Settlement of Disciplinary Charges
Dear Mountainside Borough,
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:
The settlement agreements (the "Disciplinary Settlement Agreements") for plantiffs Latargia and Stinner referenced in Section 5 of the agreeemnt to settle the Complaint in New Jersey Superior Court, Union Vicinage bearing Docket number UNN-L-001695-18 settling with Plaintiffs Jeffrey Stinner, Christopher Feighner, Amy Colineri, Richard Latargia, Thomas Norton and James Urba signed by the borough on September 18, 2020.
Yours faithfully,
Nancy
Hello Nancy,
Attached is the info you requested.
Pursuant to your request, please be advised that the Borough is producing documents responsive to your request pursuant to the Common Law Right to Access with one redaction related to Internal Affairs confidential information. Pursuant to the Attorney General's Internal Affairs Policy and Procedures December 2021:
The nature and source of internal allegations, the progress of internal affairs investigations, and the resulting materials are confidential information. The contents of the internal investigation case files shall be retained in the internal affairs unit and clearly marked as confidential. The information and records of an internal investigation shall only be released under the following limited circumstances:
• If administrative charges have been brought against an officer and a hearing will be held, a copy of all discoverable materials shall be provided to the officer and the hearing officer before the hearing.
• If the subject officer, agency or governing jurisdiction has been named as a defendant in a lawsuit arising out of the specific incident covered by an internal investigation, a copy of the internal investigative reports may be released to the attorney representing the subject officer, agency or jurisdiction.
• Upon the request or at the direction of the county prosecutor or Attorney General.
• Upon a court order.
Should you have any questions or concerns, please do not hesitate to contact me or the Borough Attorney, John N. Post, Esq. at 973-228-9900.
Sue DiFrancesco
Deputy Clerk, Deputy Registrar Of Vital Statistics
Borough of Mountainside 1385 Route 22 Mountainside, NJ 07092
908-232-2400 Ext. 270
908-232-6831 Fax