False Arrest of Michael G. Mylod / Falsified Police Reports by Det. Adam Pharo / Settlement Paid to Michael G. Mylod

Response to this request is long overdue. By law, under all circumstances, Manasquan Borough should have responded by now (details). You can complain by requesting an internal review.

PSNJ, Ironbound Media

Dear Manasquan Borough,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:

-Arrest report of Michael G. Mylod on/about October 24, 2014 referencing an alleged "DWI/DUI" incident.

-Any and all related documents regarding and/or in reference to the arrest of Michael G. Mylod on/about October 24, 2014.

-All "DWI/DUI" arrest reports written, authored, and/or submitted by Manasquan police employee Adam Pharo between 1/1/2014 and 12/31/2014.

-Any releasable records regarding and/or in reference to any internal affairs investigations and/or complaints filed involving Manasquan police employee Adam Pharo.

-Any and all releasable records regarding and/or in reference to settlement monies paid out by, or on behalf of, Manasquan Borough regarding the arrest of Michael G. Mylod.

-Total cost incurred to the taxpayers of Manasquan Borough regarding and/or in reference to the arrest of Michael G. Mylod, including but not limited to overtime, legal fees, lawyers fees, court costs, expert witness fees, judgements, and/or settlements.

Sincerely,

PSNJ, Ironbound Media

PSNJ, Ironbound Media

Manasquan Borough,

My records request under OPRA has gone unanswered, and no response has been provided in any way. In accordance with N.J.S.A. 47:1A-5.i, you are in violation.
I am now requesting an internal review within your agency to determine why access to your records has been refused. My OPRA request now includes any records generated documenting that review; please provide those records immediately upon availability.
Additionally, I will be registering a Denial of Access Complaint with the Government Records Council due to your failure to comply with law if you do not respond within 24 hours.

Custodians should fulfill a request as soon as possible but NOT LATER THAN SEVEN (7) BUSINESS DAYS after the request is received, provided that the record is currently available and not in storage or archived. N.J.S.A. 47:1A-5.i. Day One (1) is the day following the custodian’s receipt of the request. It is the GRC’s position that a custodian’s written response either granting access, denying access, seeking clarification or requesting an extension of time within the statutorily mandated seven (7) business days, even if said response is not on the agency’s official OPRA request form, is a valid response pursuant to OPRA. If the custodian fails to respond to the requestor within seven (7) business days after receiving a request, the FAILURE TO RESPOND will be deemed a denial of the request. N.J.S.A. 47:1A-5.i.

PSNJ, Ironbound Media

Manasquan Borough

I will be out of the office on Friday afternoon, July 20 returning on
Monday, July 30.  If you need immediate assistance please contact Nancy
Acciavatti at 732-223-0544 ext. 236 or [1][email address]
PLEASE TAKE NOTE THAT MANASQUAN E-MAIL AND WEBSITE HAVE CHANGED
FROM -[2]NJ.COM TO -[3]NJ.GOV

--

Barbara J. Ilaria, RMC, CMR

Municipal Clerk

Borough of Manasquan

[4]201 East Main Street

Manasquan, NJ  08736

P [5]732-223-0544 

F [6]732-223-1300

E-mail: [7][Manasquan Borough request email]

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WARNING: Email received by or sent to Borough Officials are subject to the
Open Public Records Act [OPRA].This message is intended only for the use
of the addressees. It may contain privileged and/or confidential
information that should not be disclosed under applicable law. If you are
not an addressee, or the employee or agent responsible to deliver this
message to an addressee, you are notified that any use or dissemination of
this message is prohibited, and that you should destroy/delete it
immediately and advise the sender. Thank you for your cooperation. 

References

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3. http://nj.gov/
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5. file:///tmp/tel:(732)%20223-0544
6. file:///tmp/tel:(732)%20223-1300
7. mailto:[Manasquan Borough request email]

PSNJ, Ironbound Media

Manasquan Borough,

For the record, this request was submitted to your office and received by you five (5) business days before you took leave of your duties on 7/20/2018. Ignoring this request until you return to your office is a failure of your responsibilities to the public you serve and is not acceptable. I shall be submitting my complaint forthwith to the GRC due to your blatant disregard of your duties and careless violation of law.

PSNJ, Ironbound Media

Manasquan Borough

I will be out of the office on Friday afternoon, July 20 returning on
Monday, July 30.  If you need immediate assistance please contact Nancy
Acciavatti at 732-223-0544 ext. 236 or [1][email address]
PLEASE TAKE NOTE THAT MANASQUAN E-MAIL AND WEBSITE HAVE CHANGED
FROM -[2]NJ.COM TO -[3]NJ.GOV

--

Barbara J. Ilaria, RMC, CMR

Municipal Clerk

Borough of Manasquan

[4]201 East Main Street

Manasquan, NJ  08736

P [5]732-223-0544 

F [6]732-223-1300

E-mail: [7][Manasquan Borough request email]

 "Like" Manasquan on Facebook Today!

WARNING: Email received by or sent to Borough Officials are subject to the
Open Public Records Act [OPRA].This message is intended only for the use
of the addressees. It may contain privileged and/or confidential
information that should not be disclosed under applicable law. If you are
not an addressee, or the employee or agent responsible to deliver this
message to an addressee, you are notified that any use or dissemination of
this message is prohibited, and that you should destroy/delete it
immediately and advise the sender. Thank you for your cooperation. 

References

Visible links
1. mailto:[email address]
2. http://nj.com/
3. http://nj.gov/
4. https://maps.google.com/?q=201+East+Main...
5. file:///tmp/tel:(732)%20223-0544
6. file:///tmp/tel:(732)%20223-1300
7. mailto:[Manasquan Borough request email]

Acciavatti, Nancy, Manasquan Borough

4 Attachments

Dear PSNJ, Ironbound Media,
Please find the attached documents related to your OPRA request dated July
13, 2018 to the Borough of Manasquan.  
Please note that as per OPRA regulations personal information has been
redacted. 
Item #1 -  see attached  - additional redaction as per statute N.J.S.A
47:1A-9
Item #2  - see attached
Item #3  - see attached
Item #4  - As per statute N.J.S.A. 47:1A-10 (23) - Internal affairs not
allowed by OPRAble  
Item #5  - see attached 
Item #6  - No documents responsive to the request. 
By providing these documents this will close this OPRA request as
fulfilled.
Please contact our office if you should have any questions.
Nancy Acciavatti, RMC
Deputy Municipal Clerk
Borough of Manasquan

Nancy Acciavatti, RMC 

Deputy Municipal Clerk

Borough of Manasquan

[1]732-223-0544 ext. 236
[2][email address]

 WARNING: Email received by or sent to Borough Officials are subject to
the Open Public Records Act [OPRA].This message is intended only for the
use of the addressees. It may contain privileged and/or confidential
information that should not be disclosed under applicable law. If you are
not an addressee, or the employee or agent responsible to deliver this
message to an addressee, you are notified that any use or dissemination of
this message is prohibited, and that you should destroy/delete it
immediately and advise the sender. Thank you for your cooperation.

P please don't print this e-mail unless you really need to.
On Thu, Jul 26, 2018 at 2:40 PM, Yvonne Ray <[3][email address]>
wrote:

show quoted sections

PSNJ, Ironbound Media

Dear Acciavatti, Nancy,

This request is not closed. The information was not disclosed within the timeframe described by law, and I have requested an internal review to determine why your office failed to respond in a timely manner. I have requested that the documents resulting from that review be provided.
Please provide those documents as requested within a timely manner.

PSNJ, Ironbound Media

Ilaria, Barbara, Manasquan Borough

4 Attachments

Dear   PSNJ, Ironbound Media - The information sent to you by Ms.
Acciavatti was to fulfill your original request submitted on July 13,
2018.  The additional request for documents was submitted on July 26,
2018.  This e-mail is in response to your July 26, 2018 request where you
requested an internal review to determine why my office failed to respond
in a timely manner.  You have requested that the documents resulting from
that review be provided.
Once the issue was brought to my attention I responded within your
requested 24 hour response time to the July 13, 2018 OPRA request.
This is the response to the internal review requested on July 26, 2018
regarding the documents not being submitted in a timely manner per OPRA
regulations.
Attached please find your July 13, 2018 OPRA request along with an e-mail
forwarding the request to the Deputy Custodian of Records for the Police
Department on the same date.  It is my understanding that the employee
assigned to complete this request was working with the Borough Attorney
Mark Kitrick to complete the request in a timely manner.  It is also my
understanding that the person assigned to complete the request was under
the assumption that the Borough Attorney was submitting the requested OPRA
documents when in fact the Borough Attorney was under the assumption that
the employee assigned was submitting the requested OPRA documents.
I can absolutely state that I take my custodian of records duties
seriously and would never and have never blatantly disregarded by duties
in any way.
This was just a miscommunication between the Borough and the Attorney as
to who was to submit the OPRA documents to your organization.
If you have any questions or need additional information please do not
hesitate to reach out to me.
Barbara Ilaria, CMR, RMC
Custodian of Records
732-223-0544 ext. 233
--

Barbara J. Ilaria, RMC, CMR

Municipal Clerk

Borough of Manasquan

[1]201 East Main Street

Manasquan, NJ  08736

P [2]732-223-0544 

F [3]732-223-1300

E-mail: [4][Manasquan Borough request email]

 "Like" Manasquan on Facebook Today!

WARNING: Email received by or sent to Borough Officials are subject to the
Open Public Records Act [OPRA].This message is intended only for the use
of the addressees. It may contain privileged and/or confidential
information that should not be disclosed under applicable law. If you are
not an addressee, or the employee or agent responsible to deliver this
message to an addressee, you are notified that any use or dissemination of
this message is prohibited, and that you should destroy/delete it
immediately and advise the sender. Thank you for your cooperation. 

References

Visible links
1. https://maps.google.com/?q=201+East+Main...
2. file:///tmp/tel:(732)%20223-0544
3. file:///tmp/tel:(732)%20223-1300
4. mailto:[Manasquan Borough request email]