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Dear Jenna Biezynski:

Thank you for your interest in open public records of Morris County OPRA
Center.  Your request has been received and is being processed in
accordance with the Open Public Records Act (OPRA). Your request was given
the reference number C007291-092123 for tracking purposes.

Records Requested: I am writing to request access to all records related
to the missing person case of Lara Emanuele. Ms. Emanuele is a New Jersey
elementary school teacher who went missing in early June, and her car was
found at a hotel in a heavily wooded area. To provide more specific
details, we are interested in any and all records related to the
investigation, including but not limited to: - Police reports related to
the investigation of Ms. Emanuele's disappearance - Search and rescue
reports related to the investigation of Ms. Emanuele's disappearance -
Witness statements related to the investigation of Ms. Emanuele's
disappearance - Surveillance footage related to the investigation of Ms.
Emanuele's disappearance - Forensic evidence reports related to the
investigation of Ms. Emanuele's disappearance - Communications between law
enforcement agencies involved in the investigation of Ms. Emanuele's
disappearance. I am making this request under the Open Public Records Act
(OPRA), which provides that any person has the right to access government
records, subject to certain exceptions. I am requesting a waiver of all
fees associated with this request because the information is not being
sought for commercial purposes and its disclosure is in the public
interest and will contribute significantly to the public's understanding
of the investigation of Ms. Emanuele's disappearance. Please provide the
requested records in a timely manner, as required by the OPRA. If the
records cannot be provided within seven business days, please provide a
written explanation of the delay and an estimated date of when the records
will be available. If any of the requested records are exempt from
disclosure under the OPRA, please provide a written explanation of the
legal basis for the exemption. Thank you for your attention to this
matter. Sincerely, Jenna Biezynski

Your request will be forwarded to the relevant County department(s) to
locate the information you seek and to determine the volume and any costs
associated with satisfying your request. You will be contacted about the
availability and/or provided with copies of the records in question.
 PLEASE NOTE: The State Public Information Act does not require a
governmental body to create new information, to do legal research, or to
answer questions.

You can monitor the progress of your request at the link below and you'll
receive an email when your request has been completed. Again, thank you
for using the Morris County OPRA Center.

County of Morris, NJ

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To monitor the progress or update this request please log into
the [1]Morris County OPRA Center.

References

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1. https://u8387795.ct.sendgrid.net/ls/clic...

--- Please respond above this line ---

 
 
RE: OPRA REQUEST of Reference # C007291-092123
 
Dear Mr./Ms. Biezynski: 
 
The County of Morris received a public records request from you on
September 21, 2023. Specifically, you requested:
 
“I am writing to request access to all records related to the missing
person case of Lara Emanuele. Ms. Emanuele is a New Jersey elementary
school teacher who went missing in early June, and her car was found at a
hotel in a heavily wooded area.

To provide more specific details, we are interested in any and all records
related to the investigation, including but not limited to:

- Police reports related to the investigation of Ms. Emanuele's
disappearance
- Search and rescue reports related to the investigation of Ms. Emanuele's
disappearance
- Witness statements related to the investigation of Ms. Emanuele's
disappearance
- Surveillance footage related to the investigation of Ms. Emanuele's
disappearance
- Forensic evidence reports related to the investigation of Ms. Emanuele's
disappearance
- Communications between law enforcement agencies involved in the
investigation of Ms. Emanuele's disappearance.

I am making this request under the Open Public Records Act (OPRA), which
provides that any person has the right to access government records,
subject to certain exceptions. I am requesting a waiver of all fees
associated with this request because the information is not being sought
for commercial purposes and its disclosure is in the public interest and
will contribute significantly to the public's understanding of the
investigation of Ms. Emanuele's disappearance.

Please provide the requested records in a timely manner, as required by
the OPRA. If the records cannot be provided within seven business days,
please provide a written explanation of the delay and an estimated date of
when the records will be available. If any of the requested records are
exempt from disclosure under the OPRA, please provide a written
explanation of the legal basis for the exemption.

Thank you for your attention to this matter.

Sincerely,

Jenna Biezynski”
 
The County of Morris has reviewed its files and has determined there are
no responsive documents to your request.  The records you are seeking may
or may not exist with either/both, the municipal Police Department, Morris
County Sheriff's Office and the Morris County Prosecutor's Office (Missing
Persons Unit).  I have provided links to the OPRA forms for the Sheriff's
Office as well as the Prosecutor's Office.  I hope this is helpful.
 
Morris County [1]Prosecutor's Office -
[2]https://morriscountynj.seamlessdocs.com/...
Morris County [3]Sheriff's Office -
[4]https://morriscountynj.seamlessdocs.com/...
 
Your OPRA request is now deemed answered and closed. Thank you for your
attention to this matter.
 
If you have any questions, or wish to discuss this further, you may
contact my office at (973) 829-8126. 
 
Sincerely,
 
Sheila M. Leary, CPM
 
Administration
 
 
 

To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the County of Morris’ interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986).  The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test. Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”. MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005). The County of
Morris reserves the right to raise any other grounds for denial not raised
in this response. Failure of the County of Morris to assert an exemption
or privilege does not act as a waiver of any grounds for
denial. Furthermore, a reviewing Court or the Government Records Council
("GRC") may deem a denial of access to be authorized on grounds other than
those advanced by a custodian. See Paff v. Twp. of Plainsboro,
A-2122-05T2, 2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming,
Paff v. Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006). If
your request for access to a government record has been denied or
unfilled, you have a right to challenge the decision by the County of
Morris to deny access. At your option, you may either initiate a
proceeding in the Superior Court of New Jersey or file a complaint with
the 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 [5][email address], or on its website
at [6]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.

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To monitor the progress or update this request please log into
the [7]Morris County OPRA Center.

References

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