Settlement Agreement, Section 10 information and internal affairs reports. (20230515-3)
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 Jessenia Levy v. City of Clifton, et al, Docket No. PAS-L-002078-18.
2. For Darren Brodie his "name, title, position, most recent annual salary, length of service, date of separation and the reason therefor." (See N.J.S.A. 47:1A-10).
3. Any internal affairs investigation reports regarding Brodie's alleged conduct on or about March 8, 2018 at the Policeman’s Benevolent Association convention in Atlantic City, as alleged in Levy's complaint. According to Paragraph 10 of Levy's civil complaint, Brodie's alleged conduct caused him to be "placed on leave or suspended with pay." This would suggest that an Internal Affairs investigation was conducted. I believe there is a very strong public interest in disclosure of the records requested and the factors in Rivera v. Union County Prosecutor’s Office, 250 N.J. 124 (2022) weigh in favor of access. The IA report would relate to discrimination or bias, domestic or sexual violence (factor 1) and Brodie was a lieutenant at the time (factor 4). Also, factors 2, 3 and 5 could also weigh in favor of disclosure, but the facts concerning those factors cannot be possibly known to me.
Good afternoon Mr. Paff,
The City is in receipt of your records request for the settlement
agreement/ release regarding the lawsuit Levy v. Clifton and the internal
affairs report that relates to the allegations in the Complaint. We
respectfully request a 2 week extension as the release is still being
prepared by outside counsel and we also need additional time to review the
IA files. Please advise if we have your consent for a 2 week extension.
Thank you for your consideration in this matter. Should you have any
questions, please do not hesitate to contact me. Thank you.
Scott J. DeRosa, Esq.
Assistant Municipal Attorney
City of Clifton
900 Clifton Avenue
Clifton, NJ 07013
Tel: 973-470-5817
F: (973) 470-5254
[1]cid:image001.png@01D9421D.0F7C00D0
This e-mail (including all attachments) is intended for the exclusive use
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or agent responsible for delivering the message to the intended recipient,
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Good afternoon Mr. Paff,
I am just following up on the request for a 2 week extension since our
response is due tomorrow. Please let me know as soon as you can.
Thanks,
Scott
Scott J. DeRosa, Esq.
Assistant Municipal Attorney
City of Clifton
900 Clifton Avenue
Clifton, NJ 07013
Tel: 973-470-5817
F: (973) 470-5254
[1]cid:image001.png@01D9421D.0F7C00D0
From: DeRosa, Scott
Sent: Monday, May 22, 2023 3:07 PM
To: [OPRA #42696 email]
Cc: Patel, Heeral <[email address]>; Liss, Ron <[email address]>
Subject: OPRA 591
Good afternoon Mr. Paff,
The City is in receipt of your records request for the settlement
agreement/ release regarding the lawsuit Levy v. Clifton and the internal
affairs report that relates to the allegations in the Complaint. We
respectfully request a 2 week extension as the release is still being
prepared by outside counsel and we also need additional time to review the
IA files. Please advise if we have your consent for a 2 week extension.
Thank you for your consideration in this matter. Should you have any
questions, please do not hesitate to contact me. Thank you.
Scott J. DeRosa, Esq.
Assistant Municipal Attorney
City of Clifton
900 Clifton Avenue
Clifton, NJ 07013
Tel: 973-470-5817
F: (973) 470-5254
[2]cid:image001.png@01D9421D.0F7C00D0
This e-mail (including all attachments) is intended for the exclusive use
of the individual to whom it is addressed. This e-mail may be
proprietary,confidential, privileged and exempt from disclosure under
applicable law. If the reader of this e-mail is not the intended recipient
or agent responsible for delivering the message to the intended recipient,
the reader is hereby put on notice that any use, dissemination,
distribution or copying of this communication or any of its contents is
strictly prohibited. If you have received this communication in error,
please immediately notify the sender by telephone or e-mail and delete the
original e-mail and all copies of it from your computer system.
References
Visible links
Good afternoon Mr. Paff,
As per my voicemail, I am just following up on our request for a 2 week
extension to 6/7. Please advise. Thank you for your consideration.
-Scott
Scott J. DeRosa, Esq.
Assistant Municipal Attorney
City of Clifton
900 Clifton Avenue
Clifton, NJ 07013
Tel: 973-470-5817
F: (973) 470-5254
[1]cid:image001.png@01D9421D.0F7C00D0
From: DeRosa, Scott
Sent: Tuesday, May 23, 2023 4:04 PM
To: [OPRA #42696 email]
Cc: Patel, Heeral <[email address]>; Liss, Ron <[email address]>
Subject: RE: OPRA 591
Good afternoon Mr. Paff,
I am just following up on the request for a 2 week extension since our
response is due tomorrow. Please let me know as soon as you can.
Thanks,
Scott
Scott J. DeRosa, Esq.
Assistant Municipal Attorney
City of Clifton
900 Clifton Avenue
Clifton, NJ 07013
Tel: 973-470-5817
F: (973) 470-5254
[2]cid:image001.png@01D9421D.0F7C00D0
From: DeRosa, Scott
Sent: Monday, May 22, 2023 3:07 PM
To: [3][OPRA #42696 email]
Cc: Patel, Heeral <[4][email address]>; Liss, Ron
<[5][email address]>
Subject: OPRA 591
Good afternoon Mr. Paff,
The City is in receipt of your records request for the settlement
agreement/ release regarding the lawsuit Levy v. Clifton and the internal
affairs report that relates to the allegations in the Complaint. We
respectfully request a 2 week extension as the release is still being
prepared by outside counsel and we also need additional time to review the
IA files. Please advise if we have your consent for a 2 week extension.
Thank you for your consideration in this matter. Should you have any
questions, please do not hesitate to contact me. Thank you.
Scott J. DeRosa, Esq.
Assistant Municipal Attorney
City of Clifton
900 Clifton Avenue
Clifton, NJ 07013
Tel: 973-470-5817
F: (973) 470-5254
[6]cid:image001.png@01D9421D.0F7C00D0
This e-mail (including all attachments) is intended for the exclusive use
of the individual to whom it is addressed. This e-mail may be
proprietary,confidential, privileged and exempt from disclosure under
applicable law. If the reader of this e-mail is not the intended recipient
or agent responsible for delivering the message to the intended recipient,
the reader is hereby put on notice that any use, dissemination,
distribution or copying of this communication or any of its contents is
strictly prohibited. If you have received this communication in error,
please immediately notify the sender by telephone or e-mail and delete the
original e-mail and all copies of it from your computer system.
References
Visible links
3. mailto:[OPRA #42696 email]
4. mailto:[email address]
5. mailto:[email address]
Dear Mr. DeRosa:
Sorry for the delay. An extension until June 7th is fine.
Thank you.
Yours sincerely,
John Paff
Mr. Paff,
Thank you for consenting to an extension to June 7th.
Scott J. DeRosa, Esq.
Assistant Municipal Attorney
City of Clifton
900 Clifton Avenue
Clifton, NJ 07013
Tel: 973-470-5817
F: (973) 470-5254
Mr. Paff,
Enclosed please find the settlement agreement regarding Levy v. Clifton, the personnel information requested for Darren Brodie, and the requested internal affairs report.
Thank you for your consideration and have a great day.
Scott J. DeRosa, Esq.
Assistant Municipal Attorney
City of Clifton
900 Clifton Avenue
Clifton, NJ 07013
Tel: 973-470-5817
F: (973) 470-5254