OPRA request -- use of force reports 2017-2019
Dear Mountainside 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:
All use of force reports filed by the police department from January 1st, 2017, to December 31st, 2019.
Yours faithfully,
Eric K.
Hello Eric K.
Your OPRA request has been denied please see the below information
This request seeks that the custodian conduct research and generate documents, 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). Custodians are not required to conduct research in response to an OPRA request. OPRA “is not intended as a research tool litigants may use to force government officials to identify and siphon useful information. Rather, OPRA simply operates to make identifiable government records readily accessible for inspection, copying, or examination” N.J.S.A. 47:1A-1." MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534, 546 (App. Div. 2005). "A records request must be well defined so that the custodian knows precisely what records are sought. The request should not require the records custodian to undertake a subjective analysis to understand the nature of the request. Seeking particular information from the custodian is permissible; expecting the custodian to do research is not." Paff v. Galloway Tp., 229 N.J. 340, 355 (2017)
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 Borough of Mountainside 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 [email address], or at their web site at https://linkprotect.cudasvc.com/url?a=ht... 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.
Should you have any questions or concerns regarding any of the redactions, please contact the Borough Attorney, John N. Post, Esq., who will address and attempt to resolve any questions or concerns.
Hi Eric K.
Please disregard my previous response that your request has been denied we are in the process of researching your request.
My apologies for the confusion.
Regards,
Sue
Hello Eric K.
Do to the State of Emergency we are requesting a two week extension till June 29, 2020 to complete this request. Please let me know if this is acceptable.
Regards,
Sue DiFrancesco
Dear Eric K.
Attached is the info you requested, Use of Force Reports from 2017-2019 from the Mountainside Police Department.
Regards,
Sue
-----
From: Martha Lopez
Sent: Thursday, May 28, 2020 4:00 PM
To: Susan DiFrancesco <[email address]>; Joseph Giannuzzi <[email address]>
Subject: FW: OPRA request - OPRA request -- use of force reports 2017-2019
[Subject only] FW: OPRA request - OPRA request -- use of force reports 2017-2019