Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
Dear Moonachie Borough,
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:
I request Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016 against Joseph E. Leverock.
All incidents occurred at 100 Redneck Avenue in Moonachie, NJ 07074.
Regards,
Mr. William R. Capers
-----Original Message-----
From: John Bussanich <[email address]>
Sent: Monday, August 14, 2023 12:52 PM
To: Supriya <[Moonachie Borough request email]>; Michael Rose <[email address]>
Subject: RE: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
Here is the response for William Capers request.
Det. John Bussanich #122
Moonachie Police Department
70 Moonachie Road
Moonachie, NJ 07074
201.641.9100 (Phone)
201.641.9157 (Fax)
The information contained in this transmission is for the sole use of the intended recipient(s) and may contain confidential and privileged information and may be considered advisory, consultive and deliberative material under OPRA. Any unauthorized review; use, disclosure or distribution of this communication is strictly prohibited. If you have received this e-mail in error, please contact the sender by reply e-mail and destroy all paper and electronic copies of the original message.
-----Original Message-----
From: John Bussanich
Sent: Wednesday, August 9, 2023 3:52 PM
To: Supriya <[Moonachie Borough request email]>; Michael Rose <[email address]>
Subject: RE: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
Supriya,
Attached are complaint summonses 0237-S-2022-000027 ( 37-22-012680 ) & 0237-S-2022-000038 ( 37-22-015212 ). The requestor should go through Moonachie Municipal Court for 0237-S-2023-000016. This complaint appears to have been filed directly through the court.
Det. John Bussanich #122
Moonachie Police Department
70 Moonachie Road
Moonachie, NJ 07074
201.641.9100 (Phone)
201.641.9157 (Fax)
The information contained in this transmission is for the sole use of the intended recipient(s) and may contain confidential and privileged information and may be considered advisory, consultive and deliberative material under OPRA. Any unauthorized review; use, disclosure or distribution of this communication is strictly prohibited. If you have received this e-mail in error, please contact the sender by reply e-mail and destroy all paper and electronic copies of the original message.
-----Original Message-----
From: Supriya <[Moonachie Borough request email]>
Sent: Friday, August 4, 2023 9:19 AM
To: Richard Behrens <[email address]>; John Bussanich <[email address]>; Michael Rose <[email address]>
Subject: FW: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
-----Original Message-----
From: William Capers <[OPRA #49419 email]>
Sent: Thursday, August 3, 2023 11:02 PM
To: Supriya <[Moonachie Borough request email]>
Subject: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
Dear Moonachie Borough,
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:
I request Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016 against Joseph E. Leverock.
All incidents occurred at 100 Redneck Avenue in Moonachie, NJ 07074.
Regards,
Mr. William R. Capers
-------------------------------------------------------------------
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Dear Supriya,
The copy of Complaint Summons 0237-S-2022-000027 provided does not have the original language on the summons.
The provided Complaint Summons 0237-S-2022-000027 is altered because the original complaint had five (5) charges against Joseph E. Leverock, not three (3) charges.
The two charges missing from complaint 0237-S-2022-000027 are fourth-degree cyber harassment N.J.S.A. 2C:33-4.1(a)(2) and third-degree forgery N.J.SA. 2C:21-1(a)(1). The forgery charge is the basis of the date 6/27/22, which is on the complaint you provided. If I'm not mistaken, the language of the harassment charges is not the original language of the original complaint.
Other Municipal Courts in the past have provided me in the mail copies of the original Complaint Summons with the Judge's signature stating their finding. It's alarming that Moonachie Municipal Court refuses to give me the same.
Moonachie's Certified Municipal Court Administrator Brittany De Oliveira claimed last month that the original Complaint Summons 0237-S-2022-000038, which suppose to have Judge Boggia's signature, can not be found. Was the complaint lost or destroyed?
Since Judge Boggia's name is not printed and the date of signing the finding is not on Complaint Summons 0237-S-2022-000038 as complaint 0237-S-2022-000027, the Complaint Summons 0237-S-2022-000038 provided is questionable because no evidence has been provided that Judge Philip N. Boggia signed and date the complaint that I autograph on 12/20/22. By there is no date of the issuance of the finding by Judge Boggia provided on Complaint Summons 0237-S-2022-000038, which makes that complaint provided possibly invalid.
Can you provide me the complaint summons for 0237-S-2022-000027 with the five (5) original charges and the Complaint Summons 0237-S-2022-000038 showing Judge Philip N. Boggia's name printed and the date when Judge Boggia signed the complaint?
I would appreciate receiving a response to this matter by 8/17/23, and if I do not receive a response, I will proceed with a complaint to the GRC.
Yours sincerely,
William Capers
Please find email from the Municipal Court.
Supriya Sanyal, Borough Clerk/Registrar
Borough of Moonachie
70 Moonachie Road
Moonachie, NJ 07074
201-641-1813 Opt. 1
From: Brittany De Oliveira <[email address]>
Sent: Tuesday, August 15, 2023 3:21 PM
To: Supriya <[Moonachie Borough request email]>
Subject: Judicial Branch & Opra
Good afternoon Supriya,
Please see the below:
In reply to your electronic communication, be advised that the State of
New Jersey Judiciary – Municipal Courts’ records fall under the
jurisdiction of the Judicial Branch and access to said public records are,
therefore, governed by the New Jersey Court Rules – R. 1:38.
The Open Public Records Act (OPRA), N.J.S.A. 47:1-1 et seq., at N.J.S.A.
47:1A-1.1, excludes the Judiciary from its definition of a "public agency"
by referring specifically to
"any of the principal departments in the Executive Branch of State
Government, and any division, board, bureau office, commission or other
instrumentality within or created by such department; the Legislature of
the State and any office, board, bureau or commission within or created by
the Legislative Branch; and any independent State authority, commission,
instrumentality or agency. Further, in enacting OPRA, the Legislature
included specific language acknowledging a separate governing structure
for Judiciary records and providing in N.J.S.A. 47:1A-7(g) that "[t]he
[Government Records] council shall not have jurisdiction over the Judicial
or Legislative Branches of State Government or any agency, officer, or
employee of those branches."
Accordingly, the court should acknowledge receipt of the
request/application, however, provide the form and provide the data being
sought.
Thank you,
Brittany A. De Oliveira
Moonachie Municipal Court (0237) || Teterboro Municipal Court (0262)
Certified Municipal Court Administrator
Moonachie: (201)-641-5589 || Teterboro: (201)-288-6215 || Fax:
(201)-288-6205
510 Route 46 West
Teterboro, NJ 07608
Please find enclosed email from Borough Attorney regarding your request
Supriya Sanyal, Borough Clerk/Registrar
Borough of Moonachie
70 Moonachie Road
Moonachie, NJ 07074
201-641-1813 Opt. 1
From: Frank Migliorino <[email address]>
Sent: Wednesday, August 16, 2023 11:08 AM
To: Supriya <[Moonachie Borough request email]>
Subject: Re: OPRA request - Complaint Summonses 0237-S-2022-000027,
0237-S-2022-000038 & 0237-S-2023 000016
After my review of emails and other data including relevant law, I,
FRANCIS MIGLIORINO, Moonachie Borough attorney conclude that no response
by the Borough is required nor advised since one would counter the sound
and valid direction and assistance already provided by the Judicial
Branch.
On Tuesday, August 15, 2023 at 02:41:48 PM EDT, Supriya
<[1][Moonachie Borough request email]> wrote:
-----Original Message-----
From: William Capers
<[2][OPRA #49419 email]>
Sent: Tuesday, August 15, 2023 2:31 PM
To: Supriya <[3][Moonachie Borough request email]>
Subject: Re: FW: OPRA request - Complaint Summonses 0237-S-2022-000027,
0237-S-2022-000038 & 0237-S-2023 000016
Dear Supriya,
The copy of Complaint Summons 0237-S-2022-000027 provided does not have
the original language on the summons.
The provided Complaint Summons 0237-S-2022-000027 is altered because the
original complaint had five (5) charges against Joseph E. Leverock, not
three (3) charges.
The two charges missing from complaint 0237-S-2022-000027 are
fourth-degree cyber harassment N.J.S.A. 2C:33-4.1(a)(2) and third-degree
forgery N.J.SA. 2C:21-1(a)(1). The forgery charge is the basis of the date
6/27/22, which is on the complaint you provided. If I'm not mistaken, the
language of the harassment charges is not the original language of the
original complaint.
Other Municipal Courts in the past have provided me in the mail copies of
the original Complaint Summons with the Judge's signature stating their
finding. It's alarming that Moonachie Municipal Court refuses to give me
the same.
Moonachie's Certified Municipal Court Administrator Brittany De Oliveira
claimed last month that the original Complaint Summons 0237-S-2022-000038,
which suppose to have Judge Boggia's signature, can not be found. Was the
complaint lost or destroyed?
Since Judge Boggia's name is not printed and the date of signing the
finding is not on Complaint Summons 0237-S-2022-000038 as complaint
0237-S-2022-000027, the Complaint Summons 0237-S-2022-000038 provided is
questionable because no evidence has been provided that Judge Philip N.
Boggia signed and date the complaint that I autograph on 12/20/22. By
there is no date of the issuance of the finding by Judge Boggia provided
on Complaint Summons 0237-S-2022-000038, which makes that complaint
provided possibly invalid.
Can you provide me the complaint summons for 0237-S-2022-000027 with the
five (5) original charges and the Complaint Summons 0237-S-2022-000038
showing Judge Philip N. Boggia's name printed and the date when Judge
Boggia signed the complaint?
I would appreciate receiving a response to this matter by 8/17/23, and if
I do not receive a response, I will proceed with a complaint to the GRC.
Yours sincerely,
William Capers
-----Original Message-----
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[4][OPRA #49419 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://opramachine.com/help/officers
View this OPRA request & responses online:
[6]https://opramachine.com/request/complain...
Please note that in some cases publication of requests and responses will
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References
Visible links
1. mailto:[Moonachie Borough request email]
2. mailto:[OPRA #49419 email]
3. mailto:[Moonachie Borough request email]
4. mailto:[OPRA #49419 email]
5. https://opramachine.com/help/officers
6. https://opramachine.com/request/complain...
Please find enclosed from the Police Chief.
-----Original Message-----
From: Richard Behrens <[email address]>
Sent: Tuesday, August 15, 2023 4:43 PM
To: Supriya <[Moonachie Borough request email]>; John Bussanich <[email address]>; Michael Rose <[email address]>
Subject: RE: FW: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
Supriya,
The police department does not have the original documents, they were forwarded to the Court.
Richard Behrens
Chief of Police
Moonachie Police Department
70 Moonachie Road
Moonachie, NJ 07074
(201) 641-9100
The information contained in this transmission is for the sole use of the intended recipient(s) and may contain confidential and privileged information and may be considered advisory, consultive and deliberative material under OPRA. Any unauthorized review; use, disclosure or distribution of this communication is strictly prohibited. If you have received this e-mail in error, please contact the sender by reply e-mail and destroy all paper and electronic copies of the original message
-----Original Message-----
From: Supriya <[Moonachie Borough request email]>
Sent: Tuesday, August 15, 2023 2:34 PM
To: Richard Behrens <[email address]>; John Bussanich <[email address]>; Michael Rose <[email address]>
Subject: FW: FW: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
-----Original Message-----
From: William Capers <[OPRA #49419 email]>
Sent: Tuesday, August 15, 2023 2:31 PM
To: Supriya <[Moonachie Borough request email]>
Subject: Re: FW: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
Dear Supriya,
The copy of Complaint Summons 0237-S-2022-000027 provided does not have the original language on the summons.
The provided Complaint Summons 0237-S-2022-000027 is altered because the original complaint had five (5) charges against Joseph E. Leverock, not three (3) charges.
The two charges missing from complaint 0237-S-2022-000027 are fourth-degree cyber harassment N.J.S.A. 2C:33-4.1(a)(2) and third-degree forgery N.J.SA. 2C:21-1(a)(1). The forgery charge is the basis of the date 6/27/22, which is on the complaint you provided. If I'm not mistaken, the language of the harassment charges is not the original language of the original complaint.
Other Municipal Courts in the past have provided me in the mail copies of the original Complaint Summons with the Judge's signature stating their finding. It's alarming that Moonachie Municipal Court refuses to give me the same.
Moonachie's Certified Municipal Court Administrator Brittany De Oliveira claimed last month that the original Complaint Summons 0237-S-2022-000038, which suppose to have Judge Boggia's signature, can not be found. Was the complaint lost or destroyed?
Since Judge Boggia's name is not printed and the date of signing the finding is not on Complaint Summons 0237-S-2022-000038 as complaint 0237-S-2022-000027, the Complaint Summons 0237-S-2022-000038 provided is questionable because no evidence has been provided that Judge Philip N. Boggia signed and date the complaint that I autograph on 12/20/22. By there is no date of the issuance of the finding by Judge Boggia provided on Complaint Summons 0237-S-2022-000038, which makes that complaint provided possibly invalid.
Can you provide me the complaint summons for 0237-S-2022-000027 with the five (5) original charges and the Complaint Summons 0237-S-2022-000038 showing Judge Philip N. Boggia's name printed and the date when Judge Boggia signed the complaint?
I would appreciate receiving a response to this matter by 8/17/23, and if I do not receive a response, I will proceed with a complaint to the GRC.
Yours sincerely,
William Capers
-----Original Message-----
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #49419 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/complain...
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.
-------------------------------------------------------------------
-----Original Message-----
From: John Bussanich <[email address]>
Sent: Wednesday, August 9, 2023 3:52 PM
To: Supriya <[Moonachie Borough request email]>; Michael Rose <[email address]>
Subject: RE: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
Supriya,
Attached are complaint summonses 0237-S-2022-000027 ( 37-22-012680 ) & 0237-S-2022-000038 ( 37-22-015212 ). The requestor should go through Moonachie Municipal Court for 0237-S-2023-000016. This complaint appears to have been filed directly through the court.
Det. John Bussanich #122
Moonachie Police Department
70 Moonachie Road
Moonachie, NJ 07074
201.641.9100 (Phone)
201.641.9157 (Fax)
The information contained in this transmission is for the sole use of the intended recipient(s) and may contain confidential and privileged information and may be considered advisory, consultive and deliberative material under OPRA. Any unauthorized review; use, disclosure or distribution of this communication is strictly prohibited. If you have received this e-mail in error, please contact the sender by reply e-mail and destroy all paper and electronic copies of the original message.
-----Original Message-----
From: Supriya <[Moonachie Borough request email]>
Sent: Friday, August 4, 2023 9:19 AM
To: Richard Behrens <[email address]>; John Bussanich <[email address]>; Michael Rose <[email address]>
Subject: FW: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
-----Original Message-----
From: William Capers <[OPRA #49419 email]>
Sent: Thursday, August 3, 2023 11:02 PM
To: Supriya <[Moonachie Borough request email]>
Subject: OPRA request - Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016
Dear Moonachie Borough,
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:
I request Complaint Summonses 0237-S-2022-000027, 0237-S-2022-000038 & 0237-S-2023 000016 against Joseph E. Leverock.
All incidents occurred at 100 Redneck Avenue in Moonachie, NJ 07074.
Regards,
Mr. William R. Capers
-------------------------------------------------------------------
Please deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #49419 email]
Is [Moonachie Borough request email] the wrong address for OPRA requests to Moonachie Borough? If so, please contact us using this form:
https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers
View this OPRA request & responses online:
https://opramachine.com/request/complain...
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.
-------------------------------------------------------------------
This OPRA request was created due to Moonachie's Certified Municipal Court Administrator Brittany De Oliveira's claiming on 8/3/23 that I had to file an OPRA request regarding court records which was Judge Boggia's written finding about complaint Summons 0237-S-2023 000016. The same Court Administrator stated on 11/18/22 that Judge Boggia's written findings could not be released because they are not public records. Still, the same court staff then mailed me Judge Boggia's written finding for Complaint Summons 0237-S-2022-000038 on 2/2/23 without filling out a request form, and I can support my claims.
The Court Administrator's statements became conflicting and contradicting, which had all parties take time out of their day to respond to a request that should have been appropriately addressed by the Court Administrator before my OPRA request was made on 8/3/23.
If the Court Administrator's statement from 8/16/23 on this forum is accurate, it will mean the Moonachie Police Department did not have to produce altered court records when they did not have to under OPRA.
Moonachie Chief of Police Richard Behrens stated on 8/16/23, "The police department does not have the original documents, they were forwarded to the Court." I appreciate Mr. Behrens reply because it gave me clarification of this matter.
According to the JUDICIARY- STATE OF NEW JERSEY SCHEDULE: RECORDS RETENTION SCHEDULE DIRECTIVE #03-01. The Directive states that NJ Courts supposes to retain records between 5-20 years.
The Court Administrator stated to me on 7/26/23 that the original Complaint Summons 0237-S-2022-000038 can not be found, which will explain why Judge Boggia's name is not on the complaint provided. It stated, "Complaint was signed," and the date of the finding is not on the altered Complaint Summons. Based upon Mr. Behrens's statement, the only person who could have witnessed Judge Boggia's signed original complaint would be the Court Administrator or another Court employee. When it comes to Complaint Summons 0237-S-2022-000027, Judge Boggia's name is printed, and the date of the finding is present.
Based upon reviewing this matter, there is a possibility a Moonachie Court employee altered both complaints and made them accessible for the Moonachie Police Department to give to me for this OPRA request.
Suppose my observation of this matter needs to be corrected. In that case, any party who replied to this request can inform me of the full name and job title of the person who claimed that they witnessed Judge Boggia's signed original Complaint Summons 0237-S-2022-000038 and typed the words on the altered complaint, "Complaint Manually Signed."
I will e-mail the Court Administrator for all original documents using the proper forms, and she may find the original Complaint Summonse 0237-S-2022-000038 and the other records that I will be requesting.
I will provide an update on this matter, and I appreciate Supriya for providing me with the altered court documents on 8/14/23 & the same on 8/17/23.
Yours sincerely,
Mr. William R. Capers