Policemen on duty
Dear Burlington City,
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:
Please provide me with a list of the number of patrolmen on duty, in patrol cars, during a normal weekday, 10 hour shift. The document is called a "Patrol Shift Roster".
Yours faithfully,
John W. Milner
Dear Mr. Milner,
In response to your request for "a list of the number of patrolmen on duty, in patrol cars, during a normal weekday, 10 hour shift. The document is called a "Patrol Shift Roster".", due to the nature of the request it is being denied. This request seeks information as to internal operations and staffing levels and other security patterns. It is exempt from OPRA as revealing this information would compromise security.
This shall complete your request. Thank you.
Cindy A. Crivaro, RMC
City Clerk/HPC Secretary
City of Burlington
525 High Street
Burlington, New Jersey 08016
Website: www.burlingtonnj.us
Code: http://ecode360.com/BU2898
Dear ccrivaro,
The exemption you mentioned reads, "security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons, property, electronic data or software". It can be found here in state law (21st item on the list):
https://njlaw.rutgers.edu/collections/nj...
It does not apply to this request.
The requested document can be found with the shift scheduler, an officer in Police Headquarters.
Yours sincerely,
John W. Milner
Mr. Milner,
The documents sought are of a nature that they are not a "government record" as defined by OPRA; the records also clearly fall within several of the recognized exceptions of OPRA as specifically set forth in NJSA 47:1A-1.1 and as defined by the GRC interpreting OPRA and the term "government records."
The records and information requested seeks "emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building or facility or persons therein. The records and information requested relates to policing and the number of officers on shift at a particular time, including those assigned to patrol the City (which relates to the security for any buildings or facilities in the City) and also to the security of City Hall. Disclosing the records with this information would jeopardize safety. The records are not defined as public documents or records under OPRA such that the records are exempt from disclosure.
In addition, the records and information requested seeks "security measures and surveillance techniques (of the Burlington PD) which, if disclosed, would create a risk to the safety of persons, property, electronic data or software… The records and information requested clearly relates to security and surveillance techniques, including staffing power at various times, which if disclosed would create a risk to safety of persons or property. Therefore, the disclosure of these records would jeopardize safety of persons and property. The records are not defined as public documents or records under OPRA such that the records are exempt from disclosure.
Finally, the documents sought are most definitely "for use by a law enforcement agency in this State..." so that it falls within one of the exceptions under NJSA 47:1A-1.1. I trust you are guided accordingly.
Cindy A. Crivaro, RMC
City Clerk/HPC Secretary
City of Burlington
525 High Street
Burlington, New Jersey 08016
Website: www.burlingtonnj.us
Code: http://ecode360.com/BU2898