Hanover Township, Morris County: Promoting compliance with Internal Affairs Reporting.
Please accept this as my request for government records under both OPRA and the common law right of access. Thank you very much for your commitment to transparent government.
BACKGROUND:
Please note that I am making this request based on my belief that certain mandatory reports are either missing or inadequate on the Hanover Police Department's website at https://hanoverpolice.com/Forms/Internal... or may be located elsewhere on a different webpage or website. If the records I am referring to are indeed available elsewhere, or if the police department has recently updated its website and the reports can be found in a place I haven't checked, kindly inform me of the URL where the "missing" files can be accessed. In such a case, please consider this OPRA (Open Public Records Act) request withdrawn.
To provide some context, according to Internal Affairs Policy & Procedures (IAPP) Section 9.11.1, the Hanover Police Department is required to file annual reports with the Morris County Prosecutor and publish them on its webpage. These reports should summarize the types of complaints received and their dispositions in a statistical format. The department has been obligated to publish these reports on its webpage since at least 2020, even though the IAPP has undergone amendments. Notably, as of 2022, the summary reports must adhere to the format specified in the Annual Internal Affairs Summary provided in Appendix K. Prior to 2022, the use of Appendix K was optional.
Furthermore, as background information, IAPP Section 9.11.2 states that the Hanover Police Department must file and publish annual reports on its website by January 31st, documenting instances of "major discipline" imposed during the previous year. Similar to the previous requirement, the department has been responsible for publishing these major discipline reports online in some form and submitting them to the Morris County Prosecutor since at least 2020. Starting with the 2022 report, these reports are required to follow the format outlined in Appendix L.
Today, I visited the aforementioned webpage to access the Department's Internal Affairs reports, which are mandated to be available on the webpage according to IAPP Section 9.11.1 and 9.11.2. However, I discovered that the reports I am requesting below are either missing or inadequate. It is my belief that the Hanover Police Department is in violation of IAPP Section 9.11.1 and 9.11.2 for not having appropriate versions of these reports on its website. (Inadequacies are noted in the comments.)
I want to clarify that the purpose of this request is not to obtain the following records for myself. Instead, it is intended to kindly prompt the Hanover Police Department to upload the missing or inadequate reports to its website, thereby ensuring compliance with the IAPP and making these important reports accessible to the public. THEREFORE, THE Hanover POLICE DEPARTMENT CAN FULFILL THIS REQUEST BY UPLOADING THE REQUESTED REPORTS TO ITS WEBPAGE OR WEBSITE AND NOTIFYING ME, IN RESPONSE TO THIS OPRA REQUEST, THAT IT HAS DONE SO. If, for any reason, the Hanover Police Department is unwilling to upload the identified reports, please provide them to me in response to this request.
RECORDS REQUESTED:
2020 IA Summary Report
2021 IA Summary Report
2022 IA Summary Report
2020 Major Discipline Report
2021 Major Discipline Report
2022 Major Discipline Report
COMMENTS: None.
--end of request
Dear Requestor,
On May 30, 2023, the Township received your request pursuant to an OPRA
request for Internal Affairs Summary Reports and Internal Affairs Major
Discipline Reports, specifically the aforementioned reports for 2020,
2021, and 2022. These reports are actually posted under the Information
tab of our website located at this link:
[1]https://hanoverpolice.com/Information/Pr...
. I have personally confirmed that the appropriate and current reports
are posted and available there. To facilitate your review of these
documents, I have also attached them to this email to facilitate your
review.
Your OPRA request is now deemed answered and closed. If your request for
access to a government record has been denied or unfilled within the
statutory timefream required by law, you have a right to challenger the
denial of access. At your option, you may either institute a proceeding
in 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 New Jersey, 08625, by e-mail at
[2][email address], or at their web site [3]www.state.nj.us/grc. The
GRC 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.
Respectfully,
John Schauder
SERGEANT #765
Township of Hanover Police Department
Criminal Investigations Section
1000 Route 10
Whippany, NJ 7981
Office Number: 973-428-2515
Cell Phone: 973-445-0786
Dispatch: 973-428-2511
[4]www.hanoverpolice.com
FBI-LEEDA Trilogy
[5]1639068357809
CONFIDENTIALITY NOTICE The information contained in this communication
from the Hanover Township Police is privileged and confidential and is
intended for the sole use of the persons or entities who are the
addressees. If you are not an intended recipient of this e-mail, the
dissemination, distribution, copying or use of the information it contains
is strictly prohibited. If you have received this communication in error,
please immediately contact the Hanover Township Police Department at
973-428-2512 to arrange for the return of this information.
References
Visible links
1. https://hanoverpolice.com/Information/Pr...
2. mailto:[email address]
3. http://www.state.nj.us/grc
4. http://www.hanoverpolice.com/
Dear Sergeant Schauder:
Your website has a dedicated "Internal Affairs" page at hanoverpolice.com/Forms/Internal-Affairs. I would think that this would be the natural place for a citizen to look for these reporting forms.
While you are correct that the reports are under the "information > Professional Standards Summary Report" page, that is not a likely place for the public to search for these reports. Would you move the reports to the "Internal Affairs" page or at least provide an obvious link on the "Internal Affairs" clicks through to the "Professional Standards Summary Report" page?
Thank you.
John Paff
Mr. Paff,
Thank you for your input. We are working on a redesign of our website and will take your suggestion into account when we layout the new tabs under the corresponding headings.
Respectfully,
John Schauder
SERGEANT #765
Township of Hanover Police Department
Criminal Investigations Section
1000 Route 10
Whippany, NJ 7981
Office Number: 973-428-2515
Cell Phone: 973-445-0786
Dispatch: 973-428-2511
www.hanoverpolice.com
FBI-LEEDA Trilogy
CONFIDENTIALITY NOTICE The information contained in this communication from the Hanover Township Police is privileged and confidential and is intended for the sole use of the persons or entities who are the addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains is strictly prohibited. If you have received this communication in error, please immediately contact the Hanover Township Police Department at 973-428-2512 to arrange for the return of this information.