Hello Mr. Aboosamara – Regarding your Open Public Records Act request
received July 8, 2022 seeking records of the foyer video camera recording
in plain sight of the public on June 14, 2022, 7-10 p.m.:

I refer to a decision by the NJ Supreme Court, Gilleran vs. Bloomfield,
227 NJ 159 (2016), in which the OPRA request was for a video recording
from a security camera surveilling the back of the township’s municipal
building.

The Court held that such videos are not subject to OPRA because they could
reveal the capabilities and vulnerabilities of the surveillance cameras,
and thereby compromise public safety. For this reason, your request under
the Open Public Records Act is being denied.

Regarding your request under the common law, a common law balancing test
must be performed. In order to grant your request under the common law,
you must demonstrate your need for the video, and that need must outweigh
the public safety concerns.

Please describe your reason for needing this video, and I will perform the
balancing test. Thank you -

-----Original Message-----
From: "Dominick B. Aboosamara"
<[OPRA #33656 email]>
Sent: Friday, July 8, 2022 3:59pm
To: "OPRA requests at Flemington Borough"
<[Flemington Borough request email]>
Subject: OPRA request - Flemington Borough 38 Park Ave Foyer Video Camera
Recording

Dear Flemington Borough,

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:

Flemington Borough Hall (38 Park Ave, Flemington, NJ) Foyer video camera
recording in plain sight of the public ONLY for June 14th, 2022 from
7:00PM to 10:00PM.

Yours faithfully,

Dominick B. Aboosamara

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Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #33656 email]

Is [Flemington Borough request email] the wrong address for OPRA requests to
Flemington Borough? If so, please contact us using this form:
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:
https://opramachine.com/help/officers

View this OPRA request & responses online:
https://opramachine.com/request/flemingt...

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.

-------------------------------------------------------------------

Sallie Graziano
Clerk, Borough of Flemington
908-782-8840

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Helo Mr. Aboosamara - After weighing the factors, I have determined that
your interest in the security camera footage does not outweight the
security concerns of the Borough.  Releasing the security footage would
reveal the angle of the camera and any blindspots in the camera’s view. 
Therefore, your request is denied under the common law.

- Sallie Graziano

-----Original Message-----
From: "Dominick B. Aboosamara"
<[OPRA #33656 email]>
Sent: Monday, July 18, 2022 9:59pm
To: "[Flemington Borough request email]" <[Flemington Borough request email]>
Subject: RE: OPRA request - Flemington Borough 38 Park Ave Foyer Video
Camera Recording

Dear [Flemington Borough request email],

On this date and time period requested, I believe there is an integrity
issue with a member of The Flemington Borough Planning Board during the
June 14th, 2022 Flemington Planning Board meeting. The member in question,
was seen in person speaking with a witness who was testifying for an
application while the member of the board was recused from the
application.

If needed, I could provide shorten time frame to request. But this request
has no bearing on security as this was a publicly held meeting and this
foyer could be viewed by the public during this time making no concern to
a parking space for five (5)days or 24 hours as in GILLERAN v. THE
TOWNSHIP OF BLOOMFIELD.

Yours sincerely,

Dominick B. Aboosamara

-----Original Message-----

Hello Mr. Aboosamara – Regarding your Open Public Records Act request
received July 8, 2022 seeking records of the foyer video camera recording
in plain sight of the public on June 14, 2022, 7-10 p.m.:

I refer to a decision by the NJ Supreme Court, Gilleran vs. Bloomfield,
227 NJ 159 (2016), in which the OPRA request was for a video recording
from a security camera surveilling the back of the township’s municipal
building.

The Court held that such videos are not subject to OPRA because they could
reveal the capabilities and vulnerabilities of the surveillance cameras,
and thereby compromise public safety. For this reason, your request under
the Open Public Records Act is being denied.

Regarding your request under the common law, a common law balancing test
must be performed. In order to grant your request under the common law,
you must demonstrate your need for the video, and that need must outweigh
the public safety concerns.

Please describe your reason for needing this video, and I will perform the
balancing test. Thank you -

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[OPRA #33656 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers

View this OPRA request & responses online:
https://opramachine.com/request/flemingt...

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.
-------------------------------------------------------------------

hide quoted sections