Good morning,
I'll forward your OPRA request to the Police Department.
Regards,
Kate
Kate Chambers
Sparta Township
Municipal Clerk
(973) 729-4493

 
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>>> John Paff <[OPRA #40239 email]>
2/19/2023 8:19 PM >>>
Please accept this as my request for government records under both OPRA
and the common law right of access.  Thank you very much for your
commitment to transparent government.

BACKGROUND:

At the outset, please be advised that this request is based on my belief
that certain mandatory reports are missing from the Sparta Police
Department's website at spartanj.org/198/Police-Department If the records
that I claim to be missing are actually present on a different website or
webpage (perhaps the police department recently changed its website or
perhaps the reports are in a place that I didn't check), please inform me
of the URL where the "missing" files reside and consider this OPRA request
withdrawn.

I visited the above noted webpage today to read the Department's Internal
Affairs reports required to placed on the webpage by Internal Affairs
Policies & Procedures (IAPP) Section 9.11.1 and 9.11.2.  However, I could
find only a comment that says "The Sparta Township Police Department
(STPD) reports no major discipline between January 1, 2022, to December
31, 2022." I assert that this information is not sufficient to satisfy
IAPP Sections 9.11.1 and 9.11.2.

By way of background, IAPP Section 9.11.1 requires the Sparta Police
Department to file with the Sussex County Prosecutor and to publish on its
webpage annual "report[s] summarizing the types of complaints received and
the dispositions of those complaints" which reports "should be statistical
in nature."  Even though the IAPP has been amended from time to time, the
Department has been under a duty to publish these reports on its webpage
since at least 2020.  Notably, beginning in 2022, the summary reports are
required to be in the form required by IAPP Appendix K.  Prior to 2022,
the use of Appendix K was optional.

Also, by way of background, IAPP Section 9.11.2 requires the Sparta Police
Department, on or prior to January 31st, to file and publish on its
website annual reports collecting instances of "major discipline" imposed
during the previous year.  Again, although the IAPP has gone through a few
amendments, it has been a duty of the Sparta Police Department to publish
those major discipline reports on-line, in one form or another, and to
file them with the Sussex County Prosecutor since at least 2020.  Notably,
the reports, beginning with the 2022 report, "shall follow the format
provided in Appendix L."

I believe that the Sparta Police Department is in violation of IAPP
Section 9.11.1 for not having its 2020, 2021 and 2022 summary reports
posted on-line and for not having the 2022 summary report in the form of
Appendix K.  I further believe that the Sparta Police Department is in
violation of IAPP Section 9.11.2 for not having its major discipline
reports from 2020, 2021 and 2022 posted on its website and for failing to
have its 2022 report provided in Appendix L's format.

The object of this request is to learn if the missing reports exist and,
if so to learn whether they were filed with the Sussex County Prosecutor
as required by IAPP Section 9.11.1 and 2. 

RECORDS REQUESTED:

1. Transmittal letters, e-mails or other writings that accompanied the
filing of the Sparta Police Department's Internal Affairs summary reports
(i.e. those required to be filed by IAPP Section 9.11.1) covering 2020,
2021 and 2022 with the Sussex County Prosecutor.

2. The Sparta Police Department's Internal Affairs summary reports (i.e.
those required to be filed by IAPP Section 9.11.1) covering 2020, 2021 and
2022.

3. Transmittal letters, e-mails or other writings that accompanied the
filing of the Sparta Police Department's Internal Affairs major discipline
reports (i.e. those required to be filed by IAPP Section 9.11.2) covering
2020 and 2021 with the Sussex County Prosecutor.

4. The Sparta Police Department's Internal Affairs major discipline
reports (i.e. those required to be filed by IAPP Section 9.11.2) covering
2020 and 2021 and the Appendix L for 2022.

5. In lieu of responding to Nos. 1 through 4 above, the Sparta Police
Department may satisfy this request by a) uploading the summary reports
covering 2020, 2021 and 2022 and the major discipline reports covering
2020 and 2021 and the Appendix L for 2022 to its webpage and b) notifying
me, via OPRAMachine, that it has done so.  I would actually prefer this
because it would make those important reports available to everyone in the
public, not just me.

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Dear Sir or Ma'am, 
I am reaching out in response to your request:
 
5. In lieu of responding to Nos. 1 through 4 above, the Sparta Police
Department may satisfy this request by a) uploading the summary reports
covering 2020, 2021 and 2022 and the major discipline reports covering
2020 and 2021 and the Appendix L for 2022 to its webpage and b) notifying
me, via OPRAMachine, that it has done so.  I would actually prefer this
because it would make those important reports available to everyone in the
public, not just me.
I appreciate you bringing this issue to our attention. We understand that
government transparency is vital to the relationship with the individuals
we serve. This information will be posted on our website as soon as
possible. We had a meeting on this very issue yesterday and will work
diligently to ensure that this information is posted quickly and
accurately on our website. I will personally email this address once this
is complete. Once this is complete if you require any further information,
please reach out anytime. Thank you. 
Sincerely, 
Adam B. Carbery
Lieutenant
Sparta Township Police Department 
(Direct) (973) 726-4066
(Fax)    (973) 729-5073
This e-mail is for the sole use of the intended recipient and may contain
confidential and/or privileged information. Any unauthorized use, review,
distribution, or disclosure is prohibited without the prior written
consent of the person/entity that drafted this communication. If you are
not the intended recipient, please contact the sender by reply e-mail and
destroy all copies of the original message.

Mr. John Paff, 
Good evening. I am pleased to inform you that our website is now up to
date with the proper Appendix L for the years 2020, 2021 and 2022. Once
again, I appreciate you bringing this to our attention, as we strive to
maintain a transparent and trusting relationship with the citizens we
serve. If there are any further concerns you have, please reach out
anytime, I will look into it personally. Thank you. Have a good weekend. 
Sincerely, 
Adam B. Carbery
Lieutenant
Sparta Township Police Department 
(Direct) (973) 726-4066
(Fax)    (973) 729-5073
This e-mail is for the sole use of the intended recipient and may contain
confidential and/or privileged information. Any unauthorized use, review,
distribution, or disclosure is prohibited without the prior written
consent of the person/entity that drafted this communication. If you are
not the intended recipient, please contact the sender by reply e-mail and
destroy all copies of the original message.

══════════════════════════════════════════════════════════════════════════

From: John Paff <[OPRA #40239 email]>
Sent: Thursday, February 23, 2023 3:45 PM
To: Adam Carbery <[email address]>
Subject: Re: Major Discipline Annual Report
 
Thank you Lieutenant Carbery.  I look forward to your e-mail.

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Mr. Paff, 
Thank you, I appreciate that. Have a good week. 
Sincerely,
Adam B. Carbery
Lieutenant
Sparta Township Police Department 
(Direct) (973) 726-4066
(Fax)    (973) 729-5073
This e-mail is for the sole use of the intended recipient and may contain
confidential and/or privileged information. Any unauthorized use, review,
distribution, or disclosure is prohibited without the prior written
consent of the person/entity that drafted this communication. If you are
not the intended recipient, please contact the sender by reply e-mail and
destroy all copies of the original message.

══════════════════════════════════════════════════════════════════════════

From: John Paff <[OPRA #40239 email]>
Sent: Saturday, February 25, 2023 1:24 PM
To: Adam Carbery <[email address]>
Subject: Re: Major Discipline Annual Report
 
Dear Lt. Carbery:

The site is laid out very well.  Thank you.  My file is closed.

John Paff

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