BWC Footage & Information, Reports, Officer Photo, & Officer Health Records
Dear Rutgers University,
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) A fully annotated spreadsheet and/or fully annotated logs of information, for the following video file, which was sent from Jewell Battle on Sept 22, 2021 in response to an OPRA request, and its master record (the original recording):
Ikena_3951_113.processed.fts-00-00-00.enh.avi
(These annotations will include all file metadata for Ikena_3951_113.processed.fts-00-00-00.enh.avi, all file metadata for its master record, and all file metadata for any and all available videos and/or audio recordings used to create Ikena_3951_113.processed.fts-00-00-00.enh.avi from its master record, as well as a list of every LEO or third party who accessed each file, the reason, the date and time of access, and the act performed each time, e.g., "preparing the video for an OPRA request response."
2) Incident Report # 19RNO1602
3) Field Arrest Report for Arrest Number 19-A-00183
4) Incident Report # 20RN00202
5) Photo identification of the face of Captain Alex Rabar
6) All available BWC footage recorded by officer #3951 between 8/18/2019 and 10/18/2019
7) All available BWC footage recorded by officer #3951 between 10/17/2019 and 12/31/2019
8) All available BWC footage recorded by officer #3951 between 1/1/2020 and 3/1/2020
9) All available BWC footage recorded by officer #3951 between 1/1/2021 and 3/1/2021
10) The make, model, and serial number of all BWC's used by officer #3951 between 8/18/2019 and 10/18/2019
11) The make, model, and serial number of all BWC's used by officer #3951 between 10/17/2019 and 12/31/2019
12) The make, model, and serial number of all BWC's used by officer #3951 between 1/1/2020 and 3/1/2020
13) The make, model, and serial number of all BWC's used by officer #3951 between 1/1/2021 and 3/1/2021
14) All available BWC footage recorded by officer #9013 between 10/1/2019 and 10/18/2019
15) All available BWC footage recorded by officer #3821 between 10/1/2019 and 10/18/2019
16) All available BWC footage recorded by officer #3830 between 10/1/2019 and 10/18/2019
17) Any and all physical fitness and mental health test and assessment results and diagnoses for officer #3814, which are on file. (If these records certainly do not exist, please respond accordingly, just as you should with anything else. Also though, if they certainly, for all we know, *may* exist but, for one reason or another, might not be accessible, please feel free to let me know as well.)
...
If you find this request excessive in anyway, let me know, so I can make revisions as necessary, and, regardless and as always, please be acceptably forthcoming and transparent, while providing all available information, even if *all* information cannot currently be provided.
Thank you for signing up for this job. Please excuse my typos and, if needed, ask me for clarification.
Patrick Kelly
Dear Charlie Kratovil,
Thank you for registering with Rutgers, The State University of New
Jersey Open Public Records Center, an online, public portal. Below you
will find your portal login and password information .
Login: [OPRA #26118 email]
If you have never used this system or cannot remember your password, you
may request a [1]Temporary Password
If you are a first time user and did not submit your request through the
public portal but are receiving this e-mail, an account has been created
for you with the login and password listed above. At this account you can
access, track and receive any documents in response to your request.
Please log in to the [2]Rutgers University Open Public Records Center and
then "My Request Center" to update any contact or password information on
your account and to view your request.
The University Custodian of Records will contact you if there are
questions regarding your request or provide you a response. If you have
questions, you may contact the OPRA Administrator at 973.972.1887.
Thank you again for registering with the Rutgers University Open Public
Records Center.
This is an auto-generated email and has originated from an [3]GovQA
unmonitored email account. Please DO NOT REPLY. logo
References
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2. https://rutgers.mycusthelp.com/WEBAPP/_r...
Dear Kratovil:
Thank you for submitting your request for government records of Rutgers,
The State University of New Jersey. Your request has been received and is
being processed in accordance with the New Jersey Open Public Records Act
(OPRA), NJSA 47:1 et seq. Your request was received through the online,
public portal [1]Rutgers University Open Public Records Center of this
office on 9/25/2021 and given the reference number R006879-092521.
Your request will be forwarded to the Office of the Custodian of
Records for review and processing, including determining the volume of
responsive documents and any potential costs associated with satisfying
your request. Please note, the N.J. Open Public Records Act does not
require the University to create new documents, to conduct research, or to
answer questions for information.
Records Requested: Dear Rutgers University, 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) A fully annotated spreadsheet and/or fully
annotated logs of information, for the following video file, which was
sent from Jewell Battle on Sept 22, 2021 in response to an OPRA request,
and its master record (the original recording):
Ikena_3951_113.processed.fts-00-00-00.enh.avi (These annotations will
include all file metadata for
Ikena_3951_113.processed.fts-00-00-00.enh.avi, all file metadata for its
master record, and all file metadata for any and all available videos
and/or audio recordings used to create
Ikena_3951_113.processed.fts-00-00-00.enh.avi from its master record, as
well as a list of every LEO or third party who accessed each file, the
reason, the date and time of access, and the act performed each time,
e.g., "preparing the video for an OPRA request response." 2) Incident
Report # 19RNO1602 3) Field Arrest Report for Arrest Number 19-A-00183 4)
Incident Report # 20RN00202 5) Photo identification of the face of Captain
Alex Rabar 6) All available BWC footage recorded by officer #3951 between
8/18/2019 and 10/18/2019 7) All available BWC footage recorded by officer
#3951 between 10/17/2019 and 12/31/2019 8) All available BWC footage
recorded by officer #3951 between 1/1/2020 and 3/1/2020 9) All available
BWC footage recorded by officer #3951 between 1/1/2021 and 3/1/2021 10)
The make, model, and serial number of all BWC's used by officer #3951
between 8/18/2019 and 10/18/2019 11) The make, model, and serial number of
all BWC's used by officer #3951 between 10/17/2019 and 12/31/2019 12) The
make, model, and serial number of all BWC's used by officer #3951 between
1/1/2020 and 3/1/2020 13) The make, model, and serial number of all BWC's
used by officer #3951 between 1/1/2021 and 3/1/2021 14) All available BWC
footage recorded by officer #9013 between 10/1/2019 and 10/18/2019 15) All
available BWC footage recorded by officer #3821 between 10/1/2019 and
10/18/2019 16) All available BWC footage recorded by officer #3830 between
10/1/2019 and 10/18/2019 17) Any and all physical fitness and mental
health test and assessment results and diagnoses for officer #3814, which
are on file. (If these records certainly do not exist, please respond
accordingly, just as you should with anything else. Also though, if they
certainly, for all we know, *may* exist but, for one reason or another,
might not be accessible, please feel free to let me know as well.) ... If
you find this request excessive in anyway, let me know, so I can make
revisions as necessary, and, regardless and as always, please be
acceptably forthcoming and transparent, while providing all available
information, even if *all* information cannot currently be provided. Thank
you for signing up for this job. Please excuse my typos and, if needed,
ask me for clarification. Patrick Kelly
------------------------------------------------------------------- Please
use deliver records electronically via email to the below UNIQUE address
for all replies to this request:
[OPRA #26118 email] Is
[Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...
View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed. If you find this service useful as an OPRA custodian, please
ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------
The Office of the Custodian of Records uses the [2]Rutgers University Open
Public Records Center to communicate with you, respond to and track all
open public records requests. If you have submitted your request
electronically through Rutgers Open Public Records Center portal, you have
already been required to create an account.
Notice to First Time Portal Users:
If you are a first time user and did not submit your request through the
public portal, you are receiving this request because the Rutgers Office
of the Custodian has created an account for you at the [3]Rutgers
University Open Public Records Center .
To access your account and view your request:
1.Go to: [4]Rutgers University Open Public Records Center.
2. Select/open "My Records Center"
3. Enter your email and password as provided in your previously received
Welcome Letter.
You can monitor your request through the [5]Rutgers University Open Public
Records Center at "My Request Center."
Thank you and if you have questions, you may contact the OPRA
Administrator at (973) 972-1981.
Rutgers, The State University of New Jersey
University Custodian of Records
Office of Enterprise Risk Management, Ethics and Compliance
65 Bergen Street, Ste. 1346
Newark, New Jersey 07101-1709
Phone: (973) 972-1981
Fax: (973) 972-2396
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...
4. https://u8387795.ct.sendgrid.net/ls/clic...
5. https://u8387795.ct.sendgrid.net/ls/clic...
--- Please respond above this line ---
Reference: Rutgers Open Public Records Request # R006879-092521
Dear Kelly,
Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On September 25, 2021, this office received your request for the
following:
“Dear Rutgers University,
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) A fully annotated spreadsheet and/or fully annotated logs of
information, for the following video file, which was sent from Jewell
Battle on Sept 22, 2021 in response to an OPRA request, and its master
record (the original recording):
Ikena_3951_113.processed.fts-00-00-00.enh.avi
(These annotations will include all file metadata for
Ikena_3951_113.processed.fts-00-00-00.enh.avi, all file metadata for its
master record, and all file metadata for any and all available videos
and/or audio recordings used to create
Ikena_3951_113.processed.fts-00-00-00.enh.avi from its master record, as
well as a list of every LEO or third party who accessed each file, the
reason, the date and time of access, and the act performed each time,
e.g., "preparing the video for an OPRA request response."
2) Incident Report # 19RNO1602
3) Field Arrest Report for Arrest Number 19-A-00183
4) Incident Report # 20RN00202
5) Photo identification of the face of Captain Alex Rabar
6) All available BWC footage recorded by officer #3951 between 8/18/2019
and 10/18/2019
7) All available BWC footage recorded by officer #3951 between 10/17/2019
and 12/31/2019
8) All available BWC footage recorded by officer #3951 between 1/1/2020
and 3/1/2020
9) All available BWC footage recorded by officer #3951 between 1/1/2021
and 3/1/2021
10) The make, model, and serial number of all BWC's used by officer #3951
between 8/18/2019 and 10/18/2019
11) The make, model, and serial number of all BWC's used by officer #3951
between 10/17/2019 and 12/31/2019
12) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2020 and 3/1/2020
13) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2021 and 3/1/2021
14) All available BWC footage recorded by officer #9013 between 10/1/2019
and 10/18/2019
15) All available BWC footage recorded by officer #3821 between 10/1/2019
and 10/18/2019
16) All available BWC footage recorded by officer #3830 between 10/1/2019
and 10/18/2019
17) Any and all physical fitness and mental health test and assessment
results and diagnoses for officer #3814, which are on file. (If these
records certainly do not exist, please respond accordingly, just as you
should with anything else. Also though, if they certainly, for all we
know, *may* exist but, for one reason or another, might not be accessible,
please feel free to let me know as well.)
...
If you find this request excessive in anyway, let me know, so I can make
revisions as necessary, and, regardless and as always, please be
acceptably forthcoming and transparent, while providing all available
information, even if *all* information cannot currently be provided.
Thank you for signing up for this job. Please excuse my typos and, if
needed, ask me for clarification.
Patrick Kelly
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #26118 email]
Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...
View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.
-------------------------------------------------------------------”
The University has reviewed your request and requires an extension
until October 18, 2021. If you have any questions or concerns, please
contact me at my office at 973.972.1981.
Sincerely,
Jewell Battle
University Custodian of Records
Rutgers, The State University of New Jersey
973.972.1981
To monitor the progress or update this request please log into the [1]Open
Public Records Center.
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
--- Please respond above this line ---
Reference: Rutgers Open Public Records Request, # R006879-092521
Dear Kelly,
Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On September 25, 2021, this office received your request for the
following:
“Dear Rutgers University,
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) A fully annotated spreadsheet and/or fully annotated logs of
information, for the following video file, which was sent from Jewell
Battle on Sept 22, 2021 in response to an OPRA request, and its master
record (the original recording):
Ikena_3951_113.processed.fts-00-00-00.enh.avi
(These annotations will include all file metadata for
Ikena_3951_113.processed.fts-00-00-00.enh.avi, all file metadata for its
master record, and all file metadata for any and all available videos
and/or audio recordings used to create
Ikena_3951_113.processed.fts-00-00-00.enh.avi from its master record, as
well as a list of every LEO or third party who accessed each file, the
reason, the date and time of access, and the act performed each time,
e.g., "preparing the video for an OPRA request response."
2) Incident Report # 19RNO1602
3) Field Arrest Report for Arrest Number 19-A-00183
4) Incident Report # 20RN00202
5) Photo identification of the face of Captain Alex Rabar
6) All available BWC footage recorded by officer #3951 between 8/18/2019
and 10/18/2019
7) All available BWC footage recorded by officer #3951 between 10/17/2019
and 12/31/2019
8) All available BWC footage recorded by officer #3951 between 1/1/2020
and 3/1/2020
9) All available BWC footage recorded by officer #3951 between 1/1/2021
and 3/1/2021
10) The make, model, and serial number of all BWC's used by officer #3951
between 8/18/2019 and 10/18/2019
11) The make, model, and serial number of all BWC's used by officer #3951
between 10/17/2019 and 12/31/2019
12) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2020 and 3/1/2020
13) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2021 and 3/1/2021
14) All available BWC footage recorded by officer #9013 between 10/1/2019
and 10/18/2019
15) All available BWC footage recorded by officer #3821 between 10/1/2019
and 10/18/2019
16) All available BWC footage recorded by officer #3830 between 10/1/2019
and 10/18/2019
17) Any and all physical fitness and mental health test and assessment
results and diagnoses for officer #3814, which are on file. (If these
records certainly do not exist, please respond accordingly, just as you
should with anything else. Also though, if they certainly, for all we
know, *may* exist but, for one reason or another, might not be accessible,
please feel free to let me know as well.)
...
If you find this request excessive in anyway, let me know, so I can make
revisions as necessary, and, regardless and as always, please be
acceptably forthcoming and transparent, while providing all available
information, even if *all* information cannot currently be provided.
Thank you for signing up for this job. Please excuse my typos and, if
needed, ask me for clarification.
Patrick Kelly
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #26118 email]
Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...
View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.
-------------------------------------------------------------------”
The University is continuing to process your request and requires an
extension until has reviewed your request and requires an extension until
October 27, 2021. In the meantime, are you available to discuss your
request via phone? If you have any questions or concerns, please contact
me at my office at 973.972.1981.
Sincerely,
Jewell Battle
University Custodian of Records
Rutgers, The State University of New Jersey
973.972.1981
To monitor the progress or update this request please log into the [1]Open
Public Records Center.
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
Attachments:
[1]19-A-00183_Redacted.pdf
--- Please respond above this line ---
Reference: Rutgers Open Public Records Request, # R006879-092521
Dear Kelly,
Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On September 25, 2021, this office received your request for the
following:
“Dear Rutgers University,
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) A fully annotated spreadsheet and/or fully annotated logs of
information, for the following video file, which was sent from Jewell
Battle on Sept 22, 2021 in response to an OPRA request, and its master
record (the original recording):
Ikena_3951_113.processed.fts-00-00-00.enh.avi
(These annotations will include all file metadata for
Ikena_3951_113.processed.fts-00-00-00.enh.avi, all file metadata for its
master record, and all file metadata for any and all available videos
and/or audio recordings used to create
Ikena_3951_113.processed.fts-00-00-00.enh.avi from its master record, as
well as a list of every LEO or third party who accessed each file, the
reason, the date and time of access, and the act performed each time,
e.g., "preparing the video for an OPRA request response."
2) Incident Report # 19RNO1602
3) Field Arrest Report for Arrest Number 19-A-00183
4) Incident Report # 20RN00202
5) Photo identification of the face of Captain Alex Rabar
6) All available BWC footage recorded by officer #3951 between 8/18/2019
and 10/18/2019
7) All available BWC footage recorded by officer #3951 between 10/17/2019
and 12/31/2019
8) All available BWC footage recorded by officer #3951 between 1/1/2020
and 3/1/2020
9) All available BWC footage recorded by officer #3951 between 1/1/2021
and 3/1/2021
10) The make, model, and serial number of all BWC's used by officer #3951
between 8/18/2019 and 10/18/2019
11) The make, model, and serial number of all BWC's used by officer #3951
between 10/17/2019 and 12/31/2019
12) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2020 and 3/1/2020
13) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2021 and 3/1/2021
14) All available BWC footage recorded by officer #9013 between 10/1/2019
and 10/18/2019
15) All available BWC footage recorded by officer #3821 between 10/1/2019
and 10/18/2019
16) All available BWC footage recorded by officer #3830 between 10/1/2019
and 10/18/2019
17) Any and all physical fitness and mental health test and assessment
results and diagnoses for officer #3814, which are on file. (If these
records certainly do not exist, please respond accordingly, just as you
should with anything else. Also though, if they certainly, for all we
know, *may* exist but, for one reason or another, might not be accessible,
please feel free to let me know as well.)
...
If you find this request excessive in anyway, let me know, so I can make
revisions as necessary, and, regardless and as always, please be
acceptably forthcoming and transparent, while providing all available
information, even if *all* information cannot currently be provided.
Thank you for signing up for this job. Please excuse my typos and, if
needed, ask me for clarification.
Patrick Kelly
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #26118 email]
Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...
View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.
-------------------------------------------------------------------”
The University has reviewed your request. The responsive document(s) is
available to you through the Rutgers University Open Records Center:
3) Field Arrest Report for Arrest Number 19-A-00183 (attached) Please
note, the responsive record has been redacted due to privacy concerns
N.J.S.A. 47:1A-1.1.1. OPRA specifically places on the University “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 (App.
Div. 2003). New Jersey courts and the Government Records Council (“GRC”)
have consistently held that an individual has a reasonable expectation of
privacy in keeping his or her address out of the public domain. In Doe v.
Poritz, 142 N.J. 1, 82 (1995), the New Jersey Supreme Court acknowledged
that disclosure of an individual’s home address, or other personally
identifiable information, invokes privacy concerns, particularly when such
disclosure could result in “unsolicited contact or intrusion.” In order to
uphold the University’s obligations to protect an individual’s reasonable
expectation of privacy, we have redacted any and all personally
identifying information.
Please log in to the [2]Records Center and "My Request Center" to retrieve
the appropriate responsive document(s). The document(s) is also attached
to this email for your convenience. The University is still processing the
remainder of your request and requires an extension until November 5,
2021.
If your request has been denied, you may take your appeal to the New
Jersey Government Records Council (NJGRC), which has mediation and dispute
resolution procedures, or you may file a lawsuit with the New Jersey
Superior Court, as provided by N.J.S.A. 47:1A-1, et seq. Your rights of
appeal is provided with this letter at [3]Public Facing Pages of the
Rutgers University Open Public Records Request Center. You may also review
the brochure at the [4]Rutgers Custodian of Records page or visit the
[5]NJGRC page.
If you have any questions, or wish to discuss this further, you may
contact my office at 973.972.1981.
Sincerely,
Jewell Battle
University Custodian of Records
Rutgers, The State University of New Jersey
973.972.1981
To monitor the progress or update this request please log into the [6]Open
Public Records Center.
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
2. https://u8387795.ct.sendgrid.net/ls/clic...
3. https://u8387795.ct.sendgrid.net/ls/clic...
4. https://u8387795.ct.sendgrid.net/ls/clic...
5. https://u8387795.ct.sendgrid.net/ls/clic...
6. https://u8387795.ct.sendgrid.net/ls/clic...
--- Please respond above this line ---
Reference: Rutgers Open Public Records Request # R006879-092521
Dear Kelly,
Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On September 25, 2021, this office received your request for the
following:
“Dear Rutgers University,
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) A fully annotated spreadsheet and/or fully annotated logs of
information, for the following video file, which was sent from Jewell
Battle on Sept 22, 2021 in response to an OPRA request, and its master
record (the original recording):
Ikena_3951_113.processed.fts-00-00-00.enh.avi
(These annotations will include all file metadata for
Ikena_3951_113.processed.fts-00-00-00.enh.avi, all file metadata for its
master record, and all file metadata for any and all available videos
and/or audio recordings used to create
Ikena_3951_113.processed.fts-00-00-00.enh.avi from its master record, as
well as a list of every LEO or third party who accessed each file, the
reason, the date and time of access, and the act performed each time,
e.g., "preparing the video for an OPRA request response."
2) Incident Report # 19RNO1602
3) Field Arrest Report for Arrest Number 19-A-00183
4) Incident Report # 20RN00202
5) Photo identification of the face of Captain Alex Rabar
6) All available BWC footage recorded by officer #3951 between 8/18/2019
and 10/18/2019
7) All available BWC footage recorded by officer #3951 between 10/17/2019
and 12/31/2019
8) All available BWC footage recorded by officer #3951 between 1/1/2020
and 3/1/2020
9) All available BWC footage recorded by officer #3951 between 1/1/2021
and 3/1/2021
10) The make, model, and serial number of all BWC's used by officer #3951
between 8/18/2019 and 10/18/2019
11) The make, model, and serial number of all BWC's used by officer #3951
between 10/17/2019 and 12/31/2019
12) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2020 and 3/1/2020
13) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2021 and 3/1/2021
14) All available BWC footage recorded by officer #9013 between 10/1/2019
and 10/18/2019
15) All available BWC footage recorded by officer #3821 between 10/1/2019
and 10/18/2019
16) All available BWC footage recorded by officer #3830 between 10/1/2019
and 10/18/2019
17) Any and all physical fitness and mental health test and assessment
results and diagnoses for officer #3814, which are on file. (If these
records certainly do not exist, please respond accordingly, just as you
should with anything else. Also though, if they certainly, for all we
know, *may* exist but, for one reason or another, might not be accessible,
please feel free to let me know as well.)
...
If you find this request excessive in anyway, let me know, so I can make
revisions as necessary, and, regardless and as always, please be
acceptably forthcoming and transparent, while providing all available
information, even if *all* information cannot currently be provided.
Thank you for signing up for this job. Please excuse my typos and, if
needed, ask me for clarification.
Patrick Kelly
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #26118 email]
Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...
View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.
-------------------------------------------------------------------”
The University has reviewed your request and requires an extension
until November 18, 2021. If you have any questions or concerns, please
contact me at my office at 973.972.1981.
Sincerely,
Jewell Battle
University Custodian of Records
Rutgers, The State University of New Jersey
973.972.1981
To monitor the progress or update this request please log into the [1]Open
Public Records Center.
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
Attachments:
[1]19-A-00183_Redacted.pdf
--- Please respond above this line ---
Reference: Rutgers Open Public Records Request, # R006879-092521
Dear Kelly,
Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On September 25, 2021, this office received your request for the
following:
“Dear Rutgers University,
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) A fully annotated spreadsheet and/or fully annotated logs of
information, for the following video file, which was sent from Jewell
Battle on Sept 22, 2021 in response to an OPRA request, and its master
record (the original recording):
Ikena_3951_113.processed.fts-00-00-00.enh.avi
(These annotations will include all file metadata for
Ikena_3951_113.processed.fts-00-00-00.enh.avi, all file metadata for its
master record, and all file metadata for any and all available videos
and/or audio recordings used to create
Ikena_3951_113.processed.fts-00-00-00.enh.avi from its master record, as
well as a list of every LEO or third party who accessed each file, the
reason, the date and time of access, and the act performed each time,
e.g., "preparing the video for an OPRA request response."
2) Incident Report # 19RNO1602
3) Field Arrest Report for Arrest Number 19-A-00183
4) Incident Report # 20RN00202
5) Photo identification of the face of Captain Alex Rabar
6) All available BWC footage recorded by officer #3951 between 8/18/2019
and 10/18/2019
7) All available BWC footage recorded by officer #3951 between 10/17/2019
and 12/31/2019
8) All available BWC footage recorded by officer #3951 between 1/1/2020
and 3/1/2020
9) All available BWC footage recorded by officer #3951 between 1/1/2021
and 3/1/2021
10) The make, model, and serial number of all BWC's used by officer #3951
between 8/18/2019 and 10/18/2019
11) The make, model, and serial number of all BWC's used by officer #3951
between 10/17/2019 and 12/31/2019
12) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2020 and 3/1/2020
13) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2021 and 3/1/2021
14) All available BWC footage recorded by officer #9013 between 10/1/2019
and 10/18/2019
15) All available BWC footage recorded by officer #3821 between 10/1/2019
and 10/18/2019
16) All available BWC footage recorded by officer #3830 between 10/1/2019
and 10/18/2019
17) Any and all physical fitness and mental health test and assessment
results and diagnoses for officer #3814, which are on file. (If these
records certainly do not exist, please respond accordingly, just as you
should with anything else. Also though, if they certainly, for all we
know, *may* exist but, for one reason or another, might not be accessible,
please feel free to let me know as well.)
...
If you find this request excessive in anyway, let me know, so I can make
revisions as necessary, and, regardless and as always, please be
acceptably forthcoming and transparent, while providing all available
information, even if *all* information cannot currently be provided.
Thank you for signing up for this job. Please excuse my typos and, if
needed, ask me for clarification.
Patrick Kelly
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #26118 email]
Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://nam02.safelinks.protection.outlo...
View this OPRA request & responses online:
https://nam02.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.
-------------------------------------------------------------------”
The University has reviewed your request to determined the existence of
responsive records. Please note the following information regarding your
request:
1) A fully annotated spreadsheet and/or fully annotated logs of
information, for the following video file, which was sent from Jewell
Battle on Sept 22, 2021 in response to an OPRA request, and its master
record (the original recording):
Ikena_3951_113.processed.fts-00-00-00.enh.avi
(These annotations will include all file metadata for
Ikena_3951_113.processed.fts-00-00-00.enh.avi, all file metadata for its
master record, and all file metadata for any and all available videos
and/or audio recordings used to create
Ikena_3951_113.processed.fts-00-00-00.enh.avi from its master record, as
well as a list of every LEO or third party who accessed each file, the
reason, the date and time of access, and the act performed each time,
e.g., "preparing the video for an OPRA request response."
These recordings were from a video system which is no longer being
maintained by the University, the system was decommissioned in November of
2020 and therefore the University does not have the ability to export the
access log which is requested.
2) Incident Report # 19RNO1602
The report is criminal investigative and therefore not available for
public inspection consistent with GRC exception # 5. A “criminal
investigatory record” is defined by the statute as “a record which is not
required by law to be made, maintained or kept on file that is held by a
law enforcement agency which pertains to any criminal investigation or
related civil enforcement proceeding.” N.J.S.A. 47:1A-1.1. The Government
Records Council (“GRC”) has held that this definition “includes commonly
made police records such as incident reports, supplemental reports and
operations reports.” Blue v. Wall Township Police Department, GRC
Complaint 2002-47 (August 22, 2003). The GRC has consistently held that
investigation reports are not required to be made, maintained or kept by
law and are exempt from OPRA. See Briggs v. City of Trenton, GRC Complaint
No. 2007-58 (March 28, 2007); McCrone v. Burlington County Prosecutor’s
Office, GRC Complaint 2005-146 (November 22, 2005). Accordingly, this
portion of your request is denied because criminal investigative reports
are exempt from OPRA as criminal investigatory records.
3) Field Arrest Report for Arrest Number 19-A-00183 (attached)
Please note, the responsive record has been redacted due to privacy
concerns N.J.S.A. 47:1A-1.1.1. OPRA specifically places on the University
“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 (App.
Div. 2003). New Jersey courts and the Government Records Council (“GRC”)
have consistently held that an individual has a reasonable expectation of
privacy in keeping his or her address out of the public domain. In Doe v.
Poritz, 142 N.J. 1, 82 (1995), the New Jersey Supreme Court acknowledged
that disclosure of an individual’s home address, or other personally
identifiable information, invokes privacy concerns, particularly when such
disclosure could result in “unsolicited contact or intrusion.” In order to
uphold the University’s obligations to protect an individual’s reasonable
expectation of privacy, we have redacted any and all personally
identifying information.
4) Incident Report # 20RN00202
The report is criminal investigative and therefore not available for
public inspection consistent with GRC exception # 5. A “criminal
investigatory record” is defined by the statute as “a record which is not
required by law to be made, maintained or kept on file that is held by a
law enforcement agency which pertains to any criminal investigation or
related civil enforcement proceeding.” N.J.S.A. 47:1A-1.1. The Government
Records Council (“GRC”) has held that this definition “includes commonly
made police records such as incident reports, supplemental reports and
operations reports.” Blue v. Wall Township Police Department, GRC
Complaint 2002-47 (August 22, 2003). The GRC has consistently held that
investigation reports are not required to be made, maintained or kept by
law and are exempt from OPRA. See Briggs v. City of Trenton, GRC Complaint
No. 2007-58 (March 28, 2007); McCrone v. Burlington County Prosecutor’s
Office, GRC Complaint 2005-146 (November 22, 2005). Accordingly, this
portion of your request is denied because criminal investigative reports
are exempt from OPRA as criminal investigatory records.
5) Photo identification of the face of Captain Alex Rabar.
The University has reviewed this portion of your request and determined
that releasing this record would compromise the security of the named
individual in your request. OPRA exempts “[s]ecurity measures and
surveillance techniques which, if disclosed, would create a risk to the
safety of persons, property, electronic data or software.” N.J.S.A.
47:1A-1.1.
6) All available BWC footage recorded by officer #3951 between 8/18/2019
and 10/18/2019
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.
7) All available BWC footage recorded by officer #3951 between 10/17/2019
and 12/31/2019
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.
8) All available BWC footage recorded by officer #3951 between 1/1/2020
and 3/1/2020
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.
9) All available BWC footage recorded by officer #3951 between 1/1/2021
and 3/1/2021
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.
10) The make, model, and serial number of all BWC's used by officer #3951
between 8/18/2019 and 10/18/2019
Panasonic – Model # WV-TW370 - Serial # QIA00636.
We have reviewed your request and determined that it is a request for
information and not for records. OPRA provides access to existing records
that are not otherwise exempt. The Government Records Council has
consistently held that a proper OPRA request is a request for a specific
identifiable document, and not a request for information or answers to
questions. See Gorbe v. Monroe Fire District #3, GRC Complaint 2010-137
(December 21, 2010); James v. New Jersey Dept. of Corrections, GRC
Complaint 2009-283 (June 29, 2010). Moving forward, please request
specific records.
11) The make, model, and serial number of all BWC's used by officer #3951
between 10/17/2019 and 12/31/2019
Panasonic – Model # WV-TW370 - Serial # QIA00636.
We have reviewed your request and determined that it is a request for
information and not for records. OPRA provides access to existing records
that are not otherwise exempt. The Government Records Council has
consistently held that a proper OPRA request is a request for a specific
identifiable document, and not a request for information or answers to
questions. See Gorbe v. Monroe Fire District #3, GRC Complaint 2010-137
(December 21, 2010); James v. New Jersey Dept. of Corrections, GRC
Complaint 2009-283 (June 29, 2010). Moving forward, please request
specific records.
12) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2020 and 3/1/2020
Panasonic – Model # WV-TW370 - Serial # QIA00636.
We have reviewed your request and determined that it is a request for
information and not for records. OPRA provides access to existing records
that are not otherwise exempt. The Government Records Council has
consistently held that a proper OPRA request is a request for a specific
identifiable document, and not a request for information or answers to
questions. See Gorbe v. Monroe Fire District #3, GRC Complaint 2010-137
(December 21, 2010); James v. New Jersey Dept. of Corrections, GRC
Complaint 2009-283 (June 29, 2010). Moving forward, please request
specific records.
13) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2021 and 3/1/2021
This officer separated from the Rutgers Police Department on August 3,
2020 and was therefore not assigned a BWC between those dates.
We have reviewed your request and determined that it is a request for
information and not for records. OPRA provides access to existing records
that are not otherwise exempt. The Government Records Council has
consistently held that a proper OPRA request is a request for a specific
identifiable document, and not a request for information or answers to
questions. See Gorbe v. Monroe Fire District #3, GRC Complaint 2010-137
(December 21, 2010); James v. New Jersey Dept. of Corrections, GRC
Complaint 2009-283 (June 29, 2010). Moving forward, please request
specific records.
14) All available BWC footage recorded by officer #9013 between 10/1/2019
and 10/18/2019
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.
15) All available BWC footage recorded by officer #3821 between 10/1/2019
and 10/18/2019
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.
16) All available BWC footage recorded by officer #3830 between 10/1/2019
and 10/18/2019
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.
17) Any and all physical fitness and mental health test and assessment
results and diagnoses for officer #3814, which are on file. (If these
records certainly do not exist, please respond accordingly, just as you
should with anything else. Also though, if they certainly, for all we
know, *may* exist but, for one reason or another, might not be accessible,
please feel free to let me know as well.)
Any records which may, or may not exist, are exempt from public inspection
consistent with Executive Order No. 26.4 which exempts information
relating to medical, psychiatric or psychological history, diagnosis,
treatment or evaluation.
Additionally , OPRA specifically exempts personnel records from public
access with limited exceptions including an "individual’s name, title,
position, salary, payroll record, length of service, date of separation
and the reason for such separation, and the amount and type of any pension
received. N.J.S.A. 47:1A-10. Because personnel records are exempt from
public access under OPRA, this portion of your request is denied.
If you have any questions or need additional information, please feel free
to contact my office at 973.972.1981.
Sincerely,
Jewell Battle
University Custodian of Records
Rutgers, The State University of New Jersey
973.972.1981
To monitor the progress or update this request please log into the [2]Open
Public Records Center.
References
Visible links
1. https://u8387795.ct.sendgrid.net/ls/clic...
2. https://u8387795.ct.sendgrid.net/ls/clic...