Public Records Request

Your request was received and sent to the official [1]Police Records
Custodian.

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.

show quoted sections

image001.png

10K Download

The Franklin Lakes Police Department received your Open Public Records Act
(OPRA) request on 7/31/2024. As the official Police Records Custodian, I
received your OPRA request on 7/31/2024. As such, the seven (7) business
day deadline to respond to your request is 8/9/2024. This response to
your request is being provided to you on the 1^st business day after the
custodian’s receipt of said request.

In regards to the following OPRA request:

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:

Tyler J. HOEBEE of West Milford and Josephine A. HATZIGEORGIOU of
Paterson, NJ were arrested around 06/28/2024 7:57 AM at the Summit Ave
exit of Rt 208 south by Franklin Lakes PD Officer Heffner. Please provide
body cam video footage of Officer Heffner.

There is no provided justification for Common Law, therefore, no records
will be provided unredacted.

For all body worn camera or MVR footage OPRA/Common law requests:

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. Please see
below for an example of a body worn camera or MVR footage request
estimate:

I’m estimating there will be approximately 4 hours’ worth of work required
to provide the body worn camera footage for Officer Heffner, which is
total of 64 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 3 hours of work at
the lieutenant’s rate, who is the lowest level employee that can do the
redactions. His hourly rate is $85.94. For 1.5 hours of review and
redaction, estimated fee would be $257.82.

· Review of the video prior to release at my hourly rate of
$29.84. To review the videos that would be a total of $29.84 for 64
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 $575.32 (double the estimated fee of $287.66). 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 8/9/2024. 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 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

image001.png

10K Download

As we have not received your response regarding the confirmation on
proceeding with the outlined charges for body-worn cameras by August 9^th,
2024, your records 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: Thursday, August 1, 2024 7:02 AM
To: '[OPRA #64241 email]'
<[OPRA #64241 email]>
Subject: OPRA Request