Dear Patrick Kelly,

Thank you for registering with Rutgers, The State University of New
Jersey Open Public Records Center, an online, public portal. Below you
will find your portal login and password information .

Login:  [OPRA #26122 email]
 
If you have never used this system or cannot remember your password, you
may request a [1]Temporary Password
 

If you are a first time user and did not submit your request through the
public portal but are receiving this e-mail, an account has been created
for you with the login and password listed above. At this account you can
access, track and receive any documents in response to your request.

Please log in to the [2]Rutgers University Open Public Records Center and
then "My Request Center" to update any contact or password information on
your account and to view your request.

The University Custodian of Records will contact you if there are
questions regarding your request or provide you a response. If you have
questions, you may contact the OPRA Administrator at 973.972.1887.
Thank you again for registering with the Rutgers University Open Public
Records Center.
 
 
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Attachments:
[1]19-A-00183_Redacted.pdf

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request, # R006881-092521

Dear Kelly,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On September 25, 2021, this office received your request for the
following:

“Dear Rutgers University,

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.

It seems that, although I made an attempt to submit an OPRA request
earlier on 9/24/2021, for one reason or another it either did not process
or isn't yet showing up yet, so I ask that you disregard it and instead
respond to the following OPRA request with acceptable responses and all
relevant information as it becomes available and is soon as it can be
available.:

1) Item 1
A) Either an excel spreadsheet or logs of information, which list all
metadata, chain of custody information, e.g., who accesses what, when, and
why, what action was performed, etc... for
i) The file named "Ikena_3951_113.processed.fts-00-00-00.enh.avi" which
was sent by Jewell Battle on 9/22/2021 in response to an OPRA request,
ii) The master record for that file (the original recording from which
Ikena_3951_113.processed.fts-00-00-00.enh.avi was sourced before being)
iii) All derivatives of the master record which were created in the
process of the creation of the file named,
"Ikena_3951_113.processed.fts-00-00-00.enh.avi"
B) To be clear, I want to know the name of every individual involved in
the viewing and editing of Ai, Aii, and Aiii, along with all other
information which is traditionally included in metadata and chain of
custody logs, and understand and an "internal identification number" which
is not known or accessible to the public would serve as a understandable
and sufficient substitute for names.

2) Incident Report # 19RN01602

3) Field Arrest Report for arrest number 19-A-00183

4) Incident Report with Report Number 20RN00202

5) All documents pertaining to Case #17-117354

6) All BWC footage recorded by officer #3821 between 10/11/2019 and
10/18/2019

7) All BWC footage recorded by officer #3803 between 10/11/2019 and
10/18/2019

8) An official ID photograph of officer #3803's face.

9) All BWC footage recorded by officer #3798 between 10/11/2019 and
10/18/2019

10) 911 recording and transcript of call number 2019-00176715

11) All BWC footage recorded by officer #9013 between 10/11/2019 and
10/18/2019

12) All BWC footage recorded by officer #3912 between 10/11/2019 and
10/18/2019

13) All BWC footage recorded by officer #3830 between 10/11/2019 and
10/18/2019

14) All BWC footage recorded by officer #3764 between 10/11/2019 and
10/18/2019

15) All BWC footage recorded by officer #3923 between 10/11/2019 and
10/18/2019

16) All BWC footage recorded by officer #3940 between 10/11/2019 and
10/18/2019

17) Report # 19RN01182

18) Report # 19RN00957

19) Report # 18-018371

20) Report # 18-008651

21) Report # 17-125096

Additionally, I'd like the following

1) All BWC footage recorded by officer #3920 between 10/11/2019 and
10/18/2019

2) All BWC footage recorded by officer #3923 between 10/11/2019 and
10/18/2019

3) All BWC footage recorded by officer #3814 between 10/11/2019 and
10/18/2019

4) All BWC footage recorded by officer #3877 between 10/11/2019 and
10/18/2019

5) All BWC footage recorded by officer #3954 between 8/18/2019 and
12/31/2019

6) All BWC footage recorded by officer #3954 between 1/1/2020 and
3/31/2020

7) All BWC footage recorded by officer #3954 between 1/1/2021 and
3/31/2021

8) The make, model, and serial number of every BWC worn by officer #3954
between 8/18/2019 and 12/31/2019

9) The make, model, and serial number of every BWC worn by officer #3954
between 1/1/2020 and 3/31/2020

10) The make, model, and serial number of every BWC worn by officer #3954
between 1/1/2021 and 3/31/2021

11) All results and documents for any physical and mental assessments of
officer #3821.

To be clear, I anticipate a number of requested BWC footage to not be
available and expect only to receive what is available. If what is
available is excessive, please just let me know and give me a ballpark
idea of how many records we're looking at, so I can amend my request to
make it more reasonable. From *my* perspective, right now, I have no idea
if, for each of those month-long periods, you have 20 BWC files or if you
have something more like 20,000, so if we're looking at a rather large
number of files, please just let me know. That same line of thought
applies to everything else here. Just let me know what we're looking at,
and I'll amend anything if necessary; my goal isn't to be unreasonable.

Thank you for signing up for this job. Please excuse my typos.

Patrick Kelly

-------------------------------------------------------------------

Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #26122 email]

Is [Rutgers University request email] the wrong address for OPRA requests to Rutgers
University? If so, please contact us using this form:
https://nam02.safelinks.protection.outlo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
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View this OPRA request & responses online:
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Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

-------------------------------------------------------------------”

As this is a duplicate request, we are providing the response as per
R006879:

he University has reviewed your request to determined the existence of
responsive records. Please note the following information regarding your
request:

1) A fully annotated spreadsheet and/or fully annotated logs of
information, for the following video file, which was sent from Jewell
Battle on Sept 22, 2021 in response to an OPRA request, and its master
record (the original recording):
Ikena_3951_113.processed.fts-00-00-00.enh.avi
(These annotations will include all file metadata for
Ikena_3951_113.processed.fts-00-00-00.enh.avi, all file metadata for its
master record, and all file metadata for any and all available videos
and/or audio recordings used to create
Ikena_3951_113.processed.fts-00-00-00.enh.avi from its master record, as
well as a list of every LEO or third party who accessed each file, the
reason, the date and time of access, and the act performed each time,
e.g., "preparing the video for an OPRA request response."

These recordings were from a video system which is no longer being
maintained by the University, the system was decommissioned in November of
2020 and therefore the University does not have the ability to export the
access log which is requested.

2) Incident Report # 19RNO1602

 The report is criminal investigative and therefore not available for
public inspection consistent with GRC exception # 5. A “criminal
investigatory record” is defined by the statute as “a record which is not
required by law to be made, maintained or kept on file that is held by a
law enforcement agency which pertains to any criminal investigation or
related civil enforcement proceeding.” N.J.S.A. 47:1A-1.1. The Government
Records Council (“GRC”) has held that this definition “includes commonly
made police records such as incident reports, supplemental reports and
operations reports.” Blue v. Wall Township Police Department, GRC
Complaint 2002-47 (August 22, 2003). The GRC has consistently held that
investigation reports are not required to be made, maintained or kept by
law and are exempt from OPRA. See Briggs v. City of Trenton, GRC Complaint
No. 2007-58 (March 28, 2007); McCrone v. Burlington County Prosecutor’s
Office, GRC Complaint 2005-146 (November 22, 2005). Accordingly, this
portion of your request is denied because criminal investigative reports
are exempt from OPRA as criminal investigatory records.  

3) Field Arrest Report for Arrest Number 19-A-00183 (attached)

Please note, the responsive record has been redacted due to privacy
concerns N.J.S.A. 47:1A-1.1.1. OPRA specifically places on the University
“a responsibility and an obligation to safeguard from public access a
citizen’s personal information with which it has been entrusted when
disclosure thereof would violate the citizen’s reasonable expectation of
privacy.” Serrano v. South Brunswick Twp., 358 N.J. Super. 352, 368 (App.
Div. 2003). New Jersey courts and the Government Records Council (“GRC”)
have consistently held that an individual has a reasonable expectation of
privacy in keeping his or her address out of the public domain. In Doe v.
Poritz, 142 N.J. 1, 82 (1995), the New Jersey Supreme Court acknowledged
that disclosure of an individual’s home address, or other personally
identifiable information, invokes privacy concerns, particularly when such
disclosure could result in “unsolicited contact or intrusion.” In order to
uphold the University’s obligations to protect an individual’s reasonable
expectation of privacy, we have redacted any and all personally
identifying information.

4) Incident Report # 20RN00202
 The report is criminal investigative and therefore not available for
public inspection consistent with GRC exception # 5. A “criminal
investigatory record” is defined by the statute as “a record which is not
required by law to be made, maintained or kept on file that is held by a
law enforcement agency which pertains to any criminal investigation or
related civil enforcement proceeding.” N.J.S.A. 47:1A-1.1. The Government
Records Council (“GRC”) has held that this definition “includes commonly
made police records such as incident reports, supplemental reports and
operations reports.” Blue v. Wall Township Police Department, GRC
Complaint 2002-47 (August 22, 2003). The GRC has consistently held that
investigation reports are not required to be made, maintained or kept by
law and are exempt from OPRA. See Briggs v. City of Trenton, GRC Complaint
No. 2007-58 (March 28, 2007); McCrone v. Burlington County Prosecutor’s
Office, GRC Complaint 2005-146 (November 22, 2005). Accordingly, this
portion of your request is denied because criminal investigative reports
are exempt from OPRA as criminal investigatory records. 

5) Photo identification of the face of Captain Alex Rabar. 

The University has reviewed this portion of your request and determined
that releasing this record would compromise the security of the named
individual in your request. OPRA exempts “[s]ecurity measures and
surveillance techniques which, if disclosed, would create a risk to the
safety of persons, property, electronic data or software.” N.J.S.A.
47:1A-1.1.

6) All available BWC footage recorded by officer #3951 between 8/18/2019
and 10/18/2019 
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.

7) All available BWC footage recorded by officer #3951 between 10/17/2019
and 12/31/2019 
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.

8) All available BWC footage recorded by officer #3951 between 1/1/2020
and 3/1/2020 
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.

9) All available BWC footage recorded by officer #3951 between 1/1/2021
and 3/1/2021 
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.

10) The make, model, and serial number of all BWC's used by officer #3951
between 8/18/2019 and 10/18/2019

Panasonic – Model # WV-TW370 -  Serial # QIA00636.
We have reviewed your request and determined that it is a request for
information and not for records. OPRA provides access to existing records
that are not otherwise exempt. The Government Records Council has
consistently held that a proper OPRA request is a request for a specific
identifiable document, and not a request for information or answers to
questions. See Gorbe v. Monroe Fire District #3, GRC Complaint 2010-137
(December 21, 2010); James v. New Jersey Dept. of Corrections, GRC
Complaint 2009-283 (June 29, 2010). Moving forward, please request
specific records.

11) The make, model, and serial number of all BWC's used by officer #3951
between 10/17/2019 and 12/31/2019

Panasonic – Model # WV-TW370 -  Serial # QIA00636.
We have reviewed your request and determined that it is a request for
information and not for records. OPRA provides access to existing records
that are not otherwise exempt. The Government Records Council has
consistently held that a proper OPRA request is a request for a specific
identifiable document, and not a request for information or answers to
questions. See Gorbe v. Monroe Fire District #3, GRC Complaint 2010-137
(December 21, 2010); James v. New Jersey Dept. of Corrections, GRC
Complaint 2009-283 (June 29, 2010). Moving forward, please request
specific records.

12) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2020 and 3/1/2020

Panasonic – Model # WV-TW370 -  Serial # QIA00636.
We have reviewed your request and determined that it is a request for
information and not for records. OPRA provides access to existing records
that are not otherwise exempt. The Government Records Council has
consistently held that a proper OPRA request is a request for a specific
identifiable document, and not a request for information or answers to
questions. See Gorbe v. Monroe Fire District #3, GRC Complaint 2010-137
(December 21, 2010); James v. New Jersey Dept. of Corrections, GRC
Complaint 2009-283 (June 29, 2010). Moving forward, please request
specific records.

13) The make, model, and serial number of all BWC's used by officer #3951
between 1/1/2021 and 3/1/2021

This officer separated from the Rutgers Police Department on August 3,
2020 and was therefore not assigned a BWC between those dates.
We have reviewed your request and determined that it is a request for
information and not for records. OPRA provides access to existing records
that are not otherwise exempt. The Government Records Council has
consistently held that a proper OPRA request is a request for a specific
identifiable document, and not a request for information or answers to
questions. See Gorbe v. Monroe Fire District #3, GRC Complaint 2010-137
(December 21, 2010); James v. New Jersey Dept. of Corrections, GRC
Complaint 2009-283 (June 29, 2010). Moving forward, please request
specific records.

14) All available BWC footage recorded by officer #9013 between 10/1/2019
and 10/18/2019 
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.

15) All available BWC footage recorded by officer #3821 between 10/1/2019
and 10/18/2019 
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.

16) All available BWC footage recorded by officer #3830 between 10/1/2019
and 10/18/2019 
Please note these recordings were recorded on a system which was
decommissioned in November of 2020, that notwithstanding the requirement
at the time was for these recordings to be retained for 90 days and they
are, therefore, no longer on file.

17) Any and all physical fitness and mental health test and assessment
results and diagnoses for officer #3814, which are on file. (If these
records certainly do not exist, please respond accordingly, just as you
should with anything else. Also though, if they certainly, for all we
know, *may* exist but, for one reason or another, might not be accessible,
please feel free to let me know as well.)  

Any records which may, or may not exist, are exempt from public inspection
consistent with Executive Order No. 26.4 which exempts information
relating to medical, psychiatric or psychological history, diagnosis,
treatment or evaluation. 

Additionally , OPRA specifically exempts personnel records from public
access with limited exceptions including an "individual’s name, title,
position, salary, payroll record, length of service, date of separation
and the reason for such separation, and the amount and type of any pension
received. N.J.S.A. 47:1A-10. Because personnel records are exempt from
public access under OPRA, this portion of your request is denied.

If you have any questions or need additional information, please feel free
to contact my office at 973.972.1981.

Sincerely,

NO STAFF ASSIGNED

 

Rutgers, The State University of New Jersey

 

 

 

To monitor the progress or update this request please log into the [2]Open
Public Records Center.

References

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