Request for Incident and Arrest Reports
Dear Records Custodian,
Pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., I am formally requesting the following records:
1. Any and all incident or arrest reports involving police being called to the residence of Gina LaPlaca and Jason Carty at 10 Middleton Dr., Lumberton, NJ, from January 2016 through the present date, September 2024.
2. Any body camera footage related to these incidents, including but not limited to the weekend of October 27, 2023.
3. All information and documentation pertaining to any incidents during this period, particularly any related to the arrest of Ms. LaPlaca, which has since been expunged, and the citation and mandatory stipulations given to Mr. Carty.
4. Any incident reports, documentation, or complaints where children were present in the home at the time of police presence or any complaints made by neighbors regarding the welfare of the children at the residence during these incidents.
While I understand that certain records may be expunged, I am requesting this information for the sake of accountability and transparency. It is my understanding that body camera footage and certain reports are still available, despite the expungement of Ms. LaPlaca’s record, particularly regarding Mr. Carty’s citation and related stipulations. I would also like to emphasize the importance of releasing the body camera footage, as it was held due to the election process that took place in early November 2023. Additionally, I am seeking any information that relates to the presence or welfare of children in the home during police responses or as reported by neighbors, as there have been multiple concerns from concerned neighbors in the township.
Thank you for your time and assistance. I look forward to your prompt response.
The Township of Lumberton received your Open Public Records Act (OPRA) request on September 6, 2024. The Official Records Custodian, Bobbie Quinn, received your OPRA Request on September 6, 2024. As such, the seven (7) business day deadline to respond to your request is September 17, 2024. This response is being provided to you on the 7th business day after the custodian’s receipt of said request.
Please be advised that we are still in the process of locating, identifying and reviewing records potentially responsive to your request. Thereafter, any such responsive records will need to be reviewed and, if necessary, redacted, should any OPRA exemption and/or privilege be found to apply. As such, additional time is required to thoroughly and properly respond to your request. See, Werner v. NJ Civil Service Commission, GRC Complaint No. 2011-151 (December 2012) and Criscione v. Town of Guttenberg (Hudson), GRC Complaint No. 2010-68 (November 2010). A response will be provided to you on or before September 26, 2024.
This response is being transmitted to you via email and thank you.
Bobbie Quinn, RMC/CMR/CCC
Deputy Township Administrator/Township Clerk/Registrar of Vital Statistics/Clean Communities Coordinator
Lumberton Township Municipal Building
35 Municipal Drive
Lumberton, NJ 08048
609-267-3217, ext. 102
https://www.lumbertontwp.com
Follow and Like Our Township Facebook Page: https://www.facebook.com/profile.php?id=...
Office Hours (M-F): 8:00 am to 4:00 pm
The Township of Lumberton received your Open Public Records Act (OPRA) request on September 6, 2024. The Official Records Custodian, Bobbie Quinn, received your OPRA Request on September 6, 2024. As such, the seven (7) business day deadline to respond to your request was September 17, 2024.
A response was provided to you on the 7th business day after the custodian’s receipt of said request. However, an additional extension to on or before September 26, 2024, was required, and therefore, the final response to your OPRA Request is being provided today, September, 24, 2024.
Please note the following:
Redactions have been made in accordance with N.J.S.A.47:1A:1-1. Moreover, provisions of (OPRA) shall not abrogate any exemption of a public record or government record from public access heretofore made pursuant to (OPRA); any other statute; resolution of either both Houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law; federal regulation; or federal order. N.J.S.A. 47:1A-9(a); see also VanBree v. Bridgewater Twp. Police Dept. (Somerset), GRC Complaint No. 2104-122 (October 2104), N.J.S.A. 2C:25-33 states that all Domestic Violence records pursuant to the act shall be confidential and shall not be made available to any individual.
Please be advised that a search of our files indicates that there are no Body Worn Camera files made, maintained or kept on file by the Township’s responsive to your request as the Lumberton Township Police Department is required to maintain said information for 180 days and in certain cases may be longer depending on the type of case; however, none were round relative to your request.
In accordance with the any Supreme Court Order granting automatic expungements pursuant to N.J.S.A.. 2C:52-6 and N.J.S.A. 2C:52-6.1, an expungement order granted pursuant to N.J.S.A. 2C:52-15(a), or when a case is ordered sealed from public access at the time of sentencing/adjudication, the records that are subject of the order must be removed and/or isolated. Therefore, to the extent there are any responsive records related to this portion of this request, the request is denied.
This response is being transmitted to you via email. Pursuant to N.J.S.A. 47:1A-5.b., the total cost associated with this request is zero and thereby said OPRA Request is closed.
Please note that effective 9/3/24, revisions to OPRA were enacted…
Attached is the Revised Lumberton Township OPRA Form.
Completing an OPRA is not required; however, written or email requests must include certifications as to whether requestor was ever convicted of an indictable offense, whether the request is for a commercial purpose and whether there is a pending discovery request seeking the same records.
Commercial Requests are due on or before 14 business days rather than the previously required 7 days.
Bobbie Quinn, RMC/CMR/CCC
Deputy Township Administrator/Township Clerk/Registrar of Vital Statistics/Clean Communities Coordinator
Lumberton Township Municipal Building
35 Municipal Drive
Lumberton, NJ 08048
609-267-3217, ext. 102
https://www.lumbertontwp.com
Follow and Like Our Township Facebook Page: https://www.facebook.com/profile.php?id=...
Office Hours (M-F): 8:00 am to 4:00 pm
Dear Bobbie Quinn,
I would like to express my gratitude for your assistance in providing the records in response to my recent OPRA request. I appreciate your efforts and professionalism in handling this matter.
However, I must address a concern regarding a specific record that appears to have been omitted. I am in possession of a record involving an incident where Ms. LaPlaca used a hammer as a weapon to regain control of her cell phone from Mr. Carty, who had withheld it due to an argument of whom she was communicating with, allegedly a subordinate police officer in the town where she serves as Business Administrator. This record also contains communications between Ms. LaPlaca and other subordinates, with whom she allegedly engaged in inappropriate relationships. Given the relevance of this document to my request, I would like to understand why it was not included.
It has come to the attention of the town and employees that Ms. LaPlaca is using her influence as a municipal official in Neptune Township to suppress or withhold certain records pertaining to her conduct, including her relationships with subordinates, the DPW director, a committeeman who has since resigned, and two police officers. These matters, in particular, are connected to the record in question, which I would expect to be part of the documentation. Please be advised that this information, along with all OPRA requests to Neptune Township OPRAmachine and municipal clerk, Gabriella Siboni, have been forwarded to the AG's office for further investigation due to concerns regarding Ms. LaPlaca's abuse of power and inappropriate relationships. These actions raise serious concerns about her conduct, and the record in question directly pertains to these matters. Your township should take a closer look into these charges, as well as all documented materials on OPRAmachine pertaining to her name, as she sits as a committeewoman with concerning behavior to those who work beside her and as her subordinates.
I would appreciate clarification on why this particular record was excluded and respectfully request that all responsive records be released in compliance with the Open Public Records Act.
Thank you for your attention to this matter. I look forward to your prompt response.
Sincerely,
John Klein
The Township of Lumberton received your Open Public Records Act (OPRA) request on October 8, 2024. The Official Records Custodian, Bobbie Quinn, received your OPRA Request on October 8, 2024. As such, the seven (7) business day deadline to respond to your request is October 18, 2024. This response is being provided to you on the 1st business day after the custodian’s receipt of said request.
The following is responsive to your request:
In accordance with the any Supreme Court Order granting automatic expungements pursuant to N.J.S.A.. 2C:52-6 and N.J.S.A. 2C:52-6.1, an expungement order granted pursuant to N.J.S.A. 2C:52-15(a), or when a case is ordered sealed from public access at the time of sentencing/adjudication, the records that are subject of the order must be removed and/or isolated. Therefore, to the extent there are any responsive records, your request was denied.
This response is being transmitted to you via email. Pursuant to N.J.S.A. 47:1A-5.b., the total cost associated with this request is zero.
Said OPRA Request is closed.
Bobbie Quinn, RMC/CMR/CCC
Deputy Township Administrator/Township Clerk/Registrar of Vital Statistics/Clean Communities Coordinator
Lumberton Township Municipal Building
35 Municipal Drive
Lumberton, NJ 08048
609-267-3217, ext. 102
https://www.lumbertontwp.com
Follow and Like Our Township Facebook Page: https://www.facebook.com/profile.php?id=...
Office Hours (M-F): 8:00 am to 4:00 pm
Dear Bobbie Quinn,
Can you please confirm if this domestic dispute was expunged for both parties involved, Ms. Gina LaPlaca and Mr. Jason Carty, or just Ms. LaPlaca.
Thank you for the clarification.
Yours sincerely,
John Klein
Good Morning!
Please be advised that I cannot answer the below; but, I have copied our Township Solicitor on same.
Thank you!
Bobbie Quinn, RMC/CMR/CCC
Deputy Township Administrator/Township Clerk/Registrar of Vital Statistics/Clean Communities Coordinator
Lumberton Township Municipal Building
35 Municipal Drive
Lumberton, NJ 08048
609-267-3217, ext. 102
https://www.lumbertontwp.com
Follow and Like Our Township Facebook Page: https://www.facebook.com/profile.php?id=...
Office Hours (M-F): 8:00 am to 4:00 pm
Good morning Mr. Klien,
Please be advised this request seeks information or asks questions and does not identify specific government records. As such, your request is an invalid request under OPRA. When a request 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). Custodians are not required to conduct research or create new records in response to an OPRA request.
Thank you for your time and attention to this matter.
Best,
Margaret E. McHugh
Attorney at Law
E: [email address]
O: 856-424-1808
F: 856-424-2032
W: www.MalamutLaw.com
This message and attachment(s) are intended solely for use by the addressee and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If you are not the intended recipient or agent thereof responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone and with a 'reply' message. Thank you for your cooperation.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.