Special Forms of Summons and Complaints, Enforcement of Certain Codes (20230521-1.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.
BACKGROUND:
I am interested in sampling the charges that are being brought by East Newark officers when they issue complaints for non-indictable offenses made on the Special Form of Complaint and Summons (See NJ Court Rules R.3:2-2.). I am also interested in learning whether the Borough is enforcing its preempted Loitering and Disorderly Conduct.
RECORDS REQUESTED:
1. The five most recent "Special Forms of Complaint and Summons" issued by Officer Michael O'Donnell.
2. The five most recent "Special Forms of Complaint and Summons" issued by Officer Billy Erezuma.
3. The five most recent "Special Forms of Complaint and Summons" issued by Officer Junior Fiori.
4. The five most recent "Special Forms of Complaint and Summons" issued by Officer Brian Aparicio.
5. The most recent three CDR-1, CDR-2, Special Forms or other forms of complaint that cited violations of § 3-3, Loitering. I am interested only in complaints that were issued on or after December 1, 2021.
6. The most recent three CDR-1, CDR-2, Special Forms or other forms of complaint that cited violations of § 3-18.1, Disorderly Conduct. I am interested only in complaints that were issued on or after December 1, 2021.
John Paff left an annotation ()
I wrote to the Borough:
Subject Overdue OPRA requests for Borough of East Newark
June 22, 2023
Hon. Rose M. Evaristo, Chair
East Newark Borough Council
via e-mail only
Michael Cifelli, Attorney
Borough of East Newark
via e-mail only
Dear Ms. Evaristo and Mr. Cifelli:
Please find attached a screenshot of my Open Public Records Act (OPRA) request, which I submitted through OPRAMachine on May 21, 2023. I noticed that OPRAMachine has marked it as "long overdue" today, prompting me to reach out to you.
Upon reviewing OPRAMachine, I confirmed that the email address used for the Borough is [Email], which appears to be the current address. I also examined the requests made by other individuals (click [LINK] for those), and it seems that almost all of them are marked as "Long Overdue."
My concern stems from the potential consequences East Newark taxpayhers may face if they fail to respond to OPRA requests in a timely manner, as outlined in N.J.S.A. 47:1A-6. According to this statute, if a requestor is successful in their complaint, they are entitled to reasonable attorney's fees.
I kindly request that you investigate this matter. Under the Government Records Council's recently adopted N.J.A.C. 5:105-2.1(a), my lawyer or I must submit our denial of access complaint "within 60-calendar days following the expiration of [OPRA's] seven-business-day period." Since my request was made on May 21, 2023, I believe that my complaint must be filed no later than July 28, 2023.
Thank you for your attention to this issue.