Mr. Paff, 
The Borough of Ogdensburg is in receipt of your OPRA request received
March 15, 2023, due on March 24, 2023.  
As you suggested in #5 the Borough forwarded the attached documents to the
Website Coordinator  to be placed on the Ogdensburg Police Department
page.  Attached is the email showing these items have been sent. 
This concludes your OPRA request.  
If you have any questions call 973-827-3444 ext, 5.
Robin Hough, RMC/CMR
Borough of Ogdensburg
On Wed, Mar 15, 2023 at 1:07 PM John Paff
<[1][OPRA #40905 email]> wrote:

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 Ogdensburg Police
Department's website at
[2]ogdensburgnj.org/departments/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request withdrawn.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 under "Major Discipline" that "No major
discipline for 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 Ogdensburg 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 Ogdensburg
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 Ogdensburg 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 Ogdensburg 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 Ogdensburg 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 Ogdensburg 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 Ogdensburg 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 Ogdensburg 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 Ogdensburg 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.

5. In lieu of responding to Nos. 1 through 4 above, the Ogdensburg
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 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.  And, more importantly, the Internet postings are
required by the IAPP.

-------------------------------------------------------------------

Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[3][OPRA #40905 email]

Is [4][Ogdensburg Borough request email] the wrong address for OPRA requests to
Ogdensburg Borough? If so, please contact us using this form:
[5]https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[6]https://opramachine.com/help/officers

View this OPRA request & responses online:
[7]https://opramachine.com/request/police_i...

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.

-------------------------------------------------------------------

--
Borough of Ogdensburg Municipal Clerk
14 Highland Avenue
Ogdensburg, NJ 07439
973-827-3444 ext.5

References

Visible links
1. mailto:[email address]
2. http://ogdensburgnj.org/departments/poli...
3. mailto:[email address]
4. mailto:[Ogdensburg Borough request email]
5. https://opramachine.com/change_request/n...
6. https://opramachine.com/help/officers
7. https://opramachine.com/request/police_i...

hide quoted sections