Settlement Agreement, police reports and criminal complaints (20230427-4.txt)
Please accept this as my request for government records under both OPRA and the common law right of access. Thank you very much for your commitment to transparent government.
RECORDS REQUESTED:
1. Settlement Agreement or Release that resolved Richard Webster v. Township of Montclair, et al, Federal Case No. 2:21-cv-20493.
2. Police incident reports regarding the November 12, 2019 interaction between Richard Webster and Montclair officers in the vicinity of 30 Park Street (i.e. the incident the formed the basis of Mr. Webster's lawsuit.)
3. Arrest reports of the same incident.
4. Use of Force Reports of the same incident.
5. All CDR-1, CDR-2 and other forms of complaint issued against Richard Webster in connection with the stated incident.
Good afternoon Mr. Paff,
Your OPRA Request received on Thursday, April 27, 2023, at 10:52AM sought
records for the following:
1. Settlement Agreement or Release that resolved Richard Webster v.
Township of Montclair, et. al, Federal Case No. 2:21-cv-20493. (see
attachment)
2. Police Incident Reports regarding the November 12, 2019, interaction
between Richard Webster and Montclair Officers in the vicinity of 30
Park Street (i.e., the incident the formed the basis of Mr. Webster’s
lawsuit.)
3. Arrest reports of the same incident.
4. Use of Force Reports of the same incident.
5. All CDR-1, CDR-2 and other forms of complaint issued against Richard
Webster in connection with the stated incident.
Request numbers 2 through 5 will be responded to via Montclair Police
Department Records Bureau.
Your Open Public Records Act and Common Law Request 1 of 5 is closed for
documents pertaining to the Law Department.
Thank you,
Bridget M. Barney
Deputy Township Clerk
Township of Montclair
205 Claremont Avenue
Montclair, NJ 07042
Phone: 973-509-4903
Email: [email address]
Good afternoon, John Paff,
The Montclair Police Department, Records & ID Bureau received your Open
Public Records Act (OPRA) request on May 1, 2023. The official Records
Custodian, Township of Montclair Clerk’s Office, received your OPRA
request on April 27, 2023. As such, the seven (7) business day deadline
to respond to your request is May 10, 2023. This response to your request
is being provided to you on the 5^th business day after the Montclair
Police Department, Records & ID Bureau receipt of said request.
Your OPRA request sought access to the following from the Montclair Police
Department Records and Identification Bureau:
1. Police incident reports regarding the November 12, 2019 interaction
between Richard Webster and Montclair officers in the vicinity of 30
Park Street (i.e. the incident the formed the basis of Mr. Webster’s
lawsuit.)
2. Arrest reports of the same incident.
3. Use of Force Reports of the same incident.
4. All CDR-1, CDR-2 and other forms of complaint issued against Richard
Webster in connection with the stated incident.
The following Montclair Police Department records are being provided in
partial and are responsive to your request.
1. Montclair Police Department incident report.
2. Arrest report.
3. No Use of Force report record found.
4. CDR-1 against Richard Webster
Below identifies the legal basis for each denial/redaction, as is required
by N.J.S.A. 47:1A-6.
• N.J.S.A. 47:1A-1.1
• N.J.S.A. 47:1A-3.b
• N.J.S.A. 47:1A-9
These records are being transmitted to you via email, as per your
request. Pursuant to N.J.S.A. 47:1A-5.b.
Good afternoon OPRA Responses,
Please mark this OPRA request closed and complete of Montclair Police
Department records only.
Regards,
Lynnette Rivera
Principal Clerk
Records and Identification Bureau
Montclair Police Department
Dear Ms. Barney:
As you will recall, on April 27, 2023 I submitted an OPRA request for, among other records, "Settlement Agreement or Release that resolved Richard Webster v. Township of Montclair, et. al, Federal Case No. 2:21-cv-20493." In response to that part of my request, you provided a note from Interim Township Attorney Paul J. Burr, Esq. that stated: "After conducting a search for the settlement agreement in the law department, we do not have a copy of the agreement."
As an initial matter, the lawsuit was settled. If Mr. Burr's Pacer account will show that the court was notified in early January that the case settled. (See, Document 26) and that a stipulation of dismissal was filed on March 14, 2023 (See, Document 28).
I would fully expect that the law department would not have a copy of the settlement agreement. Rather, the settlement agreement would be most likely on file with the Township's insurer and/or the attorney, Alan J. Baratz of the Weiner Law Group, who defended the Township and its police officers.
Please be advised that the Township's duty to disclose settlement agreements and releases is not limited to disclosing those that are in the Township's offices. You are also required to disclose settlement agreements and releases that are maintained on the municipality’s behalf by third parties such as an insurer or outside legal counsel. See Burnett v. Gloucester County, 415 N.J.Super. 506, 517 (App. Div. 2010).
Would you please share this message with Mr. Burr and that one of you ask Mr. Baratz or the Township's insurer for the settlement agreement or release and the forward the record to me.
Thank you for your attention to this matter.
Good afternoon Mr. Paff,
Your email below has been forwarded to the Law Department for review.
Best Regards,
Bridget M. Barney
Deputy Township Clerk
Township of Montclair
Good morning Mr. Paff,
Please see the attached file provided by the Law Department in connection
with your submitted OPRA for Settlement of Webster v. Montclair.
Your OPRA is now closed. -Thank you.
Bridget M. Barney
Deputy Township Clerk
Township of Montclair
From: Paul Burr <[email address]>
Sent: Wednesday, May 24, 2023 1:48 PM
To: Bridget Barney <[email address]>
Cc: Angelese Bermudez Nieves <[email address]>; Gina DeVito
<[email address]>
Subject: RE: OM-Paff-04.29.23: OPRA request - Settlement Agreement, Police
Reports and Criminal Complaints
Good afternoon, Ms. Barney,
We have reviewed the law and consistent with caselaw, kindly find the
General Release with redactions to the address of the plaintiff and
attached hereto for release to Mr. Paff. Please feel free to contact me if
you have any questions.
Regards,
Paul J. Burr, Esq.
Interim Township Attorney
Township of Montclair
205 Claremont Ave.
Montclair, NJ 07042
T-(973) 509-4934
E – [1][email address]
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the designated recipient(s) named above. Any unauthorized review,
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prohibited.
John Paff left an annotation ()
Richard Webster received $5,250 as settlement for his federal lawsuit against the Township of Montclair (see, Federal Case No. 2:21-cv-20493). The version of facts as set forth in the lawsuit differs substantially from the version contained within the police report.
Link to lawsuit: https://drive.google.com/file/d/1bjuAKhy...
John Paff left an annotation ()
On November 12, 2021, Mr. Webster filed a civil rights lawsuit action against the Township of Montclair and four of its police officers. The lawsuit is at the link below. On February 3, 2023, the Mr. Webster agreed to dismiss his lawsuit in exchange for a $5,250 payment. The release was attached to the Township's May 26, 2023 OPRA response.
drive.google.com/file/d/1ruDAQqJpCK_cxenOjXXJtSSWGtWwEzM6/view?usp=drive_link