Internal Affairs Reports, Tort Claim and Section 10 information (20230512-1.txt)
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:
On October 25, 2018, I wrote an article on transparencynj.com titled "Absecon confidentially paid out $85,000 to settle motel manager’s police excessive force lawsuit." The settlement arose out of Surti v. Absecon Police Department, et al, Federal Case No. 1:15-cv-03949 which alleged that Officer Kevin Craig "sprayed [a motel manager who had complained about the manner in which Officer Craig was handling a call for service] with pepper spray in the eyes [and] moved the canister back and forth horizontally several times across [the manager's] eyes."
The recently released Major Discipline covering 2022 shows that Officer Craig was suspended for 30 days due to a sustained charge of 3:1.5 Performance Of Duty arising out of "a call related to a family dispute" where "Officer Craig had an interaction with a juvenile on duty which was determined by IA investigators to involve excessive force and resulted in an improper arrest."
I believe there is a very strong public interest in disclosure of the records requested below and the factors in Rivera v. Union County Prosecutor’s Office, 250 N.J. 124 (2022) weigh in favor of access. The IA report relating to the 2022 major discipline relates to excessive force (factor 1), a sustained finding (factor 2), major discipline was disclosed (factor 3) and this officer has a pattern of misconduct that has put the public at harm (factor 5). I am aware that in Rivera v. Absecon, Judge Blee granted access to an IA report relating to 2021 major discipline for excessive force and I fail to see how he would rule differently here. As to the IA report relating to the force that resulted in the 2018 settlement, I believe the public has a strong interest in disclosure of it given that it resulted in taxpayer money expended in a settlement and this officer has two sustained excessive force incidents after that. Additionally, I know in the Rivera v. Absecon case that Judge Blee had ordered prior IA reports to be disclosed, so I believe he would rule that way again if I were to sue.
RECORDS REQUESTED:
1. Any internal affairs investigation reports regarding the major discipline imposed upon Officer Kevin Craig arising out of the 2022 incident described above.
2. Any internal affairs investigation reports regarding any discipline imposed upon Officer Kevin Craig arising out of the 2018 incident described involving the motel manager.
3. Any Notice of Tort Claim filed by anyone who claimed to be impacted by Officer Craig's application of excessive force during his interaction with juvenile, i.e., the conduct that warranted his 30-day suspension.
4. Body Worn Camera footage of Officer Craig's interaction with motel manager Surti.
5. Body Worn Camera footage of Officer Craig's interaction with the juvenile that resulted in his 30-day suspension.
6. For Kevin Craig, his "name, title, position, most recent annual salary, length of service, date of separation and the reason therefor." (See N.J.S.A. 47:1A-10).
Ms. Crone:
I'm just confirming through OPRAMachine that we arranged, via e-mail, for July 14, 2023 to be the due date for this request.
Thank you.
John Paff
Good Morning,
Below please find the response to your OPRA and Common Law request filed with the City of Absecon. A follow up email with the redacted BWC will be sent once they are ready.
1. Any internal affairs investigation reports regarding the major discipline imposed upon Officer Kevin Craig arising out of the 2022 incident described above.
Redactions have been made in accordance with Rivera v. Union County Prosecutor’s Office, 250 N.J. 124 (2022)(Redactions should at a minimum include "names of complainants, witnesses, informants, and cooperators, as well as information that could reasonably lead to the discovery of their names; non-public, personal identifying information about officers and others, such as their home addresses and phone numbers; and personal information that would violate a person’s reasonable expectation of privacy if disclosed, such as medical information.”) See Rivera at 150. These redactions the names of the name of the juvenile complainant, witnesses, and any personal identifiers. Redactions have also been made to the complainant's address pursuant and personal identifierst to N.J.S.A. 47:1A-1 exempting from disclosure a citizen’s personal information as such disclosure would violate the citizen’s reasonable expectation of privacy.
2. Any internal affairs investigation reports regarding any discipline imposed upon Officer Kevin Craig arising out of the 2018 incident described involving the motel manager.
See attached
3. Any Notice of Tort Claim filed by anyone who claimed to be impacted by Officer Craig's application of excessive force during his interaction with juvenile, i.e., the conduct that warranted his 30-day suspension.
None available
4. Body Worn Camera footage of Officer Craig's interaction with motel manager Surti.
None available.
5. Body Worn Camera footage of Officer Craig's interaction with the juvenile that resulted in his 30-day suspension.
[Redacted Video to be supplied by Police Department] Redactions have also been made to the complainant's address pursuant and personal identifiers to N.J.S.A. 47:1A-1 exempting from disclosure a citizen’s personal information as such disclosure would violate the citizen’s reasonable expectation of privacy. This includes, name, address, phone numbers, date of birth, and medical information. Moreover, images of complainant, and by extension, complainant's family and other witnesses, the identity of which may reasonably lead to disclose the identity of the juvenile.
6. For Kevin Craig, his "name, title, position, most recent annual salary, length of service, date of separation and the reason therefor." (See N.J.S.A. 47:1A-10).
Kevin Craig, Patrolman, last salary was for 2022, $103,763.00, hire date was 9/9/2003, separated due to involuntary disability retirement on 7/1/2022
Regards,
Carie
Sorry, please see attached the IA Report that was accidently omitted from the original email. This is in response to request #1 below.
Thank you,
Carie
Good Afternoon,
This email is the final response for your Open Public Records Request
filed with the City of Absecon dated 5/21/2023.
Please click on the link below to open the files containing the Body Worn
Camera footage.
Redactions have been made to ensure compliance with N.J.S.A.2A:4A-60.
Redactions have also been made to the complainant's address pursuant and
personal identifiers pursuant to N.J.S.A. 47:1A-1exempting from disclosure
a citizen’s personal information as such disclosure would violate the
citizen’s reasonable expectation of privacy. This includes, name, address,
phone numbers, date of birth, and medical information. Moreover, images
of complainant, and by extension, complainant's family and other
witnesses, the identity of which may reasonably lead to disclose the
address and the identities of the parties and juveniles.
Thank you,
Carie
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John Paff left an annotation ()
On June 22, 2023, I e-mailed the following:
June 22, 2023
Carie A. Crone, Clerk
Jessica Thompson, Administrator
via e-mail
Dear Ms. Crone and Ms. Thompson:
Please find attached a screenshot of my Open Public Records Act (OPRA) request, which I submitted through OPRAMachine on May 21, 2023. I noticed that OPRAMachine has marked it as "long overdue" today, prompting me to reach out to you.
Could you advise whether the City has received and/or responded to this request? OPRAMachine has no record of receiving a response.
Thank you for your attention to this issue.