Records request asking for expedited retrieval
Dear Green Brook Township,
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:
Full audio video body cam and dash cam footage of all present officers for traffic stop #24165823 .
Requesting both body and dash cam footage for all officers from the time of 10:00 pm threw to midnight . Monday may 27th 2024
Yours faithfully,
Desiree carlin
Hello,
This is to confirm that the Township of Green Brook has received your OPRA
request. We will be in contact with you within 7 business days of the
date your request was received (the date of receipt of requests received
after business hours or on weekends/holidays will be the next business
day). Thanks,
Anthony Buontempo
Deputy Municipal Clerk
Township of Green Brook
111 Greenbrook Road
Green Brook, NJ 08812
(P) 732-968-1023 ext. 6602
(F) 732-968-4088
[1][email address]
Hello,
In response to your OPRA request, please see attached with redactions
pursuant to NJSA 47:1A-1.1, and the responses to each item below in red.
Thanks,
1) Any and all communication of officer perez and officer dill of
greenbrook pd nj between 5/27/24 until current.
This request is denied as overly broad because the request fails to
specifically identify the government records being sought. Government
agencies are required to disclose only identifiable government records
that are specifically described in the request. Gannett N.J. Partners v.
Middlesex, 379 N.J. Super. 205, 212 (App. Div. 2005). Neither OPRA nor
the common law countenances open-ended searches of agency files or permits
a blanket request for every document an agency has on file on a
topic. MAG Entertainment, LLC v. Div. of Alcoholic Bev Control, 375 N.J.
Super. 534, 549 (App. Div. 2005); Bent v. Twp. of Stafford, 381 N.J.
Super. 30, 37 (App. Div. 2005). OPRA does not require that custodians
conduct research when responding to OPRA requests. See Lagerkvist v.
Office of Governor of State, 443 N.J. Super. 230, 237 (App. Div. 2015).
“A requestor is obliged to identify the documents sought with some
particularity, thus enabling government to maintain transparency while
completing necessary day-to-day functions.” Ibid. “A records request must
be well defined so that the custodian knows precisely what records are
sought. The request should not require the records custodian to undertake
a subjective analysis to understand the nature of the request. Seeking
particular information from the custodian is permissible; expecting the
custodian to do research is not.” Paff v. Galloway Twp., 229 N.J. 340, 355
(2017).
2) All reports for incident number #24165823
Attached.
3) Also names of all officers involved there were 4 or 5 2 did
not identify themselves.
Listed on the attached reports.
4) Use of force reports for incident # 24165823
Attached.
5) Any internal affair actions taken by greenbrook pd from 5/27/24
-current.
This request is denied as internal affairs records are exempt from
production under OPRA.
6) All body cam footage from the incident of all officers traffic stop
#24165823.
The body worn camera video needs to be redacted. Pursuant to N.J.S.A.
47:1A-5c of the Open Public Records Act, a public agency may charge a
special charge for the extraordinary expenditure of time and effort to
accommodate a request based on the actual direct cost to the public
agency. The Township uses proprietary software from Veritone to redact
the body worn camera video. The review, redaction and copying is
performed by the Green Brook Police Department Detective Bureau. The
actual direct cost to the Township for review, redaction and copying of
the body worn camera video is $375.68 (Veritone Software Fee $150; Officer
Labor Fee $225.68). Upon receipt of payment (check payable to “Green
Brook Township” mailed to my attention at the address below along with a
copy of your request and the mailing address it should be sent to), the
body worn camera video will be redacted and provided to you. If you
choose not to pursue this portion of the request, please let me know as
soon as possible.
7) Any internal affair actions requests from 5/27 until current
This request is denied as internal affairs records are exempt from
production under OPRA.
8) Any use of force reports filed for these officers at traffic stop from
5/27 until current
There are no other Use of Force reports during this timeframe for these
officers besides the involved incident.
9) Any communication or reports or anything that is pertaining to Desiree
carlin
This request is denied as overly broad because the request fails to
specifically identify the government records being sought. Government
agencies are required to disclose only identifiable government records
that are specifically described in the request. Gannett N.J. Partners v.
Middlesex, 379 N.J. Super. 205, 212 (App. Div. 2005). Neither OPRA nor the
common law countenances open-ended searches of agency files or permits a
blanket request for every document an agency has on file on a topic. MAG
Entertainment, LLC v. Div. of Alcoholic Bev Control, 375 N.J. Super. 534,
549 (App. Div. 2005); Bent v. Twp. of Stafford, 381 N.J. Super. 30, 37
(App. Div. 2005). OPRA does not require that custodians conduct research
when responding to OPRA requests. See Lagerkvist v. Office of Governor of
State, 443 N.J. Super. 230, 237 (App. Div. 2015). “A requestor is obliged
to identify the documents sought with some particularity, thus enabling
government to maintain transparency while completing necessary day-to-day
functions.” Ibid. “A records request must be well defined so that the
custodian knows precisely what records are sought. The request should not
require the records custodian to undertake a subjective analysis to
understand the nature of the request. Seeking particular information from
the custodian is permissible; expecting the custodian to do research is
not.” Paff v. Galloway Twp., 229 N.J. 340, 355 (2017).
10) Dash cam video.
The dash cam video needs to be redacted. Pursuant to N.J.S.A. 47:1A-5c of
the Open Public Records Act, a public agency may charge a special charge
for the extraordinary expenditure of time and effort to accommodate a
request based on the actual direct cost to the public agency. The
Township uses proprietary software from Veritone to redact the dash cam
video. The review, redaction and copying is performed by the Green Brook
Police Department Detective Bureau. The actual direct cost to the
Township for review, redaction and copying of the dash cam video is
$162.84 (Veritone Software Fee $50; Officer Labor Fee $112.84). Upon
receipt of payment (check payable to “Green Brook Township” mailed to my
attention at the address below along with a copy of your request and the
mailing address it should be sent to), the dash cam video will be redacted
and provided to you. If you choose not to pursue this portion of the
request, please let me know as soon as possible.
Please note that a single check may be submitted for both the body cam and
dash cam videos for a total of $538.52
Anthony Buontempo
Deputy Municipal Clerk
Township of Green Brook
111 Greenbrook Road
Green Brook, NJ 08812
(P) 732-968-1023 ext. 6602
(F) 732-968-4088
[1][email address]
From: Anthony Buontempo <[2][email address]>
Sent: Monday, June 3, 2024 3:58 PM
To: '[3][OPRA #62280 email]'
<[4][OPRA #62280 email]>
Subject: RE: OPRA request - Records request asking for expedited retrieval
Hello,
This is to confirm that the Township of Green Brook has received your OPRA
request. We will be in contact with you within 7 business days of the
date your request was received (the date of receipt of requests received
after business hours or on weekends/holidays will be the next business
day). Thanks,
Anthony Buontempo
Deputy Municipal Clerk
Township of Green Brook
111 Greenbrook Road
Green Brook, NJ 08812
(P) 732-968-1023 ext. 6602
(F) 732-968-4088
[5][email address]