OPRA request - Use of force reports 2017-2019
Dear Town of West New York,
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:
All use of force reports completed by the police department from January 1st 2017 to December 31st, 2019.
Yours faithfully,
Eric K.
Dear Taeho Kim:
The Town of West New York (“Town”) is in receipt of your request for records pursuant to the Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1, et seq., sent via email on May 28, 2020 and was assigned Tracking #9650 for your reference.
The ordinary seven (7) business day response deadline under OPRA does not apply during State declared State(s) of Emergency. See N.J.S.A. 47:1A-5(i)(2). Moreover, your request for Use of Force Reports from January 1, 2017 to December 31, 2019 will require additional time to review for potential redactions. Accordingly, please be advised that the Town anticipates providing a full response to your request by June 19, 2020. The Town shall respond in a shorter period of time, if able, but reserves the right to amend this response as the circumstances may dictate.
If you have any questions, you may contact me at the email address or phone number below.
Very truly yours,
Adelinny Plaza, RMC
Deputy Clerk
Town of West New York
428 60th Street, Rm 2
West New York, New Jersey 07093
Phone: (201) 295-5090
Website: www.Westnewyorknj.org
Dear Eric K:
Please accept this letter on behalf of the Town of West New York (“Town”) pursuant to your request for public records under the Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1, et seq., sent via email on May 28, 2020.
Enclosed you will find the Town’s Use of Force Reports from January 1, 2017 through December 31, 2019. The address and identity of the “subject” on a portion of the enclosed have been redacted where the subject was not arrested, and the information therein relates to medical, psychiatric, or psychological evaluation and/or treatment. See N.J.S.A. 47:1A-9; see also Executive Order No 26 (McGreevey, 2002) at Section 4(b). Accordingly, these individuals have a reasonable expectation of privacy in this information. See N.J.S.A. 47:1A-1.
Please also be advised that the Town located twenty-four (24) separate Use of Force Reports in which the subject is a juvenile. Some of these also contain medical and/or psychiatric information. Access to these records are denied under the same authority as above. Moreover, these records are being withheld as they constitute medical, legal, and other records of law enforcement which pertain to juveniles. See Mawhinney v. Township of Galloway Police Department, GRC No. 2016-153 (Final Decision Feb. 27, 2018) (citing N.J.S.A. 47:1A-9(a) and N.J.S.A. 2A:4A-60(a)). Accordingly, these individuals have a reasonable expectation of privacy in this information. See N.J.S.A. 47:1A-1.
Your request is hereby deemed complete and there is no charge for the attached documentation.
Very truly yours,
Adelinny Plaza, RMC
Deputy Clerk
Town of West New York
428 60th Street, Rm 2
West New York, New Jersey 07093
Phone: (201) 295-5090
Website: www.Westnewyorknj.org