Early warning system
Dear Monmouth County Prosecutor's Office,
All records issued by the Monmouth county prosecutor to Monmouth county police chiefs ordering the implementation of attorney general order 2018-3 statewide mandatory early warning systems.
All letters from the prosecutors office instructing police chiefs to ignore, or go around the order.
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:
Yours faithfully,
R Lord
Dear Mr. Lord,
The Monmouth County Prosecutor's Office is in receipt of the below public
record request. I am in the process of locating and reviewing records
responsive to the request. Pursuant to N.J.S.A. 47:1A-5(i)(1), our
deadline for responding would ordinarily be today, Dec. 2, 2020. However,
that seven-business-day deadline is relaxed under N.J.S.A. 47:1A-5(i)(2)
due to the ongoing state of public health emergency. This email advises
that we are invoking § 5(i)(2) to extend the deadline one week, to Dec.
10, 2020. I will make reasonable efforts to respond before that date if
possible.
Respectfully,
Mary Juliano
Assistant Prosecutor
-----Original Message-----
From: R Lord <[OPRA #18583 email]>
Sent: Thursday, November 19, 2020 3:13 PM
To: OPRA <[Monmouth County Prosecutor's Office request email]>
Subject: [EXTERNAL]OPRA request - Early warning system
Dear Monmouth County Prosecutor's Office,
All records issued by the Monmouth county prosecutor to Monmouth county
police chiefs ordering the implementation of attorney general order 2018-3
statewide mandatory early warning systems.
All letters from the prosecutors office instructing police chiefs to
ignore, or go around the order.
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:
Yours faithfully,
R Lord
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[1][OPRA #18583 email]
Is [2][Monmouth County Prosecutor's Office request email] the wrong address for OPRA requests to Monmouth
County Prosecutor's Office? If so, please contact us using this form:
[3]https://opramachine.com/change_request/n...
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View this OPRA request & responses online:
[5]https://opramachine.com/request/early_wa...
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other than the sender and the intended recipient(s) is unauthorized. If
you are not the intended recipient of this message, any disclosure,
copying, distribution or action taken or not taken in reliance on it,
without the expressed written consent of the Office of the Monmouth County
Prosecutor, is prohibited. If you have received this message in error, you
should not save, scan, transmit, print, use or disseminate this message or
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promptly delete or destroy this message and all copies of it. Please
notify the sender by return e-mail if you have received this message in
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References
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2. mailto:[Monmouth County Prosecutor's Office request email]
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Dear Mr. Lord,
This email with attachments responds to the below record request, whose
response deadline was extended to Dec. 10, 2020.
Your requests are for:
(1) All records issued by the Monmouth county prosecutor to Monmouth
county police chiefs ordering the implementation of attorney general order
2018-3 statewide mandatory early warning systems; and,
(2) All letters from the prosecutor's office instructing police chiefs to
ignore, or go around the order.
This Office does not maintain a file, list, or record that would identify
or compile the subject-matter “records” and “letters” that you seek.
Ascertaining whether such records exist would require interviewing
employees and searching all written and electronic communications since
passage of the directive in Mar. 2018. “OPRA requires a party requesting
access to a public record to specifically describe the document sought so
that the records may be readily and reasonably identified within the short
time frame within which the government custodians must respond. As such,
a proper request under OPRA must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency’s documents.” Spectraserv, Inc. v.
Middlesex Cty Util. Auth., 416 N.J. Super. 565, 576 (App. Div. 2010).
Your requests do not “identify with reasonable clarity those documents
that are desired”; instead of describing a record, they describe subject
matters and demand “all” records pertaining to that subject. The requests
are subject to denial as both vague and overbroad.
That said, I have made efforts to provide you with responsive documents.
The Monmouth County Prosecutor’s Office sometimes does a “chief’s mailing”
to notify police departments of a new policy or directive. I made inquiry
whether such a mailing was done in response to Directive 2018-3 and
learned one was. The third page of documents attached hereto is that
one-page email dated Mar. 26, 2018, subject “FW: Friday Mailing – March
23, 2018” to Monmouth County Police Chiefs. This record is not completely
responsive to your request, since the communication was issued by our
First Assistant Prosecutor Lori Linskey, not the “county prosecutor” as
your request specifies. Nonetheless, it does represent our Office’s
notification of “implementation of attorney general order 2018-3” to the
police chiefs and so it is being provided to you.
In addition to being vague/overbroad, your request for “all letters from
the prosecutor’s office instructing police chiefs to ignore or go around
the order” is invalid because it requires subjective assessment by the
record custodian. Paff v. Galloway Twp., 229 N.J. 340, 355 (2017). Terms
such as “ignore” and “go around” are characterizations and are subject to
interpretation. The request is neither clear nor specific.
Nonetheless, I am providing you two communications from the prosecutor’s
office to chief(s) in response to this request. The first communication
(page 2 of the attachment) is an email exchange between a Long Branch (LB)
chief and our First Assistant, dated Mar. 26, 2018. The LB officer had a
question about the interplay between a preexisting county-issued early
warning policy and the at-that-time-newly-issued AG Directive 2018-3. The
direction he received was to follow the “more stringent” county policy.
While I would certainly not characterize this email as directing the chief
to “ignore” or “go around” 2018-3, it did provide direction on how to
proceed in the face of incongruent demands of the two policies.
The second communication (page 5) is an email to the Monmouth County
Police Chiefs from FAP Linskey, dated Dec. 4, 2019, which advises that the
Attorney General “is moving from an Early Warning System to an Early
Intervention System,” and would be soliciting ideas from law enforcement
concerning the latter. Again, this is certainly not direction to “ignore
or go around the order”; the email is being provided to you because it
signals evolution of the early warning system.
The documents that are attached reflect my good faith effort to understand
your requests and provide the records that we have that were ascertainable
and most responsive. You are invited to submit a new request, or a
clarification, if there is a particular document that you believe we have
that has not been provided; if you choose to do that, please provide
identifiers (such as date, type/name of document, sender, recipient) that
will assist in its identification and location.
Respectfully,
Mary Juliano
Assistant Prosecutor
-----Original Message-----
From: R Lord <[OPRA #18583 email]>
Sent: Thursday, November 19, 2020 3:13 PM
To: OPRA <[Monmouth County Prosecutor's Office request email]>
Subject: [EXTERNAL]OPRA request - Early warning system
Dear Monmouth County Prosecutor's Office,
All records issued by the Monmouth county prosecutor to Monmouth county
police chiefs ordering the implementation of attorney general order 2018-3
statewide mandatory early warning systems.
All letters from the prosecutors office instructing police chiefs to
ignore, or go around the order.
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:
Yours faithfully,
R Lord
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[1][OPRA #18583 email]
Is [2][Monmouth County Prosecutor's Office request email] the wrong address for OPRA requests to Monmouth
County Prosecutor's Office? If so, please contact us using this form:
[3]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:
[4]https://opramachine.com/help/officers
View this OPRA request & responses online:
[5]https://opramachine.com/request/early_wa...
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.
-------------------------------------------------------------------
NOTICE OF CONFIDENTIALITY This message, including any prior messages and
attachments, may contain advisory, consultative and/or deliberative
material, confidential information or privileged communications of the
Office of the Monmouth County Prosecutor. Access to this message by anyone
other than the sender and the intended recipient(s) is unauthorized. If
you are not the intended recipient of this message, any disclosure,
copying, distribution or action taken or not taken in reliance on it,
without the expressed written consent of the Office of the Monmouth County
Prosecutor, is prohibited. If you have received this message in error, you
should not save, scan, transmit, print, use or disseminate this message or
any information contained in this message in any way and you should
promptly delete or destroy this message and all copies of it. Please
notify the sender by return e-mail if you have received this message in
error.
References
Visible links
1. mailto:[OPRA #18583 email]
2. mailto:[Monmouth County Prosecutor's Office request email]
3. https://opramachine.com/change_request/n...
4. https://opramachine.com/help/officers
5. https://opramachine.com/request/early_wa...