Different Sheriff Department Annual Summary Reports and recertification certificates for all sheriff officers

The request was refused by Monmouth County Sheriff's Office.

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Dear Monmouth County Sheriff's Office,

This is a request for public records made under OPRA and the common law right of access. I certify under penalty of NJSA 2C:28-3 that I have not been convicted of an indictable offense. Please acknowledge receipt of this message.
Records requested:

1. I seek your department’s Internal Affairs Annual Summary Reports for years 2014 to 2017.

2. I seek a copy of the department's Public Synopsis of Disciplinary Actions for years 2014 to 2017. This report is required pursuant to Requirement 10 of the Attorney General’s Internal Affairs Police.

3. I seek a copy of the department’s Vehicular Pursuit Summary Reports for years 2014 to 2017.

4. I would like all of your department’s Use of Force Reports from January 1, 2014 to present date.

5. I would like all of your department’s Police Use of Deadly Force Attorney General Deadly Notification Reports for years 2014 to 2017.

6. I seek the annual basic police academy training, annual firearms requalification training, use of force training, vehicular pursuit training, domestic violence training, cultural diversity training, bias intimidation crimes training, Breathalyzer training, 911 dispatcher and call-taker training, K-9 training recertification certificates for all of the sheriff officers in your department for the year 2017.

Yours faithfully,

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Patricia Quelch,

Your OPRA request has been forwarded to me to assist the Sheriff’s Office
in responding. Please be advised that due to the volume of your request,
the need to review and redact, the Sheriff’s Office needs additional time
to respond. It is anticipated that the documents will be available by
December 4, 2017. If additional time is needed, you will be so advised in
a timely fashion.

 

If you have any questions, you may contact me by email or call (848)
207-3500. Thank you.

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Dear Patricia Quelch,

I'm granting the extension that you have requested.

Yours sincerely,

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Patricia Quelch,

I will keep you posted on the Sheriff's Office's progress.

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Dear Patricia Quelch,

Thank you very much.

Yours sincerely,

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Patricia Quelch,

#4 of your request asks for all Use of Force Reports going back to January 1, 2014. The Use of Force reports for Corrections are not the normal form used by Police Departments and the Sheriff's Office. Those forms are usually 4-5 pages each and require redaction. In 2014 the jail had 61; in 2015 the jail had 82; and in 2016 the jail had had 75. As for 2017, the jail has reached 52. Additionally, 2014 through 2016 reports are in storage. A captain estimates it will take one of the secretaries approximately 12 hours at an hourly rate of $20 per hour to complete the task of retrieving these documents from archives. Then the captain would have to go through each of reports to redact the extraneous information which would probably take about 12 hours to complete at $74 per hour. The total cost is estimated at $1128.

Please advise as to your willingness to pay the extraordinary fee or amend your request, such as limiting it to only 2017, which is more readily available, but will still need the redactions.

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Dear Patricia Quelch,

In the interest of finding a reasonable solution to processing my OPRA request, I'm requesting the Sheriff's Department could waive the special service charge if an extension of ninety (90) days in order to accommodate the interests of both the requester and the agency.

Yours sincerely,

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Patricia Quelch,

I will forward your suggestions to the Sheriff's Office.

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Patricia Quelch,

Could you please clarify that when you refer to the Sheriff’s Office do
you include the Corrections Officers? Also, do the extensive nature of
your requests, additional time is necessary to respond. Therefore, your
response will be provided no later than December 15. Thank you for your
anticipated cooperation.

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Dear Patricia Quelch,

Yes, that includes correction officers as well.

Yours sincerely,

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Patricia Quelch,

1 Attachment

Attached is the Excel Spreadsheet listing all emails sent or received by
[1][email address]. during the time period specified in your request
dated November 28, 2017. Rather than redact, emails from attorneys, Andrea
Bazer, Michael Fistpatrick, Steven Kleinman and me, have been omitted from
the spreadsheet pursuant to the attorney-client privilege rendering those
emails consultative, deliberative and advisory and exempt from OPRA.
N.J.S.A. 47:1A:1.1.

 

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the [insert name of agency] to deny
access. At your option, you may either institute a proceeding in the
Superior Court of New Jersey or file a complaint with the Government
Records Council (“GRC”) by completing the Denial of Access Complaint
Form.  You may contact the GRC by toll-free telephone at 866-850-0511, by
mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at
[email address], or at their web site at www.state.nj.us/grc. The
Council can also answer other questions about the law.  All questions
regarding complaints filed in Superior Court should be directed to the
Court Clerk in your County.

 

If you have any questions, please contact me.

 

References

Visible links
1. mailto:[email address]

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Dear Patricia Quelch,

The response was sent to the wrong e-mail address.

Yours sincerely,

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Patricia Quelch,

So sorry about that 

Sent from my iPhone

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Patricia Quelch,

Your suggestion of waiving the fees was presented to the Sheriff, who
declines to waive the fee. Your request requires two employees to be
diverted from their normal duties, which still must be fulfilled. Please
advise if you are willing to pay to obtain these reports from Corrections.

 

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Dear Patricia Quelch,

I'm withdrawing my OPRA request as of 12-7-2017. I will be breaking up my OPRA request into smaller ones in order to make it easier for the agency.

Yours sincerely,

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Patricia Quelch,

Thank you so much. I will let the Sheriff's Office know that and that we can expect others from you. Once question I had as to #6 was whether you wanted the training guidelines or the actual recertification records of each officer. Just something to keep in mind when you re-submit your requests.

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