OPRA request -- use of force reports 2017-2019
Dear Stratford 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.
The Borough of Stratford received your Open Public Records Act (OPRA) request on 5/27/2020. Assembly legislature no. 3849 has modified the Open Public Records Act by providing that during times of states of emergency, such as the COVID-19 pandemic, the 7-business day response deadline shall not apply; however records custodians must make a reasonable effort to respond to an OPRA request. This response to your request is being provided to you on the 1st day of the custodian’s receipt of said request.
Your OPRA request seeks the following:
“All use of force reports filed by the police department from January 1st, 2017, to December 31st, 2019.”
The response to the remainder of your request requires additional time beyond the seven (7) business days to fulfill because of the size of the request. OPRA allows custodians to seek extensions of time pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, “the requestor shall be advised by the custodian when the record can be made available. If the record is not made available by that time, access shall be deemed denied.”
Your request requires an extension of time until 7/10/2020.
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 Stratford 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 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.
Michaela Bosler
Acting Borough Clerk/Alt. Deputy Registrar
Borough of Stratford
307 Union Ave.
Stratford, NJ 08084
Phone: (856) 783-0600
Fax: (856) 783-7949
stratfordnj.org
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From: Taeho Kim [[OPRA #14086 email]]
Sent: Thursday, May 28, 2020 5:39 PM
To: Angeli, Ben
Subject: OPRA request - OPRA request -- use of force reports 2017-2019
Dear Stratford 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.
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Please use deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #14086 email]
Is [email address] the wrong address for OPRA requests to Stratford Borough? If so, please contact us using this form:
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In response to your OPRA Request 2020-05-19, please see our response below:
Attached please find records responsive to your above captioned request. Please note redactions have been made to the names of certain individual, as the report involved juveniles and/or an individual listed as a crisis patient or the incident involved a psychological emergency.
Should you disagree with my finding, please allow me the opportunity to converse with you for potential further clarification before proceeding with steps listed below.
If you feel a record has been denied or omitted, please see information below as to you options:
C.47:1A-6 Proceeding to challenge denial of access to record.
A person who is denied access to a government record by the custodian of the record, at the option of the requester, may:
- Institute a proceeding to challenge the custodian's decision by filing an action in Superior Court which shall be heard in the vicinage where it is filed by a Superior Court Judge who has been designated to hear such cases because of that judge's knowledge and expertise in matters relating to access to government records; or
- In lieu of filing an action in Superior Court, file a complaint with the Government Records Council established pursuant to section 8 of P.L. 2001, c.404 (C.47:1A-7).
The right to institute any proceeding under this section shall be solely that of the requestor. Any such proceeding shall proceed in a summary or expedited manner. The public agency shall have the burden of proving that the denial of access is authorized by law. If it is determined that access has been improperly denied, the court or agency head shall order that access be allowed. A requestor who prevails in any proceeding shall be entitled to reasonable attorney's fee.
Michaela Bosler
Acting Borough Clerk/Alt. Deputy Registrar
Borough of Stratford
307 Union Ave.
Stratford, NJ 08084
Phone: (856) 783-0600
Fax: (856) 783-7949
stratfordnj.org<http://stratfordnj.org/>
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