Chief Investigation
Dear Atlantic County Sheriff's Office,
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:
The final report or summary report of any internal investigation of Chief Warrant Officer Timothy Reed after a July 2020 incident regarding a crash in a county vehicle. This will include findings of the investigation, recommendations for discipline, discipline handed out, and any agreements made between the County and Mr. Reed as a result.
This is being requested as Common Law Right of Access to the records. Internal Affairs investigations are not protected and cannot be withheld (see Rivera v. Union County Prosecutor’s Office (A-58-20)).
Mr. Reed holds a position of high authority as Chief Warrant Officer of Atlantic County. The right of the public’s interest in transparency of Mr. Reed’s past behavior while in positions of high authority clearly outweighs Mr. Reed’s right to confidentiality.
Yours faithfully,
James
Good Morning
Please see the below email request. I am not the record holder for county vehicle information.
By copy of this email the sender is notified the request has been forwarded.
Dear Hoerter_Pamela,
This request is not for county vehicle information. It is a request for internal affairs report that came from the incident.
Yours sincerely,
James
CUSTODIAN REPONSE TO OPRA REQUEST 5742022
August 9, 2022
You have submitted an Open Public Records Request and have indicated your
preferred method of delivery is email.
Your request: See below
The records you have requested are preempted from disclosure under OPRA.
N.J.S.A. § 47:1A-9(b) The records you have requested are also preempted
from disclosure under the Common Law. In weight the balancing factors
enumerated in Rivera v. Union Cnty. Prosecutor’s Office, 250 N.J. 124
(2022), the records requested do not rise to the level required to compel
disclosure. The misconduct in question – a minor suspension after a minor
MVA – is not a matter of public interest as contemplated by the Court in
Rivera.
Thank you.
Alysia J. Remaley, Esq.
Assistant County Counsel
Atlantic County Dept. of Law
1333 Atlantic Avenue., 8^th Floor
Atlantic City, New Jersey 08401
Phone: (609) 343-2279, ext. 2464
Fax: (609) 343-2373
Dear Remaley_Alysia,
Objection to your nondisclosure under common law based upon the following article.
https://wpgtalkradio.com/sheriff-chief-w...
The link here is a news article where the author found that Reed filed conflicting causes for the incident. The documents are in the article. This is a candor and truthfulness issue and could rise to having Brady/Giglio implications. Even if the suspension you disclosed was minor, it is still very much in the public interest if Reed has an issue with candor and truthfulness when being investigated or when reporting incidents he has been involved with. With his high rank this is very much public interest and will include the appropriateness or lack thereof of the discipline given.
Yours sincerely,
James