. Going forward any and all requests for motor vehicle
accident reports, other than in person, will be subject to a $5.00 fee per
report pursuant to the referenced motor vehicle statute and our municipal
ordinance, 3.28.110. Thank you.
Best Regards,
Shalon T. Bennett, RMC
Deputy Clerk
City of New Brunswick
City Clerk’s Office Rm 201
78 Bayard Street
New Brunswick, NJ 08901
(732) 745-5041 (phone)
(732) 745-5009 (fax)
From: Leslie Zeledon <[New Brunswick City request email]>
Sent: Tuesday, October 8, 2024 5:08 PM
To: Charlie Kratovil <[email address]>
Cc: [OPRA #66861 email]; Deputy Clerk
Deputy Clerk <[email address]>
Subject: OPRA24.09_780 Response #2
Mr. Kratovil,
I am in receipt of your follow up email. I will need additional time to
review your request. A response will be provided by October 18, 2024.
Regards,
Leslie R. Zeledón, City Clerk
City of New Brunswick
78 Bayard Street, Rm. 201
New Brunswick, NJ 08901
732.745.5041 (phone)
732.745.5009 (fax)
From: Charlie Kratovil <[3][email address]>
Sent: Tuesday, October 8, 2024 2:22 PM
To: Leslie Zeledon <[4][New Brunswick City request email]>
Cc: [5][OPRA #66861 email]
Subject: August 2024 Crash Reports
I'm re-sending this message as I never received a response - it is
regarding my OPRA/CL request "August 2024 Crash Reports" -CK
Dear Ms. Zeledon,
A few things in response to your message.
Firstly, this would be a waste of about 13 hours. The information redacted
always appears in the same locations on the forms so the city could simply
use a computer program to accomplish all redactions in bulk and it would
take just a few minutes to do. Alternatively, you could release unredacted
copies.
Secondly, the city already published the reports for the period of August
1-14 on its website, did it not? Subsequent to filing this request, I was
able to find those reports online, even though the city has deleted them
from its website. As I now have these reports, I withdraw my request as to
crashes that occurred from August 1-14 and were posted, albeit briefly, on
the city website. My request shall be narrowed to all remaining crash
reports for August 2024.
Thirdly, I would respectfully ask you to consider my common law right of
access request and release less redacted or unredacted records, and/or
waive any special service charges. As you know, I am a reporter covering
public safety in New Brunswick, and have been focused on investigating and
covering motor vehicle crashes in Middlesex County. Quite simply, crash
reports are the best and fundamental source of information on road safety.
Without access to these records, it can be hard to understand the extent
of the traffic violence and motor vehicle offenses taking place in our
city. As recently as this year, my access to crash reports enabled me to
reveal to the public the fact that a City Councilwoman had been charged
with several motor vehicle offense after a crash. But for the crash
report, I would not have known about the case and thus could not write the
story that I did. There is a strong public interest in making these
records available and little to be gained by the government keeping them
secret or inaccessible to the public.
For nearly a decade, the city posted police crash reports on its website
at no charge to the public. Only very recently has the city changed this
policy, citing recent changes in state law which did not actually require
the city to stop posting the unredacted crash reports on its website. By
responding to this request with the requested records, they will
automatically be posted online for all to see, thus providing and
restoring a valuable public service, offering a way to obtain the records
online without any request, and thus limiting the NBPD staff time needed
to address requests for individual crash reports.
Lastly, I hope you will consider that I am not a wealthy man and New
Brunswick Today is not a lucrative enterprise. We simply do not have the
financial capacity to pay any significant service charges for records,
especially records for which we do not yet know their news value until we
get the chance to review them. Respectfully, we ask your office to waive
any charge and provide a complete response to my narrowed request for the
remaining records. Under the common law, I submit that my interest in
obtaining the records at no cost, either through a waiver of the charge or
by providing unredacted records, outweighs the government's interest in
not releasing the records pursuant to my common law request. Thank you.
Yours sincerely,
Charlie Kratovil
References
Visible links
1. https://link.edgepilot.com/s/d7a28a89/mn...
2. https://link.edgepilot.com/s/d7a28a89/mn...
3. mailto:[email address]
4. mailto:[New Brunswick City request email]
5. mailto:[OPRA #66861 email]
Dear New Brunswick City Clerk's Office,
Thanks for your reply. Please be advised I've had the opportunity to review your revised response to my request for crash reports. It appears the city's municipal ordinance 3.28.110 includes fees that illegally exceed the fees permitted under state law.
While I disagree that one statute is "controlling" as opposed to both statutes being in effect, the state law you claim is the controlling one (N.J.S.A. 39:4-131) clearly references that citizens have "the right in person to purchase copies of the reports at the same fee established by" the OPRA. As you know, the OPRA indicates the maximum fee is $0.05 per letter size page or smaller.
However, the municipal ordinance you cite indicates that someone who inspects crash reports in person can obtain copies of those reports for a fee of $0.75 per page for the first through tenth pages. Perhaps this ordinance needs to be repealed or amended/updated to reflect the current maximum copy fees allowed.
I also take issue with the arbitrary decision to charge $5 for each report, when the state statute specifically says "an additional fee of UP TO $5 may be added to cover the administrative costs of the report" (emphasis added). I don't see how there could possibly be $5 worth of administrative costs associated with emailing someone a single crash report. Similar to the above issue, the fee schedules in the ordinance are very outdated, and do not comport with the current state laws on this topic. I'll pursue the issues further with the Police Department and/or Law Department if necessary. Thank you for looking into this.
Yours faithfully,
Charlie Kratovil