OPRA request -- use of force reports 2017-2019
Dear Wallington 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.
Taeho Kim-
On March 9, 2020, New Jersey Governor Phil Murphy declared a State of
Emergency which has had an impact on Wallington and its vendors and
professionals. Wallington is dealing with limited staff and numerous issues
related to this emergency. Additionally, on March 18, 2020, Wallington
closed its borough offices to the public and instituted limited work hours.
Due to the outbreak of COVID-19, New Jersey pursuant to A3849 requires
custodians of records to make a ‘reasonable effort’ to comply with OPRA
requests within seven (7) business days. However, it allows a relaxation of
the deadlines in this emergency.
This request requires additional time beyond the seven (7) business days to
fulfill. It is being processed and shall be forwarded over to you. 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.” This request
requires an initial extension of time until July 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 Wallington 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.
Respectfully,
Greg Zagaja
Deputy Clerk
Taeho Kim-
Attached are the results of your OPRA request.
This OPRA shall be considered Fulfilled.
Respectfully,
GregZ
Deputy Clerk