Dear Jersey 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-6(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 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 seeking records in connection with a legal proceeding.

Records requested:

Nicole Gorter
2 Gamba Court
North Haledon, NJ 07508

October 7, 2024

Custodian Contact Information Division of Criminal Justice Records Custodian
PO Box 085
25 Market Street - 5th Floor West
Trenton, NJ 08625-0085

RE: Appeal to Denial of OPRA Request – Request for Public Records

Dear Division of Criminal Justice Records Custodian,

I am writing to formally appeal the denial of my Open Public Records Act (OPRA) request dated September 7, 2024, which was denied by your office on September 17, 2024. My request sought the following records:

I requested my arrest report 9/1/2024 around 8:30 pm I am requesting the unedited body cam footage of my arrest on 9/1/2024 around 8:30 pm from officer G. Full badge number 3521 & officer C. Fontanez 3273 and the body cam footage of every officer involved in the incident including Sargent O. Badaw. I am also requesting the police car footage being transported to and from the hospitals twice. I am also requesting the bond company information of every officer involved. Without prejudice UCC 1-308

In your response, you stated that my request was denied on the grounds of Your request for government records (# W222950) from the Division of Criminal Justice has been reviewed and has been Denied Closed. Detailed information as to the availability of the documents you requested appear below and on following pages as necessary. After reviewing the relevant provisions of the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), I believe that this denial was improper. Under OPRA, I am entitled to access these public records, as the law ensures transparency and accountability in government operations.

The records I have requested are of significant public interest and should be made available in accordance with the OPRA statute. I would like to point out that under OPRA, a public agency must grant access to records unless a specific exemption applies, and I respectfully assert that the exemption cited in your denial does not apply to my request. Additionally, the federal Freedom of Information Act (FOIA) guarantees access to federal records in a manner consistent with OPRA’s principles of transparency.

I am requesting that your office reconsider my request and provide the requested records as required under the law. Please be reminded that if my appeal is not resolved in a timely and appropriate manner, I may exercise my right to file a complaint with the Government Records Council (GRC) or pursue legal action in the Superior Court of New Jersey to enforce compliance with OPRA.

I look forward to your timely response to this appeal, as required by N.J.S.A. 47:1A-5(i). Please do not hesitate to contact me should you require further clarification or additional information.

Thank you for your attention to this matter.

Sincerely,
Nicole Gorter
Without prejudice UCC 1-308

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,

Nicole Gorter
Without Prejudice UCC 1-308

Dear Jersey City,

Please pass this on to the person who conducts Open Public Records Act reviews.

I am writing to request an internal review of Jersey City's handling of my OPRA request 'Unedited Body Cam footage & police transport footage denial response via Freedom Act Entitlement to information requested.'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

On September 7, 2024, I submitted an OPRA request directly to the Jersey City Police Department requesting:

My arrest report from 9/1/2024
Unedited body cam and dash cam footage from my arrest
Footage from transport to/from the hospital, including when I was injured
Names and badge numbers of all involved officers to obtain all bond information

Instead of fulfilling the request, Jersey City improperly forwarded it to the Division of Criminal Justice, which denied it on the basis that they were not the investigating agency. Jersey City, however, was the arresting agency and should have processed the request under OPRA. Their failure to do so constitutes a constructive denial of access.

Requested Remedy:

I am requesting that the GRC compel the Jersey City Police Department to provide a full response and release of the records I requested.

Sincerely,

Nicole Gorter

A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/unedited...

Yours faithfully,

Nicole Gorter