Police reports and body cam footage.
Patrick Duff made this OPRA request to Franklin Lakes Borough Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear Franklin Lakes Borough,
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:
Police reports and body cam footage from 8-25-2023 from the tickets given to Heather K Cooper.
Case #'s E23 4396, E23 4395, E23 4394.
Yours faithfully,
Patrick Duff
Patrick,
Your request has been received. By copy of this email, I am forwarding your request to the Police Department Records Custodian for response.
Gail M. Rulli, RMC, CMR
Borough Clerk
Deputy Registrar
Borough of Franklin Lakes
201-891-4000, Ext. 1202
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.
Dear Borough Clerk,
Could you please just do me one favor? Is Heather Cooper’s home address in Marlton NJ?
Yours sincerely,
Patrick Duff
Mr. Duff,
This email is only in response to the question you sent the borough clerk,
Ms. Rulli, subsequent to the initial OPRA/Common Law request which is as
follows:
Dear Borough Clerk,
Could you please just do me one favor? Is Heather Cooper’s home address
in Marlton NJ?
Yours sincerely,
Patrick Duff
According to our records, the party Heather Cooper’s address is listed in
Cincinnati, OH, not Marlton, NJ.
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.
References
Visible links
Dear Administrative Assistant / Records Bureau,
Thanks for checking.
Yours sincerely,
Patrick Duff
Dear Administrative Assistant / Records Bureau,
I am working on a story that involves a politician from South Jersey with that same name who mysteryously backed out of her race on the same day these citations were issued. I appreciate your help in the matter.
Yours sincerely,
Patrick Duff
I am out of the office until Tuesday 1/2. You’re email has been received
and I will respond when I return.
If this is a records request, all requests must be submitted online:
OPRA requests can be submitted using this link -
[1]https://portal.laserfiche.com/g8290/form...
Motor vehicle crash reports can be requested via LexisNexis, using this
link - [2]https://policereports.lexisnexis.com/
If this is an urgent matter and requires immediate police dispatch, please
contact the dispatch desk at (201) 891-3131 and dial 0 at the main menu.
References
Visible links
1. https://portal.laserfiche.com/g8290/form...
2. https://policereports.lexisnexis.com/
Dear Mr. Duffy,
The Franklin Lakes Police Department received your Open Public Records Act
(OPRA) request on 12/27/2023. As the official Police Records Custodian, I
received your OPRA request on 12/27/2023. As such, the seven (7) business
day deadline to respond to your request is 1/8/2024 This response to your
request is being provided to you on the 4th business day after the
custodian’s receipt of said request.
· Your OPRA request sought access to the following:
o Records requested:
“Police reports and body cam footage from 8-25-2023 from the tickets given
to Heather K Cooper. Case #'s E23 4396, E23 4395, E23 4394.”
The letter attached will identify the records that are being denied in
whole or in part as well as the legal basis for each denial, as is
required by N.J.S.A. 47:1A-6.
This fulfills and closes the OPRA portion of your request.
· Your Common Law sought access to the following:
o Records requested:
“Police reports and body cam footage from 8-25-2023 from the tickets given
to Heather K Cooper. Case #'s E23 4396, E23 4395, E23 4394.”
In response to your Common Law request listed above, according to the
following information, you have not provided the required information to
provide any records via a common law request:
“In order to request records via Common Law Records Request, A public
record under the common law is one required by law to be kept, or
necessary to be kept in the discharge of a duty imposed by law, or
directed by law to serve as a memorial and evidence of something written,
said, or done, or a written memorial made by a public officer authorized
to perform that function, or a writing filed in a public office. The
elements essential to constitute a public record are that it be a written
memorial, that it be made by a public officer, and that the officer be
authorized by law to make it. If the information requested is a "public
record" under common law and the requestor has a legally recognized
interest in the subject matter contained in the material, then the
material must be disclosed if the individual's right of access outweighs
the State's interest in preventing disclosure.”
Please provide me with the legal interest in the subject matter and how it
relates to the records you are requesting.
· Regarding the body worn camera request under both your OPRA and
Common Law requests:
o Your request requires additional time beyond the seven (7) business
days to fulfill because of a body worn camera request requiring review and
redaction of the videos. OPRA allows custodians to seek extensions of time
pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, “the
requestor shall be advised by the custodian when the record can be made
available. If the record is not made available by that time, access shall
be deemed denied.”
Your request requires an extension of time until 1/26/2024.
· 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.
As such, a detailed estimate is provided below:
o I’m estimating there will be approximately 2 and a half hours’ worth
of work required to provide the body worn camera footage which is 33
minutes long which is combined from two separate officers that responded.
We require a retainer fee up front that is double the estimated cost prior
to beginning any work.
i.
Review of the video at my hourly rate of $27.08. To review the video that
would be $13.54
ii. If
any redactions are required, that would be 2 hours of work at the
sergeant’s rate, who is the lowest level employee that can do the
redactions. His hourly rate is $72.98. For 1.5 hours of redaction,
estimated fee would be $145.96
iii. 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.
iv. If you
would like to proceed, I require the check be made out to “Borough of
Franklin Lakes” for $319.00. 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.
I wanted to respond to the email you sent me - I am working on a story
that involves a politician from South Jersey with that same name who
mysteryously backed out of her race on the same day these citations were
issued. I appreciate your help in the matter. I wanted to be transparent
with you, our officers never make contact with Heather K. Cooper, they
never make face to face contact.
Kindly respond in writing with your acceptance or rejection of this
estimated charge by 1/7/2024. 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.
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.
Note that any challenge to a denial of a request for records under the
common law cannot be made to the Government Records Council, as the
Government Records Council only has jurisdiction to adjudicate challenges
to denials of OPRA requests. A challenge to the denial of access under the
common law can be made by filing an action in Superior Court.
Additionally, the GRC cannot provide any guidance on how to submit a
request under the common law.
Sincerely,
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.
References
Visible links
Mr. Duff,
As we have not received your response regarding the justification for your
Common Law request and confirmation on proceeding with the outlined
charges for body-worn cameras by January 11, 2024, your records request is
now closed. Additionally, please note the accurate response deadline was
1/11/2024, not 1/7/2024 (7 days from 1/3/2024), as incorrectly indicated
in the response to your request.
Feel free to submit a new records request if needed in the future. Thank
you.
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: Wednesday, January 3, 2024 2:25 PM
To: [OPRA #56445 email]
Subject: OPRA/Common Law Request
Dear Mr. Duffy,
The Franklin Lakes Police Department received your Open Public Records Act
(OPRA) request on 12/27/2023. As the official Police Records Custodian, I
received your OPRA request on 12/27/2023. As such, the seven (7) business
day deadline to respond to your request is 1/8/2024 This response to your
request is being provided to you on the 4th business day after the
custodian’s receipt of said request.
· Your OPRA request sought access to the following:
o Records requested:
“Police reports and body cam footage from 8-25-2023 from the tickets given
to Heather K Cooper. Case #'s E23 4396, E23 4395, E23 4394.”
The letter attached will identify the records that are being denied in
whole or in part as well as the legal basis for each denial, as is
required by N.J.S.A. 47:1A-6.
This fulfills and closes the OPRA portion of your request.
· Your Common Law sought access to the following:
o Records requested:
“Police reports and body cam footage from 8-25-2023 from the tickets given
to Heather K Cooper. Case #'s E23 4396, E23 4395, E23 4394.”
In response to your Common Law request listed above, according to the
following information, you have not provided the required information to
provide any records via a common law request:
“In order to request records via Common Law Records Request, A public
record under the common law is one required by law to be kept, or
necessary to be kept in the discharge of a duty imposed by law, or
directed by law to serve as a memorial and evidence of something written,
said, or done, or a written memorial made by a public officer authorized
to perform that function, or a writing filed in a public office. The
elements essential to constitute a public record are that it be a written
memorial, that it be made by a public officer, and that the officer be
authorized by law to make it. If the information requested is a "public
record" under common law and the requestor has a legally recognized
interest in the subject matter contained in the material, then the
material must be disclosed if the individual's right of access outweighs
the State's interest in preventing disclosure.”
Please provide me with the legal interest in the subject matter and how it
relates to the records you are requesting.
· Regarding the body worn camera request under both your OPRA and
Common Law requests:
o Your request requires additional time beyond the seven (7) business
days to fulfill because of a body worn camera request requiring review and
redaction of the videos. OPRA allows custodians to seek extensions of time
pursuant to N.J.S.A. 47:1A-5.i. Specifically, OPRA states that, “the
requestor shall be advised by the custodian when the record can be made
available. If the record is not made available by that time, access shall
be deemed denied.”
Your request requires an extension of time until 1/26/2024.
· 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.
As such, a detailed estimate is provided below:
o I’m estimating there will be approximately 2 and a half hours’ worth
of work required to provide the body worn camera footage which is 33
minutes long which is combined from two separate officers that responded.
We require a retainer fee up front that is double the estimated cost prior
to beginning any work.
i.
Review of the video at my hourly rate of $27.08. To review the video that
would be $13.54
ii. If
any redactions are required, that would be 2 hours of work at the
sergeant’s rate, who is the lowest level employee that can do the
redactions. His hourly rate is $72.98. For 1.5 hours of redaction,
estimated fee would be $145.96
iii. 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.
iv. If you
would like to proceed, I require the check be made out to “Borough of
Franklin Lakes” for $319.00. 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.
I wanted to respond to the email you sent me - I am working on a story
that involves a politician from South Jersey with that same name who
mysteryously backed out of her race on the same day these citations were
issued. I appreciate your help in the matter. I wanted to be transparent
with you, our officers never make contact with Heather K. Cooper, they
never make face to face contact.
Kindly respond in writing with your acceptance or rejection of this
estimated charge by 1/7/2024. 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.
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 [2][email address], or at their web site at
[3]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.
Note that any challenge to a denial of a request for records under the
common law cannot be made to the Government Records Council, as the
Government Records Council only has jurisdiction to adjudicate challenges
to denials of OPRA requests. A challenge to the denial of access under the
common law can be made by filing an action in Superior Court.
Additionally, the GRC cannot provide any guidance on how to submit a
request under the common law.
Sincerely,
Ariane Hertenstein
Records Bureau/Administrative Assistant
Franklin Lakes Police Department
490 De Korte Drive
Franklin Lakes, NJ 07417
201-891-3131 Ext. 2003
[4]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. mailto:[email address]
3. http://www.state.nj.us/grc