Order 90-24

Internal affairs records Seeker made this OPRA request to Clark Township This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Internal affairs records Seeker
Unknown

Dear Clark Township,

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:

- Clark Police Department's order 90-24 in its entirety.

For clarification purposes, Clark Police Department Order 90-24 is in reference to internal affairs policy, procedure and/or guideline.

Yours faithfully,

Internal affairs records auditor

Link to this Report
Clerk's Dept., Clark Township

Your request has been forwarded to the Custodian of Police Records [email address]

Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669 ph.
(732) 388-1241 fx.

-----Original Message-----
From: Internal affairs records Seeker <[OPRA #28364 email]>
Sent: Wednesday, December 22, 2021 6:12 PM
To: Clerk's Dept. <[Clark Township request email]>
Subject: OPRA request - Order 90-24

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Clark Township,

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:

- Clark Police Department's order 90-24 in its entirety.

For clarification purposes, Clark Police Department Order 90-24 is in reference to internal affairs policy, procedure and/or guideline.

Yours faithfully,

Internal affairs records auditor

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Please use deliver records electronically via email to the below UNIQUE address for all replies to this request:
[OPRA #28364 email]

Is [Clark Township request email] the wrong address for OPRA requests to Clark Township? If so, please contact us using this form:
https://linkprotect.cudasvc.com/url?a=ht...

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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View this OPRA request & responses online:
https://linkprotect.cudasvc.com/url?a=ht...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.

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Internal affairs records Seeker
Unknown

Dear Clerk's Dept.,

Good afternoon. I am contacting you to request an update on the records requested on 12/23/21.
Thank you.

Yours sincerely,

Internal affairs records auditor

Link to this Report
Clerk's Dept., Clark Township

Police Records are not maintained by the Clerk's office. Contact the custodian of police records in the Police Department, 732-388-3434 or [email address] .

Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669 ph.
(732) 388-1241 fx.

-----Original Message-----
From: Internal affairs records Seeker <[OPRA #28364 email]>
Sent: Monday, January 03, 2022 7:13 PM
To: Clerk's Dept. <[Clark Township request email]>
Subject: RE: OPRA request - Order 90-24

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Clerk's Dept.,

Good afternoon. I am contacting you to request an update on the records requested on 12/23/21.
Thank you.

Yours sincerely,

Internal affairs records auditor

-----Original Message-----

Your request has been forwarded to the Custodian of Police Records [email address]

Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669 ph.
(732) 388-1241 fx.

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #28364 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://linkprotect.cudasvc.com/url?a=ht...

View this OPRA request & responses online:
https://linkprotect.cudasvc.com/url?a=ht...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------

hide quoted sections

Link to this Report
Internal affairs records Seeker
Unknown

Dear Clerk's Dept.,

Good morning. Just to clarify, are you telling me to resubmit my OPRA request again to that specific person? Because on 12/24/21 you told me my request was forwarded to the respective custodian but I am yet to get any response from said person.

Also, I reviewed several requests made to the Township of Clark via this platform and it shows that you have responded to other police related requests, specifically Clark Police memorandums and policies, without having to go thru another custodian of records. Can you please clarify if your procedure has changed and, if so, when?

We wish to be treated equally by obtaining the same service you have given others in the past and Since you are the Custodian of Records of the Township of Clark, which encompasses its Police Department, can you please provide us with an update of the records we are seeking since we have received a response or a request for additional time by its deadline?

Thank you

Yours sincerely,

Internal affairs records auditor

Link to this Report
Clerk's Dept., Clark Township

Dear Internal affairs records Seeker:

There is no need to send another request. I have contacted the Police Chief's office on your behalf. COVID has caused staffing shortages.

The OPRA process has not changed and is the same for all requests. If the police record requested is physically maintained in town hall (430 Westfield Ave.) then my office can and will provide it. If the police record requested is physically maintained at police headquarters (315 Westfield Ave.) then the custodian of police records satisfies the request.

You also asked the following question "... can you please provide us with an update of the records we are seeking since we have received a response or a request for additional time by its deadline?" If you tell me who requested additional time I will be happy to contact that person directly.

Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669 ph.
(732) 388-1241 fx.

-----Original Message-----
From: Internal affairs records Seeker <[OPRA #28364 email]>
Sent: Wednesday, January 05, 2022 11:34 AM
To: Clerk's Dept. <[Clark Township request email]>
Subject: RE: OPRA request - Order 90-24

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Clerk's Dept.,

Good morning. Just to clarify, are you telling me to resubmit my OPRA request again to that specific person? Because on 12/24/21 you told me my request was forwarded to the respective custodian but I am yet to get any response from said person.

Also, I reviewed several requests made to the Township of Clark via this platform and it shows that you have responded to other police related requests, specifically Clark Police memorandums and policies, without having to go thru another custodian of records. Can you please clarify if your procedure has changed and, if so, when?

We wish to be treated equally by obtaining the same service you have given others in the past and Since you are the Custodian of Records of the Township of Clark, which encompasses its Police Department, can you please provide us with an update of the records we are seeking since we have received a response or a request for additional time by its deadline?

Thank you

Yours sincerely,

Internal affairs records auditor

-----Original Message-----

Police Records are not maintained by the Clerk's office. Contact the custodian of police records in the Police Department, 732-388-3434 or [email address] .

Edith L. Merkel, RMC
Township Clerk
Township of Clark
430 Westfield Ave.
Clark, NJ 07066
(732) 388-3669 ph.
(732) 388-1241 fx.

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #28364 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://linkprotect.cudasvc.com/url?a=ht...

View this OPRA request & responses online:
https://linkprotect.cudasvc.com/url?a=ht...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------

hide quoted sections

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Internal affairs records Seeker
Unknown

Dear Clerk's Dept.,

Thank you for your prompt response. I apologize for the misunderstanding in my previous email. That sentence was suppose to read "... can you please provide us with an update of the records we are seeking since we have NOT received a response nor a request for additional time by its deadline?"

Yours sincerely,

Internal affairs records seeker

Link to this Report
Sofia Santos,

Dear internal affairs records requester,

 

Please be advised that the individual who normally handles our OPRA
matters has been out sick since December 23, 2021. I only just learned of
your request today. We apologize for the delay in responding. Please note
that I am in the process of locating and preparing the requested records
but more time will be needed to provide our response.

 

Therefore, we respectfully request an extension of time to Friday, January
14, 2022 to provide our response. Thank you for your patience and
understanding.

 

Very truly yours,

 

Lt. Sofia Santos

Lieutenant Sofia Santos

On behalf of:

 

Chief Harvey A. Barnwell

Clark Police Department

315 Westfield Avenue

Clark, NJ 07066​

Non-Emergency: 732-388-3434

 

Link to this Report
Joann Concina,

3 Attachments

Description: OPRA - Open Public Records Act

January 14, 2022

Internal Affairs Records Seeker

[OPRA #28364 email]

Dear Internal Affairs Recors Seeker,

The Clark Police Department received your Open Public Records Act (OPRA)
request on December 23, 2021 . The official Records Custodian, Joann
Concina, received your OPRA request on January 7, 2022. As such, the seven
(7) business day deadline to respond to your request is . This response to
your request is being provided to you on the 5th business day after the
custodian’s receipt of said request.

The following records are being provided in their entirety and are
responsive to your request.

1. Clark Police Department Internal Affairs Policey Order 90-24

These records are being transmitted to you via Email, as per your request.
Pursuant to N.J.S.A. 47:1A-5.b., the cost associated with this request is
$0.00.

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 Clark 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 [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.

Sincerely,

Joann Concina​
Records Custodian
Records Dept. 732-381-5696
Fax: 732-388-5376
Clark Police Department
315 Westfield Avenue
Clark, NJ 07066
Non-Emergency: 732-388-3434

Link to this Report
Internal affairs records Seeker
Unknown

Dear Joann Concina,

We are in receipt of your email which included the current Internal Affairs Policy of Clark Police Department dated 7/1/15 and revised on 11/1/21, which supersedes order 90-24 that we requested.

We did not request the current policy but instead requested to a copy of Clark Police Order 90-24 prior to it being replaced by the Internal Affairs Policy.

The mere fact the Internal Affairs Policy supersedes Order 90-24, does not negate the Clark Police to keep a record of the original order.

We will again clarify our request and ask for a copy of the Clark Police Department’s Order 90-24 that was in effect until superseded by the Internal Affairs Policy on 7/1/15.

An expedited response would be greatly appreciated since our original request was delayed.

Yours sincerely,

Internal affairs records auditor

Link to this Report
Internal affairs records Seeker
Unknown

Dear Joann Concina and Lieutenant Santos

We requested a copy of The Clark Police Department’s Order 90-24. Instead we were sent the current Clark Police Internal Affairs Policy, which superseded Order 90-24 in 2015 when the Internal Policy was placed into effect.

For clarification purposes, our request is for:

- a copy of Clark Police Department’s Order 90-24 prior to being superseded by the internal affairs policy in 2015.

As we expressed in our previous emails to you and the Custodian of Records, the Clark Police Department still has a responsability to maintain a record of Order 90-24 despite it was being superseded by another policy.

We were very understanding of the delay request due to the custodian of records’ illness, therefore we did Not object to your fair request for an extension. Now that the custodian of records has returned to work, we are asking for out request to be fulfilled in an expedited manner, if possible, since the records sent are not what we requested.

It is our position we do not have to file another request since the original request was not fulfilled and the Custodian of Records, or its designee, have not advised us such records do not exist.

Truly yours,

Internal Affairs records

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