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Neptune Township Deputy Mayor Tassie York - OPRA requests

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Dear Neptune Township,

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:
On January 10, 2023 you provided me with a police incident report involving Committeewoman Tassie York and her son Eric York dated May 2, 2022. The police report says "My BWC, PO Pollara's BWC, and Sgt. Taylor's BWC recorded the following call for service".
1. All BWC and video of this incident.
2. All arrest reports relating to this incident.
3. All emails/text messages/phone call logs with Neptune Township issued phones between Tassie York and Deputy Chief Fisher on May 2, 2022.
4. All liaison positions/departments in charge/department or committees she oversees or held by Tassie York while being an elected member of the governing body from April 2021 to present including her positions moving forward in 2024 when she is elected Mayor of Neptune Township.
5. Disposition of Tassie York's ethics violation sent by the governing body and Monmouth County Prosecutor's Office letter dated December 1, 2021 to the New Jersey Department of Community Affairs, Office of Ethics.

Yours faithfully,

John Klein

Gabriella Siboni, Neptune Township

2 Attachments

  • Attachment

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  • Attachment

    22 102 Township Committee Referral to Local Finance Board.pdf

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Good Morning,

The Township is in receipt of the records request. In response to the
request, please see below:

 

 

1. All BWC and video of this incident.

Due to the size of the requested documents, a onedrive link has been
created and is below to access the requested videos. If you have issues
accessing the link, please advise and we can work on another method of
production.

[1]​Folder icon[2] OPRA 23-826

 

2. All arrest reports relating to this incident.

There were no arrests related to this matter so there are no responsive
records.

 

3. All emails/text messages/phone call logs with Neptune Township issued
phones between Tassie York and Deputy Chief Fisher on May 2, 2022.

Please note that a search has been conducted for records responsive to
this request and there are no responsive records to this request

4. All liaison positions/departments in charge/department or committees
she oversees or held by Tassie York while being an elected member of the
governing body from April 2021 to present including her positions moving
forward in 2024 when she is elected Mayor of Neptune Township.

This request seeks information or asks questions and does not identify
specific government records.  As such, your request is an invalid OPRA
request and is denied.  When a request is “complex” because it fails to
specifically identify the documents sought, then that request is not
“encompassed” by OPRA. See New Jersey Builders Association v. New Jersey
Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). 
A proper request under OPRA must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency's documents.  See Bent v. Stafford
Police Department, 381 N.J.Super. 30, 37 (App. Div.  2005). Custodians are
not required to conduct research or create new records in response to an
OPRA request.  However, in an attempt to satisfy the request with existing
records, I am supplying a copy of the log of records requests received
from January 14, 2022-December 30, 2022.

 

5. Disposition of Tassie York's ethics violation sent by the governing
body and Monmouth County Prosecutor's Office letter dated December 1, 2021
to the New Jersey Department of Community Affairs, Office of Ethics.

Attached is resolution 22-102 where the Township Committee referred the
complaint to the Department of Community Affairs Local Finance Board.
There has been no additional records received on this matter.

 

 

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 Neptune 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 P.O.
Box 819, Trenton, NJ, 08625, by e-mail at [3][email address], or at
their web site at [4]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.

 

 

Best Regards,

Gabriella Siboni

Township Clerk

Township of Neptune

25 Neptune Blvd

Neptune, NJ 07753

[5][email address]

732.988.5200 Ext. 234

 

show quoted sections

Dear Gabriella Siboni,
1. All BWC and video of this incident.
Due to the size of the requested documents, a onedrive link has been
created and is below to access the requested videos. If you have issues
accessing the link, please advise and we can work on another method of
production.
[1]​Folder icon[2] OPRA 23-826

Dear Gabriella Siboni,
I could not open the above video file. I could not click on the file. Can you please resend the link to the requested videos. I would have picked them up, but I am disabled and not able to drive. Thank you.

Yours sincerely,

John Klein

We don't know whether the most recent response to this request contains information or not – if you are John Klein please sign in and let everyone know.