The Township of Wall Police Department’s (“Police Department”) Records Division received your Open Public Records Act (“OPRA”) and common law request dated July 12, 2022 on July 13, 2022. As such, the seven (7) business day deadline to respond to your request is July 22, 2022. You can expect a response on or before July 22, 2022.

Records & ID Bureau
Wall Township Police Department
2700 Allaire Road
Wall Township, New Jersey 07719
732-449-4500 ext. 1400

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The Township of Wall Police Department’s (“Police Department”) Records Division received your Open Public Records Act (“OPRA”) and common law request dated July 12, 2022 on July 13, 2022. As such, the seven (7) business day deadline to respond to your request is July 22, 2022. The Police Department is responding to your request within seven (7) business days after receipt of your request as required by New Jersey law. N.J.S.A. 47:1A-5.

For ease of reference, your OPRA request seeks the following:

"May I please have copies of all documents relating to the death of Mary Patricia McCauley including but not limited to the following:
[1] 911 calls or Any police calls relating to the deceased [2] Reports written by any officers relating to the deceased [3] Any investigation reports [4] Officer body cam footage if available [5] Any other information obtained relating to the deceased *Her date of death is March 14, 2014. She was 35 at the time of her passing."

With respect to your request, the Police Department has conducted a good faith search for potentially responsive records. With respect to Items No. 1 & 4, the Police Department did not identify any records as being responsive to your request. With respect to Item No. 3, the Police Department is legally precluded from releasing the “investigation reports" because these constitute “criminal investigatory records” that are exempt from public access. N.J.S.A. 47:1A-1.1 removes “criminal investigatory records” from the definition of “government record.” These reports constitute “criminal investigatory records” as they are not required by law to be made, maintained or kept on file, and they are held by the Police Department (a law enforcement agency). As such, the reports at issue are a “criminal investigatory record” within the meaning of N.J.S.A. 47:1A-1.1 and therefore, the reports are shielded from public access. See North Jersey Media Group, Inc. v. Township of Lyndhurst, 229 N.J. 541, 574, 163 A.3d 887 (2017); Bernisky v. NJ State Police, GRC Complaint No. 2014-275 (June 2015); Massoni v. Bergen Cty. Prosecutor’s Office, GRC Complaint No. 2014-253 (February 2015); Scott v. Red Bank Police Dep’t, GRC Complaint No. 2011-244 (February 2013); Janeczko v. N.J. Dep’t of Law and Pub. Safety, Div. of Criminal Justice, GRC Complaint Nos. 2002-79 and 2002-80 (June 2004). Please be advised that the exception does not permit access to criminal investigatory records once the investigation is complete. With respect to Items No. 2 & 5, the requests seek information and/or does not identify specific government records. As such, your request is an invalid OPRA request and is denied. When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). 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. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are not required to conduct research or create new records in response to an OPRA request.

Your OPRA and common law request is now deemed answered and closed. In the event of a clarification or appeal, the Police Department reserves the right to raise any other ground for denial not raised in this response. The failure of the Police Department to assert an exception or privilege at this time does not act as a waiver of any grounds for denial. Thank you for your professional courtesies and attention to this matter.

Very truly yours,

Records & ID Bureau
Wall Township Police Department
2700 Allaire Road
Wall Township, New Jersey 07719
732-449-4500 ext. 1400

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