Mr. Paff,
 
In response to your OPRA request, below is the link for the internal
affairs page. If the link does not work please visit
[1]www.hardyston.com, go to directories and then police department where
you will find the internal affairs information requested.
 
[2]Internal Affairs – Hardyston Township, New Jersey
 
If there is anything further please advise.
 
Jessica Graves
Sr. Clerk/Dispatcher

Hardyston Twp. Police Records Dept.
149 Wheatsworth Rd., Ste. B
Hardyston, NJ  07419
973-823-7022

>>> John Paff <[OPRA #40234 email]>
2/19/2023 4:16 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 Hardyston Police
Department's website at hardyston.com/directories/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OPRA request withdrawn.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 found
nothing even when I clicked on the "addtional police information" link. I
assert that this lack of information violates IAPP Sections 9.11.1 and
9.11.2

By way of background, IAPP Section 9.11.1 requires the Hardyston 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 Hardyston
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 Hardyston 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 Hardyston 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 Hardyston Police Department is in
violation of IAPP Section 9.11.2 for not having its major discipline
reports from 2020, 2021 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 Hardyston 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 Hardyston 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 Hardyston Police Department's Internal Affairs major
discipline reports (i.e. those required to be filed by IAPP Section
9.11.2) covering 2020, 2021 and 2022 with the Sussex County Prosecutor.

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

5. In lieu of responding to Nos. 1 through 4 above, the Hardyston 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 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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