Public Records Request
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:
Would you please help us locate the BWC footage of the arresting officer for the arrest of David A. Henderson Jr. of Middletown, NY on Rt 208 north, on 05/25/2024 around 8:25pm ?
Yours faithfully,
Kim
Kim,
Your request has been received and by copy of this email is being 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.
The Franklin Lakes Police Department received your Open Public Records Act
(OPRA) request on 8/1/2024. As the official Police Records Custodian, I
received your OPRA request on 8/1/2024. As such, the seven (7) business
day deadline to respond to your request is 8/12/2024. This response to
your request is being provided to you on the 1^st business day after the
custodian’s receipt of said request.
Your OPRA request sought access to the following:
Would you please help us locate the BWC footage of the arresting officer
for the arrest of David A. Henderson Jr. of Middletown, NY on Rt 208
north, on 05/25/2024 around 8:25pm ?
This request seeks information or asks questions and does not identify
specific government records. As such, your request is an invalid OPRA
request and is denied. When a request is “complex” because it fails to
specifically identify the documents sought, then that request is not
“encompassed” by OPRA. See New Jersey Builders Association v. New Jersey
Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007).
A proper request under OPRA must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency's documents. See Bent v. Stafford
Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are
not required to conduct research or create new records in response to an
OPRA request.
Please respond to this email with a clarification within seven (7)
business days 8/12/2024. Failure to reply by that deadline will result in
your request being closed.
If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Franklin Lakes Police Department to
deny access. 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.
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
As we have not received your response regarding the clarification of
records you were seeking by 8/10/2024, 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: Friday, August 2, 2024 7:51 AM
To: '[OPRA #64287 email]'
<[OPRA #64287 email]>
Subject: OPRA/Common Law Records Request
The Franklin Lakes Police Department received your Open Public Records Act
(OPRA) request on 8/1/2024. As the official Police Records Custodian, I
received your OPRA request on 8/1/2024. As such, the seven (7) business
day deadline to respond to your request is 8/12/2024. This response to
your request is being provided to you on the 1^st business day after the
custodian’s receipt of said request.
Your OPRA request sought access to the following:
Would you please help us locate the BWC footage of the arresting officer
for the arrest of David A. Henderson Jr. of Middletown, NY on Rt 208
north, on 05/25/2024 around 8:25pm ?
This request seeks information or asks questions and does not identify
specific government records. As such, your request is an invalid OPRA
request and is denied. When a request is “complex” because it fails to
specifically identify the documents sought, then that request is not
“encompassed” by OPRA. See New Jersey Builders Association v. New Jersey
Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007).
A proper request under OPRA must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency's documents. See Bent v. Stafford
Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are
not required to conduct research or create new records in response to an
OPRA request.
Please respond to this email with a clarification within seven (7)
business days 8/12/2024. Failure to reply by that deadline will result in
your request being closed.
If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Franklin Lakes Police Department to
deny access. 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.
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