S.I. Newhouse Center for Law and Justice
Rutgers, The State University of New Jersey
123 Washington Street
Newark, New Jersey 07102-3094
p. 973-353-3159

March 9, 2026

Municipal Clerk for Municipal Police

RE: Open Public Records Act and Common Law Request Regarding Newton Police Department Policies on Probable Cause, Complaint Approval, Arrest Authority, Assault Charging, and Response to Firearms / Armed-Person / Emergency Threat Incidents

Dear Records Custodian,

Pursuant to the New Jersey Open Public Records Act (OPRA – N.J.S.A. 47:1A-1, et seq.) and common law right of access, I write seeking to obtain records related to the Newton Police Department’s policies, procedures, directives, training, and practices concerning probable cause determinations, complaint approval, arrest authority in cases where the alleged offense was not committed in the officer’s presence, charging and probable-cause determinations in assault matters, and the Department’s response to reports involving firearms on school grounds, armed persons, and emergency threats. I ask that you please direct this request to all appropriate offices, departments, and records custodians within the Department that may supply any of the records sought through this request.
A. My Common Law Interest
I seek these records in connection with matters of substantial public concern involving police charging practices, exercise of arrest authority, emergency threat response, and the existence and implementation of departmental rules governing these activities. These records bear directly on how the Newton Police Department interprets and applies legal standards governing probable cause, supervisory review of complaints, arrest authority, assault charging decisions, and emergency responses to armed-person and firearm-related incidents on educational property. Disclosure of these records will promote transparency concerning the Department’s written policies and training, and will allow the public to assess whether those policies are clearly defined, consistently applied, and in compliance with governing law and public safety obligations.

I greatly appreciate your assistance in providing the following documents.

B. Requested Records

I. Policies, Regulations, Memoranda, Guidance, and Forms

1. Probable Cause and Complaint Approval Policies
All records of policies, regulations, memoranda, guidance, directives, standard operating procedures, general orders, manuals, training bulletins, checklists, or forms that the Department has adopted concerning probable cause determinations, approval or review of criminal complaints, complaint-summonses, complaint-warrants, affidavits of probable cause, or supervisory approval of charging decisions.
Date Range: January 1, 2020 to the present.

2. Arrest Authority When Offense Was Not Committed in Officer’s Presence
All records of policies, procedures, protocols, directives, general orders, memoranda, manuals, training bulletins, checklists, or forms that the Department has adopted concerning the authority of officers to arrest, charge, issue a summons, or seek a warrant where the alleged offense was not committed in the officer’s presence.
Examples of such policies may pertain to how the Department:
a. determines whether an officer may arrest without having observed the offense;
b. distinguishes between arrest authority, summons authority, and warrant procedures in such cases;
c. obtains supervisory approval before making such an arrest or initiating such a charge;
d. consults with prosecutors or legal advisors regarding such authority; or
e. documents the factual basis for probable cause where the alleged offense was not committed in the officer’s presence.
Date Range: January 1, 2020 to the present.

3. Charging / Probable Cause / Assault Protocol Policies
All records of policies, procedures, protocols, directives, general orders, memoranda, manuals, training bulletins, checklists, or forms that the Department has adopted concerning charging decisions in assault cases, including simple assault, aggravated assault, disorderly persons offenses involving assaultive conduct, and related probable-cause determinations.
Examples of such policies may pertain to how the Department:
a. distinguishes between simple assault and aggravated assault;
b. evaluates injury, intent, bodily injury, significant bodily injury, or use of force in charging decisions;
c. uses witness statements, victim statements, officer observations, video evidence, photographs, and other evidence in determining charges;
d. obtains supervisory approval of assault charges;
e. prepares affidavits of probable cause or charging documents in assault matters; or
f. determines whether to arrest, issue a summons, or seek a warrant in assault matters.
Date Range: January 1, 2020 to the present.

4. Response to Firearms on School Grounds / Armed Person / Emergency Threat Policies
All records of policies, procedures, protocols, directives, general orders, memoranda, manuals, training bulletins, checklists, or forms that the Department has adopted concerning responses to reports involving firearms or other weapons on school grounds, college grounds, or other educational property, including reports of an armed person, active threat, emergency threat, or terroristic threat.
Examples of such policies may pertain to how the Department:
a. responds to a report that a firearm is present on school or college property;
b. responds to reports of an armed person;
c. evaluates and documents emergency threats or threats of violence;
d. coordinates with school administrators, school security, dispatch, or prosecutors in such incidents;
e. determines whether immediate enforcement, investigation, detention, seizure, or escalation is required;
f. documents and reviews such incidents through supervisors or command staff; or
g. handles reports of firearms possessed, displayed, stored, or left unattended on educational property.
Date Range: January 1, 2020 to the present.

II. Training Records

5. Training Materials
All records that the Department has used to train its members concerning the policies, procedures, and subject matters described in requests numbers 1 through 4, including training materials, lesson plans, manuals, memoranda, bulletins, and PowerPoint presentations.
Date Range: January 1, 2020 to the present.

6. Training Completion Records
Any training log records that the Department has created to track the completion of training by its employees concerning the policy areas described in requests numbers 1 through 4, including attendance rosters, sign-in sheets, completion records, course records, or certification records.
Date Range: January 1, 2020 to the present.

III. Agreements, Coordination Documents, and Interagency Guidance

7. Interagency Agreements or Coordination Documents
All agreements, memoranda of understanding, coordination agreements, or other written guidance between the Department and any prosecutor’s office, school, college, university, school security department, or other public agency concerning complaint approval, probable cause review, charging authority, arrest authority where the offense was not committed in the officer’s presence, assault charging protocols, or emergency response to firearms or armed-person incidents on educational property.
Date Range: January 1, 2020 to the present.

IV. Incident Classification, Review, and Reporting Materials

8. Forms, Checklists, or Review Documents Used in Practice
All forms, templates, checklists, worksheets, review sheets, or internal guidance documents used by the Department in practice to:
a. evaluate probable cause;
b. approve or review complaints;
c. determine arrest authority where the offense was not committed in the officer’s presence;
d. classify assault charges; or
e. review or escalate reports involving firearms on school grounds, armed persons, or emergency threats.
Date Range: January 1, 2020 to the present.

V. Communications Records

9. Communications Concerning Policy Development or Implementation
All communications (herein, “communications” refers to emails, texts, memoranda, letters, or other written communications) concerning the development, revision, interpretation, or implementation of the policies described in requests numbers 1 through 4 between Department command staff or supervising staff and the following types of Department employees:
a. those who contribute to the development of Department policy;
b. those who review complaints or charging decisions;
c. those who conduct investigations or interviews; and
d. those who respond to school, college, armed-person, or emergency threat incidents.
Date Range: January 1, 2020 to the present.

10. External Communications Concerning Policy Development or Implementation
All communications concerning the development, revision, interpretation, or implementation of the policies described in requests numbers 1 through 4 between Department personnel and individuals in the following external agencies or institutions:
a. the Sussex County Prosecutor’s Office;
b. the New Jersey Office of the Attorney General;
c. any school district, college, or university located within or served by the Department;
d. school security or campus safety personnel; or
e. any other law enforcement agency involved in policy coordination regarding these subjects.
Date Range: January 1, 2020 to the present.
I request that all responsive records be sent as electronic files via email to [email address]. If the Department cannot provide responsive documents to certain requests above, please indicate the number of the request and the reason for the denial.
As N.J.S.A. 47:1A-5(i) provides that public agencies respond to OPRA records requests within 7 business days, I look forward to hearing from you within this time.

Thank you in advance and I look forward to your response.

Sincerely,
Dean Rose Cuison-Villazor
Vice Dean, Professor of Law and Chancellor’s Social Justice Scholar
Director, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (973) 353-3159
Email: [email address]

Dr. Peter Mancina
Visiting Scholar, Center for Immigration Law, Policy and Justice
Rutgers Law School
123 Washington Street
Newark, NJ 07102
Phone number: (415)-226-8714
Email: [email address]

FN 1. The term “records” as used herein means records as broadly defined by N.J.S.A. 47:1A-1.1 and includes “any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof.” “Records” sought include those maintained in official offices, on official servers, computers, and devices, and any agency records maintained electronically or otherwise in the course of official business.