July 25, 2020 Protest that was organized by Emily Gil

The request was refused by Englewood Cliffs Borough.

Dear Englewood Cliffs 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:

Please send your response in PDF format.

1. I seek all Body-Worn Camera Footage and audio communication recordings for any police officers involved for the July 25, 2020 Protest that was organized by Emily Gil.

2. Please provide all dash camera footage and audio communication for any police car involved for the July 25, 2020 Protest that was organized by Emily Gil.

3. Any and all radio transmissions between 911 dispatch and any officers involved for the July 25, 2020 Protest that was organized by Emily Gil.

4. Any and all cell phone calls/phone calls between 911 dispatch and any officers involved for the July 25, 2020 Protest that was organized by Emily Gil.

5. A copy of any and all cell phone texts between 911 dispatch and any officers involved for the July 25, 2020 Protest that was organized by Emily Gil.

6. A list of all Englewood Cliffs Borough police officers and other police officers from other law enforcement agencies/police departments by rank, name and badge number that were involved during the July 25, 2020 Protest that was organized by Emily Gil.

7. Copies all CAD reports, police incident reports and notes including overtime reports and expenses as well as any other departments involved as well as their notes and observations as well as their reports pertaining to the July 25, 2020 Protest that was organized by Emily Gil.

https://www.nj.com/bergen/2020/08/nj-tee...

Please include a Record Index with your response.
*A record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.

Yours faithfully,

ASK NJ Media Co.

Lisette Duffy, Englewood Cliffs Borough

Good afternoon,

The police department is working on gathering responsive records for your request. Additional time is needed to fill your OPRA.

You will have responsive records on our before September 25, 2020
Any questions, do not hesitate to contact my office.

Thank you,

Lisette M. Duffy, RMC, CMR
Borough Administrator/Borough Clerk
Registrar of Vital Statistics
Borough of Englewood Cliffs
482 Hudson Terrace
Englewood Cliffs, NJ. 07632
(o) 201-569-5252 ext. 480
(f)  201-569-4356
www.englewoodcliffsnj.org

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Lisette Duffy, Englewood Cliffs Borough

Good evening,

Our police department is working on obtaining the records you requested. We are asking for additional time to retrieve the records and complete your OPRA. You will have response on or before Friday, October 15.

Any questions, do not hesitate to contact my office.

Thank you,

Lisette M. Duffy, RMC, CMR
Borough Administrator/Borough Clerk
Registrar of Vital Statistics
Borough of Englewood Cliffs
482 Hudson Terrace
Englewood Cliffs, NJ. 07632
(o) 201-569-5252 ext. 480
(f) 201-569-4356
www.englewoodcliffsnj.org

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Lisette Duffy, Englewood Cliffs Borough

Good afternoon,

Pursuant to your OPRA request, please note the following:

1) No responsive records
2) No responsive records
3 & 4) A disc containing the requested recordings is ready for pickup. The amount due is $103.80 (hourly rate for the lowest paid employee able to fill the OPRA request). Under OPRA, it is permissible to assess a Special Service Charge.
5) No responsive records
6) Denied based on N.J.S.A. 47:1A-1.1 (Security measures and surveillance techniques)
7) Partially denied based on N.J.S.A. 47:1A-1.1 (Security measures and surveillance techniques). The total amount spent on police overtime was $2,499.26.
Any questions, do not hesitate to contact my office.

Thank you,

Lisette M. Duffy, RMC, CMR
Borough Administrator/Borough Clerk
Registrar of Vital Statistics
Borough of Englewood Cliffs
482 Hudson Terrace
Englewood Cliffs, NJ. 07632
(o) 201-569-5252 ext. 480
(f) 201-569-4356
www.englewoodcliffsnj.org

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Dear Lisette Duffy,
I’m sorry, but OPRA states that “the requestor shall have the opportunity to review and object to the charge prior to it being incurred.” NJSA 47:1A-5(c). You did not give me any opportunity to object or to revise my request to avoid a service charge. You also did not even tell me how this charge was calculated so that I could see if it was reasonable. It seems absurd that producing reports for a single event would cost over $2000! Please release them without a charge.

Yours sincerely,

ASK NJ Media

Lisette Duffy, Englewood Cliffs Borough

Good afternoon,

We are giving you the opportunity to revise your request regarding numbers 3 & 4.
The reference to $2499.26 was the cost of the police overtime for the protest, not an amount we are charging you to produce the items. In fact, we are not producing the records for number 7 below but were volunteering to you what the amount of overtime cost.

If you believe the response is deficient, please do not hesitate to contact my office to discuss.

Thank you,

Lisette M. Duffy, RMC, CMR
Borough Administrator/Borough Clerk
Registrar of Vital Statistics
Borough of Englewood Cliffs
482 Hudson Terrace
Englewood Cliffs, NJ. 07632
(o) 201-569-5252 ext. 480
(f)  201-569-4356
www.englewoodcliffsnj.org

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Dear Lisette Duffy,
OPRA requires you to calculate the cost at the lowest hourly rate of the person capable of fulfilling the request. You need to provide a breakdown. At this point, you have not told me the hourly rate, how many hours it will take, and even how many responsive records there are so that I could decide whether to narrow my request instead of pay a fee.

Yours sincerely,

ASK NJ Media

Lisette Duffy, Englewood Cliffs Borough

Good afternoon,

 

Please see below my original response to you dated September 30^th.   I
highlighted in yellow the response that states the hourly rate for the
lowest paid employee able to fill the OPRA.

The hourly rate was included in the response which is $103.80.   Also
detailed in the response, is that the disc included the items you
requested in your OPRA request for nos. 3 and 4.

 

I’m happy to speak with you if easier to go over the request and response.

 

If you believe the response is deficient, please do not hesitate to
contact my office to discuss.

 

Thank you,

Lisette M. Duffy, RMC, CMR

Borough Administrator/Borough Clerk

Registrar of Vital Statistics

Borough of Englewood Cliffs

482 Hudson Terrace

Englewood Cliffs, NJ. 07632

(o) 201-569-5252 ext. 480

(f)  201-569-4356

[1]www.englewoodcliffsnj.org

 

 

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