Police Records Request
Dear Franklin Lakes Borough,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Police Body worn camera footage of all motor vehicle accidents between 8-1 and 8-7-25
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
The maximum authorized cost is $0.
Yours faithfully,
Tony Michael
The Franklin Lakes Police Department received your Open Public Records Act
(OPRA) request on 10/6/2025. As the official Police Records Custodian, I
received your OPRA request on 10/6/2025. As such, the seven (7) business
day deadline to respond to your request is 10/15/2025. This response to
your request is being provided to you on the 1^st business day after the
custodian’s receipt of said request.
OPRA allows public agencies to impose special service charges whenever the
nature, format, manner of collation, or volume of a government record
embodied in the form of printed matter to be inspected, examined, or
copied pursuant to this section is such that the record cannot be
reproduced by ordinary document copying equipment in ordinary business
size or when fulfilling a request requires an extraordinary expenditure of
time and effort. See N.J.S.A. 47:1A-5.c. Special service charges must be
based upon the actual direct cost of providing the copy or copies.
OPRA mandates that the requestor shall have the opportunity to review and
object to the charge prior to it being incurred. See N.J.S.A. 47:1A-5.c.
You will be provided with a detailed estimate prior to any work being
performed.
Franklin Lakes Police Department redacts all body worn camera and MVR
footage prior to being released under OPRA or Common Law. The Borough
requires payment in full, upfront prior to beginning the work.
Due to the extraordinary amount of time it takes to review and redact any
video, a special service is required. We average for every half an hour of
footage to review and redact takes approximately an hour and a half.
I’m estimating there will be approximately 10 hours’ worth of work
required to provide the body worn camera footage for multiple officers,
which is total of 141 minutes long. We require a retainer fee up front
that is double the estimated cost prior to beginning any work.
· If any redactions are required, that would be 7.5 hours of work
at the lieutenant’s rate, who is the lowest level employee that can do the
redactions. His hourly rate is $91.17. For 1.5 hours of review and
redaction, estimated fee would be $683.78.
· Review of the video prior to release at my hourly rate of
$32.54. To review the videos that would be a total of $76.47 for 141
minutes of videos. I am the lowest level employee that can perform this
function.
· As long as you are able to receive the video via Dropbox, there
is no media fee. If you require a USB flash drive, there will be an
additional fee for that.
If you would like to proceed, I require the check be made out to “Borough
of Franklin Lakes” for $1,520.50 (double the estimated fee of $760.25). We
now accept online credit card/ACH payments via Municipay:
[1]http://www.franklinlakes.org/policepay. You will be provided a detailed
invoice for the hours expended and you will be refunded any unused funds.
You may also be asked to provide more money prior to releasing if the man
hours are more than expected due to unforeseen circumstances.
Kindly respond in writing with your acceptance or rejection of this
estimated charge by 10/15/2025 If I do not receive a response by that
date, the request will be considered closed. We will not begin to process
this request until we receive your written acceptance and if proceeding,
please provide an estimated date to expect the payment.
If you reject the estimated charge and you wish to challenge the special
service charge, you have a right to challenge the decision. 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,
Ariane Hertenstein
Records Bureau/Administrative Assistant
Franklin Lakes Police Department
490 De Korte Drive
Franklin Lakes, NJ 07417
201-891-3131 Ext. 2003
[2]Flpd email logo
CONFIDENTIALITY NOTICE
The information contained in this communication including any attachments
is from the Franklin Lakes Police Department and should be considered
privileged and confidential. It is intended only for the sole use of the
designated persons or entities named as addressees. If you are not an
intended recipient of this e-mail, any further review, dissemination,
distribution, copying, or use of the information contained herein is
strictly prohibited. If you have received this communication in error,
please immediately notify Admin Assistant Ariane Hertenstein at (201)
891-3131 to arrange for the return of this information. Thank You.
Note: You are advised that this e-mail and all responses to this e-mail,
including all attachments, may constitute "public records" which may be
obtained by any person filing a request under the Open Public Records Act
(OPRA). There should be no expectation that the content of e-mails
exchanged with municipal officials and employees will remain private.
References
Visible links
1. http://www.franklinlakes.org/policepay
Since I have not received a response regarding the outlined fees for
releasing body worn camera footage by 10/15, your OPRA request is now
closed.
Ariane Hertenstein
Records Bureau/Administrative Assistant
Franklin Lakes Police Department
490 De Korte Drive
Franklin Lakes, NJ 07417
201-891-3131 Ext. 2003
[1]Flpd email logo
CONFIDENTIALITY NOTICE
The information contained in this communication including any attachments
is from the Franklin Lakes Police Department and should be considered
privileged and confidential. It is intended only for the sole use of the
designated persons or entities named as addressees. If you are not an
intended recipient of this e-mail, any further review, dissemination,
distribution, copying, or use of the information contained herein is
strictly prohibited. If you have received this communication in error,
please immediately notify Admin Assistant Ariane Hertenstein at (201)
891-3131 to arrange for the return of this information. Thank you.
Note: You are advised that this e-mail and all responses to this e-mail,
including all attachments, may constitute "public records" which may be
obtained by any person filing a request under the Open Public Records Act
(OPRA). There should be no expectation that the content of e-mails
exchanged with municipal officials and employees will remain private.
From: Administrative Assistant / Records Bureau
Sent: Monday, October 6, 2025 12:11 PM
To: '[OPRA #81698 email]'
<[OPRA #81698 email]>
Subject: OPRA Response
The Franklin Lakes Police Department received your Open Public Records Act
(OPRA) request on 10/6/2025. As the official Police Records Custodian, I
received your OPRA request on 10/6/2025. As such, the seven (7) business
day deadline to respond to your request is 10/15/2025. This response to
your request is being provided to you on the 1^st business day after the
custodian’s receipt of said request.
OPRA allows public agencies to impose special service charges whenever the
nature, format, manner of collation, or volume of a government record
embodied in the form of printed matter to be inspected, examined, or
copied pursuant to this section is such that the record cannot be
reproduced by ordinary document copying equipment in ordinary business
size or when fulfilling a request requires an extraordinary expenditure of
time and effort. See N.J.S.A. 47:1A-5.c. Special service charges must be
based upon the actual direct cost of providing the copy or copies.
OPRA mandates that the requestor shall have the opportunity to review and
object to the charge prior to it being incurred. See N.J.S.A. 47:1A-5.c.
You will be provided with a detailed estimate prior to any work being
performed.
Franklin Lakes Police Department redacts all body worn camera and MVR
footage prior to being released under OPRA or Common Law. The Borough
requires payment in full, upfront prior to beginning the work.
Due to the extraordinary amount of time it takes to review and redact any
video, a special service is required. We average for every half an hour of
footage to review and redact takes approximately an hour and a half.
I’m estimating there will be approximately 10 hours’ worth of work
required to provide the body worn camera footage for multiple officers,
which is total of 141 minutes long. We require a retainer fee up front
that is double the estimated cost prior to beginning any work.
· If any redactions are required, that would be 7.5 hours of work
at the lieutenant’s rate, who is the lowest level employee that can do the
redactions. His hourly rate is $91.17. For 1.5 hours of review and
redaction, estimated fee would be $683.78.
· Review of the video prior to release at my hourly rate of
$32.54. To review the videos that would be a total of $76.47 for 141
minutes of videos. I am the lowest level employee that can perform this
function.
· As long as you are able to receive the video via Dropbox, there
is no media fee. If you require a USB flash drive, there will be an
additional fee for that.
If you would like to proceed, I require the check be made out to “Borough
of Franklin Lakes” for $1,520.50 (double the estimated fee of $760.25). We
now accept online credit card/ACH payments via Municipay:
[2]http://www.franklinlakes.org/policepay. You will be provided a detailed
invoice for the hours expended and you will be refunded any unused funds.
You may also be asked to provide more money prior to releasing if the man
hours are more than expected due to unforeseen circumstances.
Kindly respond in writing with your acceptance or rejection of this
estimated charge by 10/15/2025 If I do not receive a response by that
date, the request will be considered closed. We will not begin to process
this request until we receive your written acceptance and if proceeding,
please provide an estimated date to expect the payment.
If you reject the estimated charge and you wish to challenge the special
service charge, you have a right to challenge the decision. 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 [3][email address], or at their web
site at [4]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,
Ariane Hertenstein
Records Bureau/Administrative Assistant
Franklin Lakes Police Department
490 De Korte Drive
Franklin Lakes, NJ 07417
201-891-3131 Ext. 2003
[5]Flpd email logo
CONFIDENTIALITY NOTICE
The information contained in this communication including any attachments
is from the Franklin Lakes Police Department and should be considered
privileged and confidential. It is intended only for the sole use of the
designated persons or entities named as addressees. If you are not an
intended recipient of this e-mail, any further review, dissemination,
distribution, copying, or use of the information contained herein is
strictly prohibited. If you have received this communication in error,
please immediately notify Admin Assistant Ariane Hertenstein at (201)
891-3131 to arrange for the return of this information. Thank You.
Note: You are advised that this e-mail and all responses to this e-mail,
including all attachments, may constitute "public records" which may be
obtained by any person filing a request under the Open Public Records Act
(OPRA). There should be no expectation that the content of e-mails
exchanged with municipal officials and employees will remain private.
References
Visible links
2. http://www.franklinlakes.org/policepay
3. mailto:[email address]
4. http://www.state.nj.us/grc