I am requesting body camera footage and copies of oaths of office for agents, officers, and supervisors involved in an incident on May 7, 2024, at 4620 Black Horse Pike, Mays Landing, NJ.
X (Devon Tyler of the Barber-Materio Family) made this OPRA request to Hamilton Township (Atlantic) This request has been closed to new correspondence. Contact us if you think it should be reopened.
To Whom It May Concern at the Township of Hamilton in Hamilton Township, Atlantic County, New Jersey State:
I hereby submit a request for public records under the New Jersey Open Public Records Act (OPRA) and the common law right of access. I am not required to use an official form for this request; however, please acknowledge receipt of this message.
SUBJECT: Formal OPRA Request for Public Records Concerning Incident on May 7, 2024
Dear Court Clerk and Custodian of Records,
I am formally requesting access to public records pursuant to N.J.S.A. 47:1A-1 et seq., related to an incident that occurred on May 7, 2024, during the early afternoon hours. Specifically, I seek the following records:
1. Body camera footage from each responding unit, officer, and supervisor present at the scene of the incident at 4620 Black Horse Pike, Mays Landing, New Jersey, United States of America.
2. Copies of the oath of office for all responding Township of Hamilton public employees, officers, foreign agents, and supervisors present at the scene of the incident at 4620 Black Horse Pike, Mays Landing, New Jersey, United States of America.
I am willing to cover any reasonable fees associated with the search and copying of these records. However, I request a waiver of these fees on the basis that the release of this information serves the public interest and will significantly enhance public understanding of the incident in question, particularly concerning allegations of excessive force.
According to the New Jersey Open Public Records Act, you are required to respond to this request within seven business days. Should there be any expected delay beyond this period, I would appreciate timely communication regarding the revised timeline for fulfilling this request.
Should any portion of this request be denied, please provide specific details regarding the exemptions being applied and instructions for the appeals process as stipulated by law.
Thank you for your prompt attention to this matter and for your cooperation in processing my request.
Sincerely,
Barber, Devon Tyler
Sir,
The Township of Hamilton received your Open Public Records Act request on
May 9, 2024. Your response is being provided on May 14, 2024.
Request:
1. Body camera footage from each responding unit, officer, and supervisor
present at the scene of the incident at 4620 Black Horse Pike on May
7, 2024
2. Copies of the oath of office for all responding Township of Hamilton
public employee, officer, foreign agent, and supervisors present at
the scene of the incident at 4620 Black Horse Pike on May 7, 2024.
Response:
1. In order for your request for body worn camera video from the incident
to be released there is a fee required in order to review, redact, and
supervisory review the video footage. In this case there is 153
minutes of footage which requires a fee of $267.78 (including disk,
envelope, and postage). Please submit payment made to the order of the
Township of Hamilton in this amount for the video to be provided. In
your reply kindly reference OPRA 1962.
2. Your request for the Oath of Office is denied pursuant to NJSA
47:1A1.1 Personal information. However, the names of the Officers,
title and date of oath are being provided below.
Officer Name Oath Date
Officer Stephen Boyd 1/2/2020
Sergeant Craig Clayton 9/18/2006
Officer Samantha Liepe 7/31/2023
Special Officer Arthur Train 9/25/2013
Detective Lawrence Murray 7/15/2013
Officer John McColgan 7/29/2019
Sgt. Wade Smith
Sgt. Wade Smith
1. All government records are subject to public access under the Open
Public Records Act (“OPRA”), unless specifically exempt.
2. A request for access to a government record under OPRA must be in
writing, hand-delivered, mailed, transmitted electronically, or otherwise
conveyed to the appropriate custodian. N.J.S.A. 47:1A-5.g. The seven (7)
business day response time does not commence until the records custodian
receives the request form. If you submit the request form to any other
officer or employee of the Township of Hamilton, that officer or employee
must either forward the request to the appropriate custodian, or direct
you to the appropriate custodian. N.J.S.A. 47:1A-5.h.
3. Requestors may submit requests anonymously. If you elect not to
provide a name, address, or telephone number, or other means of contact,
the custodian is not required to respond until you reappear before the
custodian seeking a response to the original request.
4. The fees for duplication of a government record in printed form are
listed on the front of this form. We will notify you of any special
service charges or other additional charges authorized by State law or
regulation before processing your request. Payment shall be made by cash,
check or money order payable to the Township of Hamilton.
5. You may be charged a 50% or other deposit when a request for copies
exceeds $25. The Township of Hamilton custodian will contact you and
advise you of any deposit requirements. You agree to pay the balance due
upon delivery of the records. Anonymous requests in excess of $5.00
require a deposit of 100% of estimated fees.
6. Under OPRA, a custodian must deny access to a person who has been
convicted of an indictable offense in New Jersey, any other state, or the
United States, and who is seeking government records containing personal
information pertaining to the person’s victim or the victim’s family. This
includes anonymous requests for said information.
7. By law, the Township of Hamilton must notify you that it grants or
denies a request for access to government records within seven (7)
business days after the agency custodian of records receives the request.
If the record requested is not currently available or is in storage, the
custodian will advise you within seven (7) business days after receipt of
the request when the record can be made available and the estimated cost
for reproduction.
8. You may be denied access to a government record if your request
would substantially disrupt agency operations and the custodian is unable
to reach a reasonable solution with you.
9. If the Township of Hamilton is unable to comply with your request
for access to a government record, the custodian will indicate the reasons
for denial on the request form or other written correspondence and send
you a signed and dated copy.
10. Except as otherwise provided by law or by agreement with the
requester, if the agency custodian of records fails to respond to you
within seven (7) business days of receiving a request, the failure to
respond is a deemed denial of your request.
11. If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Township of Hamilton to deny
access. At your option, you may either institute a proceeding in the
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
PO Box 819, Trenton, NJ, 08625, by e-mail at [1][email address], or at
their web site at [2]www.state.nj.us/grc. The Council 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.
12. Information provided on this form may be subject to disclosure under
the Open Public Records Act.
References
Visible links
1. mailto:[email address]
2. http://securemail.townshipofhamilton.com...
Dear SGT. Smith, Wade,
Subject: Re: OPRA Request 1962 – Fee Dispute and Access to Oath of Office
I am writing in response to your communication regarding the fee for access to body-worn camera footage and the denial of my request for the complete Oath of Office documents.
1. Regarding the Fee for Body-Worn Camera Footage:
The imposed fee of $267.78 for the processing of 153 minutes of footage seems excessively high and potentially prohibitive. Supreme Court case law supports the notion that such fees should not be unreasonable or burdensome. In multiple rulings, the Court has emphasized that access to public records and transparency should not be hindered by excessive fees. Therefore, I kindly request a detailed breakdown of these charges and ask for reconsideration to ensure that the fee reflects only the reasonable direct cost of producing the footage.
2. Regarding the Oath of Office:
I must contest the decision to classify the Oath of Office as personal information. An Oath of Office is a public declaration of a public servant's commitment to uphold the law and serve the community. As such, it does not qualify as personal information under NJSA 47:1A-1.1 or any other statute. It is a document that is inherently public and should be readily accessible to the citizens whom the officeholder has sworn to serve. I respectfully request that you provide the full document as per the stipulations of the Open Public Records Act (OPRA).
I appreciate your attention to these matters and look forward to your prompt and favorable resolution. Thank you for your cooperation.
Sincerely,
X (Devon Tyler of the Barber-Materio Family)
Thank you for your response and for providing the names, titles, and dates of the oaths of office for the officers listed.
However, I would like to clarify and reiterate my request for the full copies of the oaths of office. According to N.J.S.A. 47:1A-1.1, specifically under the Open Public Records Act (OPRA), the statute states:
> "Any copy of an oath of allegiance, oath of office or any affirmation taken upon assuming the duties of any public office, or that oath or affirmation, taken by a current or former officer or employee in any public office or position in this State or in any county or municipality of this State, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, except that the full name, title, and oath date of that person contained therein shall not be deemed confidential."
This section of the statute clearly indicates that the full copy of the oath of office itself is not confidential, except for the full name, title, and oath date, which must be disclosed.
Therefore, I respectfully request that you provide the full copies of the oaths of office for the officers and agents listed below:
1. Officer Stephen Boyd - Oath Date: 1/2/2020
2. Sergeant Craig Clayton - Oath Date: 9/18/2006
3. Officer Samantha Liepe - Oath Date: 7/31/2023
4. Special Officer Arthur Train - Oath Date: 9/25/2013
5. Detective Lawrence Murray - Oath Date: 7/15/2013
6. Officer John McColgan - Oath Date: 7/29/2019
I appreciate your attention to this matter and look forward to receiving the requested documents. Please let me know if there are any additional steps I need to take or if there are any concerns regarding this request.
Thank you for your cooperation.
Devon,
Please find attached the Government Records Council 14 Point Analysis for
the special service charge regarding the fee for body worn camera footage.
Regards,
Sgt. Wade Smith
══════════════════════════════════════════════════════════════════════════
From: X (Devon Tyler of the Barber-Materio Family)
<[OPRA #61522 email]>
Sent: Tuesday, May 14, 2024 3:09 PM
To: Smith, Wade <[email address]>
Subject: Internal review of OPRA request - I am requesting body camera
footage and copies of oaths of office for agents, officers, and
supervisors involved in an incident on May 7, 2024, at 4620 Black Horse
Pike, Mays Landing, NJ.
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Dear SGT. Smith, Wade,
Subject: Re: OPRA Request 1962 – Fee Dispute and Access to Oath of Office
I am writing in response to your communication regarding the fee for
access to body-worn camera footage and the denial of my request for the
complete Oath of Office documents.
1. Regarding the Fee for Body-Worn Camera Footage:
The imposed fee of $267.78 for the processing of 153 minutes of footage
seems excessively high and potentially prohibitive. Supreme Court case law
supports the notion that such fees should not be unreasonable or
burdensome. In multiple rulings, the Court has emphasized that access to
public records and transparency should not be hindered by excessive fees.
Therefore, I kindly request a detailed breakdown of these charges and ask
for reconsideration to ensure that the fee reflects only the reasonable
direct cost of producing the footage.
2. Regarding the Oath of Office:
I must contest the decision to classify the Oath of Office as personal
information. An Oath of Office is a public declaration of a public
servant's commitment to uphold the law and serve the community. As such,
it does not qualify as personal information under NJSA 47:1A-1.1 or any
other statute. It is a document that is inherently public and should be
readily accessible to the citizens whom the officeholder has sworn to
serve. I respectfully request that you provide the full document as per
the stipulations of the Open Public Records Act (OPRA).
I appreciate your attention to these matters and look forward to your
prompt and favorable resolution. Thank you for your cooperation.
Sincerely,
X (Devon Tyler of the Barber-Materio Family)
Dear SGT Smith, Wade and Whom It May Concern,
I am writing to address the municipal corporation's charge for providing public records in response to my recent OPRA request for body-worn camera footage from the incident at 4620 Black Horse Pike, Mays Landing, New Jersey on May 7, 2024.
I firmly believe that this charge is absurd, burdensome, and unfair. It is unconstitutional for me to have to pay to review evidence that pertains to the violation of my rights. Public records should be accessible to all citizens without imposing financial barriers that prevent individuals from accessing information critical to their cases or understanding their legal standing.
According to the principles of public service, municipal employees are sworn to serve the public. Charging exorbitant fees for access to public records contradicts this principle and undermines transparency and accountability in government operations. Furthermore, the costs outlined in the 14-point analysis provided are excessive and do not justify the financial burden placed on a citizen seeking justice.
The argument that significant resources are needed for redaction and review is unconvincing, given the technological capabilities available today. Advanced software can expedite these processes, reducing both the time and cost involved. Additionally, many of the requested records have already been segregated and should be readily accessible without extensive manual labor.
Moreover, I cannot afford to pay these fees as requested. Bills and financial obligations cannot resolve themselves; therefore, placing such a financial strain on an individual seeking justice is not only impractical but also unjust [Article 1, Section 10, Clause 1 of the United States Constitution, 12 U.S.C. 411, and 18 U.S.C. 8].
I respectfully request that the municipal corporation reconsider the imposition of these charges and provide the requested records without redaction and without additional cost. This request aligns with the principles of public service and the constitutional rights of citizens to access information held by the government.
Thank you for your attention to this matter. I look forward to a prompt and fair resolution.
Truly,
X (Devon Tyler of the Barber-Materio Family)