Dear Absecon City,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

VIA ELECTRONIC DELIVERY

RE: NEW JERSEY OPEN PUBLIC RECORDS ACT REQUEST
Class II Special Officers and Class 3 — Paid Leave, Employment Records, Political Activity, Advertising and Uniform/Agency Representation

Pursuant to the New Jersey Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq., I hereby request access to and copies of public records concerning Absecon Police Department Class II Special Officers and Class 3, for the last three years or service with the Absecon Police Department through the date this request is fulfilled.

This request is intended to obtain existing public records. It does not seek the creation of a new record, compilation, analysis, or response to questions. Where a requested record exists in electronic form, please provide it electronically in the format in which it is maintained, where reasonably available.

I. PAID LEAVE, PTO AND COMPENSATED TIME

Please provide records sufficient to establish the following for Absecon Class II and Class 3 Special Officers

1. All paid leave allotted, accrued, earned, credited, or otherwise made available, including but not limited to:
* vacation leave;
* personal leave;
* sick leave;
* PTO;
* compensatory time;
* administrative leave;
* holiday leave or holiday compensation;
* paid training leave; and
* any other form of paid leave or compensated absence.
2. Records reflecting leave actually requested, approved, taken, or used, including, to the extent maintained:
* date;
* type of leave;
* number of hours or days;
* approval status;
* approving authority; and
* any stated reason or designation associated with the leave.
3. Records reflecting current and/or year-end leave balances, including:
* accrued balances;
* available balances;
* carryover amounts;
* forfeited or expired leave;
* donated or transferred leave;
* leave adjustments;
* cash-outs or payouts; and
* any other compensation provided in lieu of unused leave.
4. All policies, ordinances, resolutions, collective bargaining agreements, employment agreements, personnel directives, memoranda, rules, procedures, or other records governing the accrual, allotment, authorization, approval, use, carryover, forfeiture, conversion, or payout of paid leave applicable to Special Officers during the requested period.
5. Records sufficient to identify any special exception, deviation, adjustment, or discretionary authorization concerning the paid leave of the officers, including records reflecting who authorized or approved such exception or adjustment.

II. POLITICAL ACTIVITY AND POLITICAL PARTICIPATION

Please provide all policies, procedures, directives, general orders, memoranda, legal opinions, training materials, advisories, or other records currently in effect, or in effect during the requested period, governing or addressing political activity by Absecon Police Department personnel and/or Class II Special Officers and class 3 whether conducted on duty or off duty.

This request specifically includes records addressing:

* political endorsements;
* campaigning;
* participation in political events;
* political fundraising;
* political advertising;
* political appearances;
* political communications;
* use of an employee’s official title or law-enforcement affiliation;
* use of departmental credentials, insignia, equipment, vehicles, uniforms, or other agency property;
* political activity on social media; including any attacks on local public officials or school board members
* political statements or endorsements made while identifying oneself as an Absecon Police Officer;
* restrictions on representing oneself as speaking on behalf of the Absecon Police Department;
* approval requirements for political activity;
* conflicts between outside activities and an officer’s official duties; and
* any distinction in these rules between regular police officers and Class II Special Officers.

III. ADVERTISING, COMMERCIAL ACTIVITY AND USE OF POLICE AFFILIATION

Please provide all policies, procedures, directives, memoranda, rules, agreements, approvals, or other records governing whether a Special Officer may participate in, appear in, endorse, promote, advertise, or otherwise associate themselves with a private company, business, nonprofit organization, political organization, or other outside entity while identifying themselves as an Absecon Police Officer or Class II Special Officer and when referring to the company were organization uses the reference of “WE” in the advertisement.

This request specifically includes records concerning:

1. Participation in commercials, advertisements, promotional videos, social-media advertisements, endorsements, marketing campaigns, or promotional events while wearing an Absecon Police uniform or otherwise appearing to be acting in an official law-enforcement capacity;
2. Use of the officer’s official title, rank, position, badge, uniform, department name, department insignia, photograph, or other indication of official affiliation in connection with an outside business or organization;
3. Any requirement for prior approval, written authorization, disclosure, disclaimer, or departmental review before engaging in such activity;
4. Any restrictions concerning an officer identifying themselves as an active Absecon Police Officer or Special Officer while promoting, endorsing, advertising, or appearing on behalf of an outside company or organization;
5. Any rules concerning statements made in the first person or on behalf of an organization, including statements using terms such as “we,” “our department,” “our officers,” or similar language that could reasonably suggest that the officer is speaking on behalf of, or with the endorsement of, the Absecon Police Department; or that the officer is connected to that company we organization.
6. Records concerning whether an officer may use their status as an active law-enforcement officer to promote the credibility, reputation, products, services, or interests of a private company or organization;
7. Any records concerning outside employment, secondary employment, endorsements, sponsorships, promotional appearances, or commercial activities by Special Officers; and
8. Any records reflecting actual approvals, denials, waivers, exceptions, complaints, investigations, directives, or determinations concerning such activities by a special officer during the requested period.
9. Any authorization for outside employment by the special officers.

IV. RECORDS CONCERNING APPROVALS, EXCEPTIONS OR ENFORCEMENT

To the extent maintained, please provide records sufficient to identify any instance during the requested period in which special officers:

* requested authorization for outside employment, political activity, advertising, promotional activity, or similar conduct;
* received approval or authorization;
* was denied approval or authorization;
* was instructed concerning the permitted or prohibited nature of such activity;
* received a waiver or exception to an otherwise applicable policy;
* was the subject of a complaint or administrative inquiry concerning such activity; or
* was otherwise advised, directed, counseled, or disciplined concerning compliance with departmental policies governing political, commercial, promotional, or outside activity.

V. REQUEST FOR PARTIAL DISCLOSURE AND REDACTION

If any responsive record contains information that the custodian contends is exempt from disclosure under OPRA or another applicable law, please do not withhold the entire record.

Pursuant to OPRA’s requirement for disclosure of non-exempt portions of otherwise responsive records, please redact only the specific information legally exempt from disclosure and produce the remainder of the record.

For every redaction or withholding, please identify the specific statutory or legal basis relied upon for the redaction or withholding, consistent with the requirements of OPRA.

VI. SEARCH AND PRODUCTION

Please conduct a reasonable search of all agency records reasonably likely to contain responsive information, including, where applicable, personnel records, payroll records, leave-management records, electronic records, departmental directives, memoranda, policy files, administrative records, and other records maintained by the appropriate custodians.

Electronic copies are requested wherever reasonably available.

If the agency determines that any portion of this request requires clarification, please identify the specific portion requiring clarification rather than rejecting or otherwise denying the request in its entirety.

If no responsive records exist for any particular category above, please affirmatively state that no responsive records were located for that category.

This request is made pursuant to N.J.S.A. 47:1A-1 et seq., and I expect the request to be processed and responded to within the time period required by OPRA.

Thank you for your prompt attention to this matter.

Respectfully,

Mr. A. Whol

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

Mr. A. Whol