Eric K,

Eric K,

The Township of Hamilton received your Open Public Records Act (OPRA)
request on May 28, 2020. Due to the public health emergency, your response
was delayed.  We appreciate your patience.  

REQUESTED:     

All use of force reports completed by the police department from January
1^st 2017 to December 31^st, 2019..

RESPONSE:         

Your request has been provided via email with redactions for

·         EMS medical records

·         Juvenile records

·         Domestic Violence records

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 Police
Department 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 web site at [2]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.

Respectfully,

Sgt. J. Guerrier

(609) 625-2700 ext: 519

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: Wednesday, June 10, 2020 11:03 AM
To: '[OPRA #13616 email]'
<[OPRA #13616 email]>
Cc: Alcott, Anthony ([email address])
<[email address]>
Subject: OPRA 1396 [OPRA #13616 email]

Eric K,

[5]cid:image001.png@01D63F37.E2F84180

References

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1. mailto:[email address]
2. http://www.state.nj.us/grc
3. mailto:[email address]
4. http://www.state.nj.us/grc