Computer Access beyond authority
Dear Lumberton 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:
Please provide a list of all investigations of " Computer access beyond authority " or misuse of a municipal computer of federal or state database. I am only seeking the nature of the violation, and the disposition whether the action resulted in administrative action, criminal action or a referral to the Prosecutors office. What that action was taken and the disposition of the investigation. I am seeking the time periods of 2015 to 2021. I am NOT seeking names of employees. I seek only the department that the individual worked for including the police department, if any.
Yours faithfully,
Kenneth Timko
You sent the Township of Lumberton an Open Public Records Act (OPRA) request on November 8, 2021. The official Records Custodian, Bobbie Quinn, received your OPRA request on November 8, 2021. As such, the seven (7) business day deadline to respond to your request is November 18, 2021. This response to your request is being provided to you on the 7th business day after the custodian of records’ receipt of said request.
In your request you sought access to a “list of all investigations of ‘Computer access beyond authority’ or misuse of a municipal computer of federal or state database” that includes “the nature of the violation, and the disposition whether the action resulted in administrative action, criminal action or a referral to the Prosecutors office” between the time periods of 2015 to 2021. You further stated that you are not requesting the names of employees but seek “only the department that the individual worked for.”
• Subject to specific legal exemptions applicable to the Police Department discussed below, no records responsive to your OPRA Request seeking a “list of all investigations” concerning the subject matter of alleged unauthorized access and/or computer misuse exist for the period of 2015 to 2019. The Township was unable to identify such a list or similar record across municipal departments concerning investigations into the requested subjects.
• To the extent your request seeks documents or information consisting of disciplinary records, personnel files of Township employees or police internal affairs records, such records are exempt from disclosure under OPRA. N.J.S.A. 47:1A-10; N.J.S.A. 47:1A-9; see also Rick Moreno v. Bor. of Ho-Ho Kus, Compl. No. 2003-110 (GRC Mar. 2004) (internal reprimands of a municipal police officer); Allen v. County of Warren, GRC Compl. No. 2003-155 (GRC Mar. 2004) (harassment complaint filed against an employee) Gannett Satellite Information Network, LLC v. Twp. of Neptune, NO. A-4006-18 (N.J. Super. App. Div. April 8, 2021).
• As to your request for records during the period covering 2020, public reporting of certain complaint and major disciplinary matters required by the State’s updated Internal Affairs Policies and Procedures may cause the creation of a responsive public record . Office of N.J. Att’y Gen., Internal Affairs Policies & Procedures § 9.11 (June 2021). However, the Department’s report for 2020 does not contain information responsive to your request and the Department’s 2021 report is not yet available.
This response is being transmitted to you via email. Pursuant to N.J.S.A. 47:1A-5.b., the total cost associated with this request is zero.
Bobbie Quinn, RMC/CMR
Lumberton Township Clerk/Registrar of Vital Statistics
Lumberton Township Municipal Building
35 Municipal Drive
Lumberton, NJ 08048
609-267-3217, ext. 102
[Lumberton Township request email]
-----Original Message-----
From: Kenneth Timko <[OPRA #26875 email]>
Sent: Friday, November 5, 2021 6:05 PM
To: Bobbie Quinn <[email address]>
Subject: OPRA request - Computer Access beyond authority
Dear Lumberton 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:
Please provide a list of all investigations of " Computer access beyond authority " or misuse of a municipal computer of federal or state database. I am only seeking the nature of the violation, and the disposition whether the action resulted in administrative action, criminal action or a referral to the Prosecutors office. What that action was taken and the disposition of the investigation. I am seeking the time periods of 2015 to 2021. I am NOT seeking names of employees. I seek only the department that the individual worked for including the police department, if any.
Yours faithfully,
Kenneth Timko
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