Dear Berkeley Heights Township,

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:

1. Current status of Chief Jason Massimino.

2. Official findings of any internal affairs investigations and current charges or pending charges against Chief Jason Massimino.

3. Public disclosure of sustained offenses which will be made public as per NJ Attorney General's Major Discipline reporting procedures.

From January 1, 2023 - Present:

3. Length of suspension prior to resigning from the position of Chief of Berkley Heights.

4. Township minutes of personnel actions concerning Chief Jason Massimino

Yours faithfully,

Concerned Citizen

Dear Ana Minkoff,

Thank you for your response however, you have not provided the necessary materials requested.

Part of my request is the public disclosure of any sustained offenses. Please see below.

2. REQUEST - Official findings of any internal affairs investigations and current charges or pending charges against Chief Jason Massimino. -

RESPONSE - Internal affairs investigatory materials are not subject to disclosure under OPRA.
Rivera v. Union County. Prosecutor’s Office, 250 N.J. 124 (2022). Subject to the foregoing, the Township states that it has no responsive documents to produce.

As per Attorney General Law Enforcement Directive No. 2022 - 14, which sites Rivera v. Union County, and in the interest of transparency as well as public trust, you are compelled to release a redacted version of the Internal Affairs record or, at minimum, the sustained findings. These are requested under the common law right to know. The State of NJ requires that all major discipline be reported and made available to the public after January 1, 2023.

Length of suspension is not covered under a personnel matter as that is potentially part of the discipline.

The fact that the township minutes are currently a draft document, does not afford the township the opportunity to never disclose them.

I have been a township resident for over 30 years. Clearly SOMETHING happened here that is being kept secret from the public.

Please let me know if you are refusing to release all requested documents so that I may contact the appropriate agencies. Thank you for your time.

Yours sincerely,

Concerned citizen

Dear Ana Minkoff,

Thank you for your response however, you have not provided the necessary materials requested.

Part of my request is the public disclosure of any sustained offenses. Please see below.

2. REQUEST - Official findings of any internal affairs investigations and current charges or pending charges against Chief Jason Massimino. -

RESPONSE - Internal affairs investigatory materials are not subject to disclosure under OPRA.
Rivera v. Union County. Prosecutor’s Office, 250 N.J. 124 (2022). Subject to the foregoing, the Township states that it has no responsive documents to produce.

As per Attorney General Law Enforcement Directive No. 2022 - 14, which sites Rivera v. Union County, and in the interest of transparency as well as public trust, you are compelled to release a redacted version of the Internal Affairs record or, at minimum, the sustained findings. These are requested under the common law right to know. The State of NJ requires that all major discipline be reported and made available to the public after January 1, 2023.

Length of suspension is not covered under a personnel matter as that is potentially part of the discipline.

The fact that the township minutes are currently a draft document, does not afford the township the opportunity to never disclose them.

I have been a township resident for over 30 years. Clearly SOMETHING happened here that is being kept secret from the public.

Please let me know if you are refusing to release all requested documents so that I may contact the appropriate agencies. Thank you for your time.

Yours sincerely,

Concerned Citizen