Good morning.

I am in receipt of your OPRA request dated February 3, 2023 for “BWC and
in-vehicle camera footage from Route 9 accident on 4/19/22.”

Your request is denied as it fails to specifically identify governments
records and amounts to an invalid request for research through all files
of the Police Department. “[A]  proper request under OPRA must identify
with reasonable clarity those documents that are desired, and a party
cannot satisfy this requirement by simply requesting all of the agency’s
documents.” Bent v. Stafford Police Department, 381 N.J. Super. 30, 37
(App.Div.2005) . Furthermore, the New Jersey Superior Court has held that
“[w]hile OPRA provides an alternative means of access to government
documents not otherwise exempted from its reach, it is not intended as a
research tool litigants may use to force government officials to identify
and siphon useful information. Rather, OPRA simply operates to make
identifiable government records ‘readily accessible for inspection,
copying, or examination.’ N.J.S.A. 47:1A-1. “MAG Entertainment, LLC v.
Division of Alcoholic Beverage Control, 375 NJ.Super. 534, 546
(App.Div.2005).  “Pursuant to [MAG], the Custodian is obligated to search
her files to find the identifiable government records listed in the
Complainant’s OPRA request . . . .  However, the Custodian is not required
to research her files to figure out which records, if any, might be the
responsive to a broad or unclear OPRA request.” Donato v. Township of
Union,
GRC Complaint No. 20-05-182 (February 2007).

I must, therefore request that you clarify your request as there were
multiple accidents reported on the date in question.

Best regards,

Lt. Kenneth S. Kleinman (ret)  CPM

Custodian of Police Records

Freehold Township Police Dept.

Records Bureau

1 Municipal Plaza

Freehold, New Jersey   07728

(732) 294-2112 (desk)

(732) 294-2116 (records main)

(732) 308-9115 (fax)

[1]Patch Logo

CONFIDENTIALITY NOTICE:  This Email and any attachments thereto are
intended for the exclusive use of the addressee. The information contained
herein may be privileged, confidential or otherwise exempt from disclosure
by applicable laws, rules or regulations.  If you have received this Email
in error and are not the intended recipient, you are hereby placed on
notice that any use, distribution, copying or dissemination of this
communication is strictly prohibited. If you have received this in error
please notify the sender immediately at (732) 294-2112 and delete this
Email and any attachments immediately.  Thank you for your anticipated
cooperation.

References

Visible links

This incident is currently under investigation and under the auspices of the Monmouth County Prosecutor's Office. You must make your inquiry to that agency for further information.

Best regards,

Lt. Kenneth S. Kleinman (ret)  CPM
Custodian of Police Records
Freehold Township Police Dept.
Records Bureau
1 Municipal Plaza
Freehold, New Jersey   07728
(732) 294-2112 (desk)
(732) 294-2116 (records main)
(732) 308-9115 (fax)

CONFIDENTIALITY NOTICE:  This Email and any attachments thereto are intended for the exclusive use of the addressee. The information contained herein may be privileged, confidential or otherwise exempt from disclosure by applicable laws, rules or regulations.  If you have received this Email in error and are not the intended recipient, you are hereby placed on notice that any use, distribution, copying or dissemination of this communication is strictly prohibited. If you have received this in error please notify the sender immediately at (732) 294-2112 and delete this Email and any attachments immediately.  Thank you for your anticipated cooperation.

show quoted sections