Police Department Records
Dear Berkeley Heights 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:
1. Current status of Chief Jason Massimino, whether active, suspended, paid suspension, etc.
2. Current internal affairs investigation and current charges or pending charges against Chief Jason Massimino
From January 1, 2023 - Present:
3. IA history of Chief Jason Massimino
4. Current salary of Chief Jason Massimino
5. Township minutes of personnel actions concerning Chief Jason Massimino
Yours faithfully,
NY NJ Watchdog
Good afternoon,
I will need additional time to complete this request, due to being short staff, and vacation schedules.
I will have a response to you by August 31st.
Thank you,
Ana P. Minkoff
Township Clerk
Township of Berkeley Heights
29 Park Avenue
Berkeley Heights, NJ 07922
908-464-2700 ext. 2220
908-464-6081 Fax
[Berkeley Heights Township request email]
As per your OPRA request:
Request #1
Current status of Chief Jason Massimino, whether active, suspended, paid suspension, etc.
Response to Request #1
Active v. suspended status is not one of the categories of personnel information that is deemed to be a government record under the exceptions to the personnel records exemption set forth in OPRA, N.J.S.A. 47:1A-10. Therefore, the requested data is not a government record and not subject to disclosure under OPRA.
The common law right of access to public records entitles a requestor to access common law public records where the requestor has succeeded in establishing that it has a legitimate interest in the requested document and the requestor's interest in disclosure outweighs the public interest in nondisclosure.
Request #2
Current internal affairs investigation and current charges or pending charges against Chief Jason Massimino
Response to Request #2
Internal Affairs records are deemed confidential under the NJ Attorney General's Internal Affairs Policy & Procedures ("IAP&P"). Our Supreme Court in Rivera v. Union County. Prosecutor's Office, 250 N.J. 124, 143 (2022), held that the IAP&P's confidentiality provisions protect IA records from disclosure under OPRA.
However, in Rivera, the Supreme Court also held that IA records are subject to public access under the common law right of access to public records where a fact-specific balancing test supports a finding that the requestor's interest in disclosure outweighs the claimed public interest in nondisclosure. 250 N.J. at 147-48.
From January 1, 2023 to Present
Request #3
IA history of Chief Jason Massimino [from January 1, 2023 to present]
Response to Request #3
As noted above, IA records are not subject to disclosure under OPRA.
Request #4
Current salary of Chief Jason Massimino [from January 1, 2023 to present].
BASE salary $192,775.97
Request #5
Township minutes of personnel actions concerning Chief Jason Massimino [from January 1, 2023 to present].
Response to Request #5
Denied pursuant to N.J.S.A. 47:1A-10 (personnel records).
Ana P. Minkoff
Township Clerk
Township of Berkeley Heights
29 Park Avenue
Berkeley Heights, NJ 07922
908-464-2700 ext. 2220
908-464-6081 Fax
[Berkeley Heights Township request email]