Special Forms of Summons/Complaint (20220829-3)
Dear Ms. Pinto:
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:
As you are aware, I recently sent the Mayor and Council a request to repeal Runnemede Code § 265-5 due to it being preempted by state law. The request was prompted by the Borough's recent response to my OPRA request which disclosed seven "Special Forms of Complaint and Summons" issued for Code § 265-5 violations.
The object of the present request is to ask for the same seven "Special Forms" so that I can hopefully obtain more legible versions of them along with more information not included in your original response. There are three issues:
1. The versions of the Special Forms provided are of very poor quality and difficult to read.
2. A September 17, 2009 "Notice to the Bar" (on-line at link below), states on page 5 that "It is very important to fill in the “OFFICER'S COMMENTS” section provided on the back of the officer's pink copy of this Special Form. Use this space to describe briefly the circumstances of the offense. There are always one or more relevant comments, which the officer should note. Include every fact which will assist you in testifying." Having this information would help me understand the circumstances that gave rise to the violation being issued.
Link: https://drive.google.com/file/d/14O4Ycki...
3. I am not sure why Runnemede chose to redact the defendants' addresses from the Special Forms. Under the common law right of access, I have a need for the addresses because I would like to contact each of the defendants with my view that Code § 265-5 is invalid and invite them to get legal counsel to help them contest the charges in court. I cannot do that, however, unless I have the defendants' addresses. Does Runnemede have “a colorable claim that public access to the [home addresses of defendants who have been issued a Special Form of Complaint] would invade [the defendants'] objectively reasonable expectation of privacy"? See, e.g., Bozzi v. City of Jersey City, 248 N.J. 274, 285 (2021).
RECORDS REQUESTED:
A. The following Special Forms: 0430-SC-12517, 12507, 12505, 12761, 12491, 12748 and 12747. If possible, please make them more readable than the ones previously disclosed and please consider my request for the defendants' addresses set forth in No. 3 above.
B. For each Special Form set forth in A above, please provide the "Officers Comments" described in No. 2 above.
C. For each Special Form set forth in A above, please provide the police incident report arising out of the same occurrence.
Mr. Paff:
I am in receipt of your request dated August 29, 2022. The Borough of Runnemede’s response is as follows:
A. Responsive records are attached without the addresses redacted. After consulting with our legal counsel, the Borough is satisfied that you have a sufficient interest pursuant to the Common Law Right of Access. The redaction log previously provided still applies for these records, except for the addresses which are now unredacted. We cannot make them any more legible because they are hand written and needed to be scanned in.
B. No responsive records exist.
C. See attached reports with a redaction log included.
JOYCE PINTO, RMC/CTC/CMR
Borough of Runnemede
24 N. Black Horse Pike
Runnemede, NJ 08078
856-939-5161 EX 1006
856-939-0202
[Runnemede Borough request email]
Dear Ms. Pinto:
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:
As you are aware, I recently sent the Mayor and Council a request to repeal Runnemede Code § 265-5 due to it being preempted by state law. The request was prompted by the Borough's recent response to my OPRA request which disclosed seven "Special Forms of Complaint and Summons" issued for Code § 265-5 violations.
The object of the present request is to ask for the same seven "Special Forms" so that I can hopefully obtain more legible versions of them along with more information not included in your original response. There are three issues:
1. The versions of the Special Forms provided are of very poor quality and difficult to read.
2. A September 17, 2009 "Notice to the Bar" (on-line at link below), states on page 5 that "It is very important to fill in the “OFFICER'S COMMENTS” section provided on the back of the officer's pink copy of this Special Form. Use this space to describe briefly the circumstances of the offense. There are always one or more relevant comments, which the officer should note. Include every fact which will assist you in testifying." Having this information would help me understand the circumstances that gave rise to the violation being issued.
Link: https://drive.google.com/file/d/14O4Ycki...
3. I am not sure why Runnemede chose to redact the defendants' addresses from the Special Forms. Under the common law right of access, I have a need for the addresses because I would like to contact each of the defendants with my view that Code § 265-5 is invalid and invite them to get legal counsel to help them contest the charges in court. I cannot do that, however, unless I have the defendants' addresses. Does Runnemede have “a colorable claim that public access to the [home addresses of defendants who have been issued a Special Form of Complaint] would invade [the defendants'] objectively reasonable expectation of privacy"? See, e.g., Bozzi v. City of Jersey City, 248 N.J. 274, 285 (2021).
RECORDS REQUESTED:
A. The following Special Forms: 0430-SC-12517, 12507, 12505, 12761, 12491, 12748 and 12747. If possible, please make them more readable than the ones previously disclosed and please consider my request for the defendants' addresses set forth in No. 3 above.
B. For each Special Form set forth in A above, please provide the "Officers Comments" described in No. 2 above.
C. For each Special Form set forth in A above, please provide the police incident report arising out of the same occurrence.
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