I would like to request body-cam footage of a MVA. Court ID 1352. Prefix: E23. Ticket No. 002203. Date of accident: 22March2023.
Dear Wall Township Police Department,
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:
I, S. Maldonado, would like to respectfully request body-cam footage of an MVA incident . Court ID 1352. Prefix: E23. Ticket No. 002203. Date of accident: 22March2023. Officer who conducted crash investigation was P.O. Donegan, Kevin; Badge No. 217.
Respectfully,
S. Maldonado
The Township of Wall Police Department’s (“Police Department”) Records
Division received your Open Public Records Act (“OPRA”) request dated
April 29, 2023 on May 1, 2023. As such, the seven (7) business day
deadline to respond to your request is May 10, 2023. 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:
I, S. Maldonado, would like to respectfully request body-cam footage of an
MVA incident . Court ID 1352. Prefix: E23. Ticket No. 002203. Date of
accident: 22March2023. Officer who conducted crash investigation
was P.O. Donegan, Kevin; Badge No. 217.
With respect to you request, the Police Department conducted a good faith
search for responsive records. Due to the nature of the records sought,
the body worn camera requires our thorough review and redaction to ensure
that any confidential, privileged, or otherwise exempt information is not
inadvertently disclosed. Due to a lack of available staff, your request
is taking longer than anticipated. The Police Department is requesting an
extension of time, in accordance with New Jersey law. See Scheeler v. New
Jersey Department of Educ., GRC Complaint No. 2014-123 (Feb. 2016). An
extension of five (5) business days will be required through the end of
business on May 17, 2023. Thank you for your professional courtesies.
Records & ID Bureau
Wall Township Police Department
2700 Allaire Road
Wall Township, New Jersey 07719
732-449-4500 ext. 1400
With respect to your request, the requested body worn camera will be sent
in a separate e-mail due to the file size. Please be aware that due to
the file size and program it is sent through, it is a one-time download
which may present an issue for downloading on opramachine.com. Please
e-mail [Wall Township Police Department request email] with an alternate e-mail address should you
have any issues with the download. Please note that the records have been
redacted to remove information that pertains to a citizen’s personal
information. N.J.S.A. 47:1A-1 provides that “a public agency has a
responsibility and an obligation to safeguard from public access a
citizen’s personal information with which it has been entrusted when
disclosure thereof would violate the citizen’s reasonable expectation of
privacy.” This includes social security numbers, unlisted telephone
numbers, driver’s license numbers, personal email addresses, dates of
birth, home addresses, SBI numbers, etc. See e.g., N.J.S.A. 47:1A-5
(“Prior to allowing access to any government record, the custodian thereof
shall redact from that record any information which discloses the social
security number, credit card number, unlisted telephone number, or driver
license number of any person[.]”); Mawhinney v. Egg Harbor City Police
Department (Atlantic), GRC Complaint No. 2015-85 (2016) (no challenge made
to the redaction of social security and SBI numbers); Herron v. New Jersey
Department of Education, GRC Complaint No. 2011-268 and 2011-269 (2012)
(finding that the records custodian lawfully denied access to dates of
birth); Wolosky v. Somerset Cty., A-1024-15T4, 2017 WL 1179852, at *3
(N.J. Super. Ct. App. Div. Mar. 30, 2017) (stating that “home addresses do
not directly relate to the ‘core concern’ of OPRA, which is to allow
citizens access to records pertaining to the transaction of government
business”). In Serrano v. South Brunswick Twp., 358 N.J. Super. 352 (App.
Div. 2003), the Court held that “[w]ith the enactment of OPRA, it is
reasonable to anticipate that its declaration of the ‘public policy’
respecting the ‘citizen’s reasonable expectation of privacy; will be
considered extensively by the GRC and the courts.” Id. at 368. Also, the
disclosure of the personal information of an individual involved in an
incident could result in unsolicited contact or confrontation. Perino v.
Borough of Haddon Heights, GRC Complaint No. 2004-128 (November 2004).
The records have also been redacted per N.J.S.A 47:1A-1.1 to remove
administrative or technical information regarding computer hardware,
software and networks which, if disclosed, would jeopardize computer
security.
Your OPRA 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.
Records & ID Bureau
Wall Township Police Department
2700 Allaire Road
Wall Township, New Jersey 07719
732-449-4500 ext. 1400
From: OPRA
Sent: Wednesday, May 10, 2023 3:59 PM
To: Santino Maldonado
<[OPRA #42104 email]>
Subject: RE: OPRA request - I would like to request body-cam footage of a
MVA. Court ID 1352. Prefix: E23. Ticket No. 002203. Date of accident:
22March2023.
The Township of Wall Police Department’s (“Police Department”) Records
Division received your Open Public Records Act (“OPRA”) request dated
April 29, 2023 on May 1, 2023. As such, the seven (7) business day
deadline to respond to your request is May 10, 2023. 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:
I, S. Maldonado, would like to respectfully request body-cam footage of an
MVA incident . Court ID 1352. Prefix: E23. Ticket No. 002203. Date of
accident: 22March2023. Officer who conducted crash investigation
was P.O. Donegan, Kevin; Badge No. 217.
With respect to you request, the Police Department conducted a good faith
search for responsive records. Due to the nature of the records sought,
the body worn camera requires our thorough review and redaction to ensure
that any confidential, privileged, or otherwise exempt information is not
inadvertently disclosed. Due to a lack of available staff, your request
is taking longer than anticipated. The Police Department is requesting an
extension of time, in accordance with New Jersey law. See Scheeler v. New
Jersey Department of Educ., GRC Complaint No. 2014-123 (Feb. 2016). An
extension of five (5) business days will be required through the end of
business on May 17, 2023. Thank you for your professional courtesies.
Records & ID Bureau
Wall Township Police Department
2700 Allaire Road
Wall Township, New Jersey 07719
732-449-4500 ext. 1400
New Evidence Available
Dear [OPRA #42104 email],
Wall Township Police Department has shared [1]new evidence with you. Click
View Evidence to access the evidence.
[2]Button
Once you have access click Download. After download completes, unzip the
contents. Find and double click the file Table_of_Contents.html. Click on
videos to play them in the browser.
Need synchronized playblack of multiple recorded events or advanced audio
controls? [3]Download this player..
Shared Evidence: OPRA Response BWC-217 2023-00874
Share ID: 2304-2KVM6X
Shared By: Wall Township Police Department
Expires On: 6/1/2023
Sincerely,
Wall Township Police Department
[4]Agency Logo
[5]WatchGuard CLOUD-SHARE
CLOUD-SHARE is a service provided by WatchGuard Video. To learn more about
CLOUD-SHARE, visit [6]EvidenceLibrary.com. To learn more about WatchGuard
Video, visit [7]WatchGuardVideo.com.
WatchGuard Video
415 Century Parkway
Allen, TX 75013
(800) 605-6734
[8]WatchGuardVideo.com
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