From: Rice, Sigal
Sent: Monday, June 01, 2020 12:47 PM
To: '[email address]'
Cc: Koroski, Michael; Uhrin, June
Subject: Morris Plains PD Opra Request

Please be advised that we have received your OPRA Request.

If you have any questions, feel free to contact me.

Sigal  Rice

Morris Plains Police Department

531 Speedwell Avenue

Morris Plains, NJ  07950

(973)538-2284 x105

PLEASE SEE THE ATTACHED RESPONSE OF THE BOROUGH CLERK OF THE BOROUGH OF MORRIS PLAINS, DATED June 8, 2020 WHICH IS ANNEXED HERE TO AND INCORPORATED HEREIN.

Dear Taeho Kim

The Borough of Morris Plains and official Records Custodian received your Open Public Records Act (OPRA) request on Thursday, May 28, 2020. This response to your request is being provided on the 7th business day after the custodian's receipt of said request.
Your OPRA request sought access to the following:

1. A list of all lawsuits and cases in which any officer of the police department was involved between 2012 and 2019. For each lawsuit/case, please provide the date (month and year) of the alleged incident at issue, whether the alleged incident was excessive force, settlement amount (if any), and final compensation amount ruled (if any).

2. Please provide copies of the complaint in any lawsuits and cases described in above.

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. Custodians are not required to conduct research or create new records in response to an OPRA request. When a request fails to name specifically identifiable records, 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, (App. Div. 2007), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div. 2005), MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005).
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law as amended by P.L. 2020, c. 10, you have a right to challenge the decision by the Borough of Morris Plains to deny access. At your option, you may either file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form, or by instituting a proceeding in the Superior Court of New Jersey. You may contact the GRC by telephone at 866-850-0511, by mail at PO Box 819, Trenton, NJ 08625, by email to [email address], or at their website at www.state.nj.us/grc. All questions regarding complaints filed in the Superior Court should be directed to the Court Clerk in Morris County.
Sincerely,

June Uhrin
Borough Clerk

Rosanne Denman, CMR, RMC
Morris Plains Borough
Clerk's Office
973-538 2224

Dear Morris Plains 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:

1. A list of all lawsuits and cases in which any officer of the police department was involved between 2012 and 2019. For each lawsuit/case, please provide the date (month and year) of the alleged incident at issue, whether the alleged incident was excessive force, settlement amount (if any), and final compensation amount ruled (if any).

2. Please provide copies of the complaint in any lawsuits and cases described in above.

Yours faithfully,

UC Research

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Please use deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #12825 email]

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