OPRA: Purchase invoice of body worn cameras for the police department
Dear Hamilton Township (Atlantic),
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. Total number of body cameras currently deployed in the police department.
2. Date on which body cameras were deployed to any of the police officers for the first time (year and month).
3. Invoice of body cameras purchase (if body cameras were purchased).
Yours faithfully,
Kim
Taeho Kim,
Please see attached in reference to your request. If you have any
questions in the meantime please contact me at the number below.
Respectfully,
Sgt. Guerrier
Sergeant Joseph Guerrier
Twp. Of Hamilton Police Department
6101 13^th St. Mays Landing, NJ 08330
[1][email address]
609.625.2700 ext: 519
References
Visible links
1. mailto:[email address]
Kim,
We received your OPRA request on Mya 26, 2020. Due to the Covid-19
Pandemic your response was delayed, we appreciate your patience. Your
OPRA request sought access to the following:
Requested:
1. Total number of body cameras currently deployed in the police
department.
2. Date on which body cameras were deployed to any of the police
officers for the first time (year and month).
3. Invoice of body cameras purchase (if body cameras were
purchased).
Response:
1. 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. If we do not receive a response from you our office will
consider this OPRA request closed.
2. 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. If we do not receive a response from you our office will
consider this OPRA request closed.
3. Your request has been provided via email, without redactions.
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 Hamilton 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 [1][email address], or
at their website at [2]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.
Respectfully,
Sgt. J. Guerrier
1. All government records are subject to public access under
the Open Public Records Act (“OPRA”), unless specifically exempt.
2. A request for access to a government record under OPRA
must be in writing, hand-delivered, mailed, transmitted
electronically, or otherwise conveyed to the appropriate custodian.
N.J.S.A. 47:1A-5.g. The seven (7) business day response time does
not commence until the records custodian receives the request
form. If you submit the request form to any other officer or
employee of the Township of Hamilton, that officer or employee
must either forward the request to the appropriate custodian, or
direct you to the appropriate custodian. N.J.S.A. 47:1A-5.h.
3. Requestors may submit requests anonymously. If you elect
not to provide a name, address, or telephone number, or other
means of contact, the custodian is not required to respond until
you reappear before the custodian seeking a response to the
original request.
4. The fees for duplication of a government record in
printed form are listed on the front of this form. We will
notify you of any special service charges or other additional
charges authorized by State law or regulation before processing
your request. Payment shall be made by cash, check or money order
payable to the Township of Hamilton.
5. You may be charged a 50% or other deposit when a
request for copies exceeds $25. The Township of Hamilton custodian
will contact you and advise you of any deposit requirements. You agree
to pay the balance due upon delivery of the records. Anonymous
requests in excess of $5.00 require a deposit of 100% of estimated
fees.
6. Under OPRA, a custodian must deny access to a person who
has been convicted of an indictable offense in New Jersey, any
other state, or the United States, and who is seeking government
records containing personal information pertaining to the person’s
victim or the victim’s family. This includes anonymous requests for
said information.
7. By law, the Township of Hamilton must notify you that it
grants or denies a request for access to government records
within seven (7) business days after the agency custodian of
records receives the request. If the record requested is not
currently available or is in storage, the custodian will advise
you within seven (7) business days after receipt of the request
when the record can be made available and the estimated cost for
reproduction.
8. You may be denied access to a government record if your
request would substantially disrupt agency operations and the
custodian is unable to reach a reasonable solution with you.
9. If the Township of Hamilton is unable to comply with
your request for access to a government record, the custodian
will indicate the reasons for denial on the request form or
other written correspondence and send you a signed and dated
copy.
10. Except as otherwise provided by law or by agreement with
the requester, if the agency custodian of records fails to
respond to you within seven (7) business days of receiving a
request, the failure to respond is a deemed denial of your
request.
11. 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 Hamilton 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 PO
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 Council 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.
12. Information provided on this form may be subject to disclosure
under the Open Public Records Act.
From: Guerrier, Joseph
Sent: Friday, June 5, 2020 11:07 AM
To: '[OPRA #11333 email]'
<[OPRA #11333 email]>
Cc: Clerks.Office <[email address]>; Alcott, Anthony
([email address]) <[email address]>
Subject: 71-20 and 75-20
Taeho Kim,
Please see attached in reference to your request. If you have any
questions in the meantime please contact me at the number below.
Respectfully,
Sgt. Guerrier
Sergeant Joseph Guerrier
Twp. Of Hamilton Police Department
6101 13^th St. Mays Landing, NJ 08330
[5][email address]
609.625.2700 ext: 519
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. mailto:[email address]
4. http://www.state.nj.us/grc
5. mailto:[email address]
From: Guerrier, Joseph
Sent: Friday, June 12, 2020 1:06 PM
To: '[OPRA #11333 email]'
<[OPRA #11333 email]>
Cc: Clerks.Office <[email address]>; Alcott, Anthony
([email address]) <[email address]>
Subject: OPRA 1395 Kim - BWC Clerks 75-20
Kim,
We received your OPRA request on Mya 26, 2020. Due to the Covid-19
Pandemic your response was delayed, we appreciate your patience. Your
OPRA request sought access to the following:
Requested:
1. Total number of body cameras currently deployed in the police
department.
2. Date on which body cameras were deployed to any of the police
officers for the first time (year and month).
3. Invoice of body cameras purchase (if body cameras were
purchased).
Response:
1. 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. If we do not receive a response from you our office will
consider this OPRA request closed.
2. 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. If we do not receive a response from you our office will
consider this OPRA request closed.
3. Your request has been provided via email, without redactions.
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 Hamilton 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 [1][email address], or
at their website at [2]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.
Respectfully,
Sgt. J. Guerrier
1. All government records are subject to public access under
the Open Public Records Act (“OPRA”), unless specifically exempt.
2. A request for access to a government record under OPRA
must be in writing, hand-delivered, mailed, transmitted
electronically, or otherwise conveyed to the appropriate custodian.
N.J.S.A. 47:1A-5.g. The seven (7) business day response time does
not commence until the records custodian receives the request
form. If you submit the request form to any other officer or
employee of the Township of Hamilton, that officer or employee
must either forward the request to the appropriate custodian, or
direct you to the appropriate custodian. N.J.S.A. 47:1A-5.h.
3. Requestors may submit requests anonymously. If you elect
not to provide a name, address, or telephone number, or other
means of contact, the custodian is not required to respond until
you reappear before the custodian seeking a response to the
original request.
4. The fees for duplication of a government record in
printed form are listed on the front of this form. We will
notify you of any special service charges or other additional
charges authorized by State law or regulation before processing
your request. Payment shall be made by cash, check or money order
payable to the Township of Hamilton.
5. You may be charged a 50% or other deposit when a
request for copies exceeds $25. The Township of Hamilton custodian
will contact you and advise you of any deposit requirements. You agree
to pay the balance due upon delivery of the records. Anonymous
requests in excess of $5.00 require a deposit of 100% of estimated
fees.
6. Under OPRA, a custodian must deny access to a person who
has been convicted of an indictable offense in New Jersey, any
other state, or the United States, and who is seeking government
records containing personal information pertaining to the person’s
victim or the victim’s family. This includes anonymous requests for
said information.
7. By law, the Township of Hamilton must notify you that it
grants or denies a request for access to government records
within seven (7) business days after the agency custodian of
records receives the request. If the record requested is not
currently available or is in storage, the custodian will advise
you within seven (7) business days after receipt of the request
when the record can be made available and the estimated cost for
reproduction.
8. You may be denied access to a government record if your
request would substantially disrupt agency operations and the
custodian is unable to reach a reasonable solution with you.
9. If the Township of Hamilton is unable to comply with
your request for access to a government record, the custodian
will indicate the reasons for denial on the request form or
other written correspondence and send you a signed and dated
copy.
10. Except as otherwise provided by law or by agreement with
the requester, if the agency custodian of records fails to
respond to you within seven (7) business days of receiving a
request, the failure to respond is a deemed denial of your
request.
11. 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 Hamilton 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 PO
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 Council 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.
12. Information provided on this form may be subject to disclosure
under the Open Public Records Act.
From: Guerrier, Joseph
Sent: Friday, June 5, 2020 11:07 AM
To: '[OPRA #11333 email]'
<[5][OPRA #11333 email]>
Cc: Clerks.Office <[6][email address]>; Alcott,
Anthony ([7][email address])
<[8][email address]>
Subject: 71-20 and 75-20
Taeho Kim,
Please see attached in reference to your request. If you have any
questions in the meantime please contact me at the number below.
Respectfully,
Sgt. Guerrier
Sergeant Joseph Guerrier
Twp. Of Hamilton Police Department
6101 13^th St. Mays Landing, NJ 08330
[9][email address]
609.625.2700 ext: 519
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. mailto:[email address]
4. http://www.state.nj.us/grc
5. mailto:[OPRA #11333 email]
6. mailto:[email address]
7. mailto:[email address]
8. mailto:[email address]
9. mailto:[email address]