CERTIFICATION OF NEPTUNE TOWNSHIP POLICE CHIEF JAMES M, HUNT IN RESPONSE TO OPEN PUBLIC RECORDS ACT (“OPRA”) REQUESTS, 1, James M, Hunt, of full age, do hereby certify as follows: 1, Lam the Chief of the Neptune Township Police Department, Monmouth County, New Jersey. 1 make this Certification in connection with the responses by the Township of Neptune (“Township”) to various OPRA requests involving an officer in my Department — Police Sergeant Philip Seidle. 2 On June 16, 2015, Set. Seidle was arrested in Asbury Park for the murder of his, ex-wife Tamara Seidle. He was arrested after a public shooting resulted in Ms, Seidle's death, 3. Since June 16, 2015, OPRA requests have been submitted to the Township, ‘Monmouth County and, upon information and belief, various other municipal law enforcement agencies that were involved with the June 16, 2015 arrest of Sgt. Seidie. 4, Pursuant to the law enforcement hierarchy of the State of New Jersey, both the County Prosecutor and Sheriff's Offices are considered superior law enforcement agencies to the ‘Township's Police Department. As such, my Department is eompelled to follow lawful orders structions from both the Prosecutor and the Sheriff's Office, With respect to the Seidle matter, my Department has been in extensive communication with the County to determine what documents may be released! by the Township in response to OPRA requests. 6. Inthis regard, the Prosecutor's Office informed us that there are ongoing criminal and internal affairs investigations relative to the June 16, 2015 shooting, 7. Based upon information shared with us by the Monmouth County Prosecutor's Office, itis my understanding that the Prosecutor's Office has refiised to produce policedocuments reflecting domestic violence allegations involving PI lip and Tamara Seidte in response to OPRA requests, In refusing to produce these documents, the Prosecutor's Office has cited to the confidentiality of said documents and asserted interests of ictims in protecting the records. 8, The Prosecutor's Office has advised my Department that production of domestic violence related police records by the Towns ‘would be improper because they are the subject of ongoing criminal and/or internal affairs investigations. 9, Lieutenant Anthony Gualario of my Department exchanged a series of emails with Jennifer Lipp, Director of Professional Responsibi -. Monmouth County Proseeutor’s Office, regarding these OPRA issues. Ms. Lipp has taken the position that no police records related to domestic violence regarding the Seidles should be produced due to confidentiality concems. Among the coneems raised by Ms. Lipp include child vietins of domestic violence in the Seidle matter having asserted their privacy rights. 10. Ina letter dated June 24, 2015. | was informed by Monmouth County. Acting. Prosecutor Christopher J. Gramiceioni that there would be an internal a investigation conducted by the County with respect to. responses by Neptune ‘Township and Asbury Park police officers to the June 16, 2015 shooting. As a result, the County bas taken the position that any documents in the Township's possession relating to the June 16 shooting are internal affairs andlor active criminal investigation files. 11. By letter dated July 6, 2015, 1 wrote a confirming letter to the Monmouth County Sheriff's Oni regarding the County's position as to 911 and Computer Aided Dispatch CAD") records. Specifically, | conlirmed with the Sherif?'s Office that they, and not my Police Department, maintain 911 and CAD records. As set forth in my letter, it would violatedirectives from Monmouth County for my Departitent to release any such records in response to OPRA requests. A true and accurate copy of the July 6, 2015 letter is attached hereto as Exhibit 12. With the assistance of the Township's uttomeys, the Township also prepared the attached list of documents which are being withheld purstunt to instructions from the Monmouth County Prosecutor and Sheriff's Office. See Exhibit B. 13. Attached as Exhibit C is @ true and accurate vopy of the June 25, 2015 letter from the Monmouth County Prosecutor's Office to Melissa Roberts of News 12. in which the County ‘refused to produce “criminal inyestivatory records and records wherein individuals have asserted ‘a privacy interest” related to Philip and Tamara Seidle, 14. Attached as Exhibit D is a true and accurate copy of the une 25, 2015 letter from ‘the Monmouth County Prosecutor's Oftice to Stephanie Solis of Gannett, NJ, in which the ‘County refused to produce iminal investigatory files” related to Philip and ‘Tamara Seidle, 15. Attached as Exhibit & isa true and curate copy of the June 26, 2015 letter From the Monmouth County Prosectitor's Office to Christie Duffy of WPIX-TV. in which the County refuused to produce documents “wherein individuals have asserted u privacy interest that this office is obligated to protect" with regard to Philip and Tamara Seidle. (emphasis added) 16. Attached as Ewhibit F isa true and accurate copy of the Sune 26, 2015 letter from the Monmouth County Prosecutor's Office to Camille Cava of CNN, in which the County refused to produce documents “wherein individuals have asserted a privacy interest that this office is obligated to protect” with regard to Philip and Tamara Seidle. (emphasis added) 17. Attached as Exhibit G is a true and accurate copy of the June 26, 2015 letter from the Monmouth County Prosecutor's Office to Alex Napoliello of NI Advance Media, in whichthe County refused to produce documents “wherein individuals have asserted a privacy interest that this office is obligated to proteet” with regard 10 Philip and ‘Tamara Seidle: (emphasis added) certify that the foregoing statements made by me are true, I am aware that if any of the foregoing statements made by me are false, 1 am subject to punishment. Dated: July 8, 2015 JamEXHIBIT “A”ith Jahn, Mayor a Vito D. Gadaleta, RIM.C., .P.A, Rohe nates <3 Neptune Renee 2 any Bo fonratiesX Renard Sate RN en Houaing ner Cama Hts Pre ha Cle chao! Ban Michael Bascom, CMF'O. CTC ee Police Department hit rman Otic’ vames M. Hunt Jr omanic Dovlort tec Chief of Police July 6, 2015 VIA Email (dsommeling@mesonj.org) & U.S. Mail Dawn N. Sommeling Communication Division, 911 Coordinator Monmouth County Sheriff's Office 2500 Kozloski Road Freehold, New Jersey 07728 RE: Open Public Records Act Response Guidance: Sgt, Philip Seidle Dear Ms, Sommeling: Kindly accept this letter to confirm information shared between our offices. As you are aware, Neptune Township has re fed numerous Open Public Records Act (*OPRA”) requests from media outlets with respect to Neptune Township Police Sergeant Philip Seidle. These request include 911 calls and CAD dispatch records directly related to June 8.2015, when Set Seidle was arrested for murdering his wife in Asbury Park, New Jersey. The Township has also received OPRA requests for other documents such as prior domestic violence incident reports involving Sgt. Seidle and his deceased wife Tamara. Based on prior conversations between our offices, we understand the County's position as follows: 1. The Monmouth County Sherif is the sole custodian of 911 calls and CAD dispatch records, For this reason, it would be improper for the Township to produce any such records (to the extent we can, because we do not maintain them). Any such records would be produced at the sole discretion of the County Sheriff in general, and your office in particular. 25 Neptune Boulevard Neptune New Jersey 07753, ‘Tel: 732.988-8000 Fax 732.774-0982 Web. www neptunetownship.org~ har) Jahn, Mayor ae Hto D. Gadaleta, RM.C., OPA. Pea ee 3 Neptune — °segnscare 4 Ran Batep TonnitioX Renan Catal, Ene! Hougrating ‘ntre Cat, Hane Tartan Po ‘ Michael J, Bascom, CMFO. CTC Ne Police Department Chat ancl Geer ‘James M. Hunt Jr Economie Development Oreo Chief of Police 2, Documents and information related to prior police incidences involving Philip and ‘Tamara Seidle are part of ongoing criminal and/or internal affairs investigations by the County. As such, we have been advised by the County not to produce them in response to any OPRA request. 3. A confidentiality interest by the children of the Seidles has been asserted. The County, through Jennifer Lipp of the Prosecutor's Office, has therefore advised us that this fact provides another independent reason for which the Township should not produce any incident reports or other police records related to domestic violence allegations between the Seidles. My Police Department is mindful of the County's rolé in New Jersey's law enforcement structure, in which itis a superior agency to this Department. As such, we will not release any records which would contravene County policy or its inves ‘Thank you for your anticipated cooperation in this matter. Since: Cc James M- Hunt, Neptune Township Police Chief Robert Dawson, Undersheriff 25 Neptune Boulevard Neptune New Jersey 07753 ‘Tel: 732.988-8000 Fax: 732 774-0982 Web: www.neptunetownship.orgEXHIBIT “B”Custodian Statement of Richard Cutell, Municipal Clerk (A) @) © @) (®) List of all List of all If records were | If records records records disclosed with | were denied explanation responsive to provided to redactions, in their and statutory Requestor’s Requestor, in | givea general | entirety, | citation for the OPRA request | their entirety or | nature givea denial of (include the | with redactions | description of | general access to number of (include the date | the redactions. nature records in pages for each | such records description | their entirety record). were provided). of the or with record. redactions. March 24, 2001 | None. Access NA. Officer (All withheld Officer Report — | was denied, Report documents were 5 pages not product for the reasons set forth in Certification of Chief Hunt and attachments) February 27, | None. Access | NVA. Confidential 2005 Pol was denied report Document — 1 page March 16, 2006 | None. Access | NVA. Officer Police was denied Report Document ~2 pages February 6, ‘None. Access Officer 2012 Police —_| was denied. Report Document -4 pages April 26, 2012 | None. Access [ N/A Personnel Police | was denied Document Document ~2 pagesCustodian Statement of Richard Cutr!l, Municipal Clerk Police Document ~ 6 pages/I compact disc was denied. Affairs File (A) @) © () © j | List of all List of all If records were | If records List the legal records records disclosed with | were denied explanation responsive to | _ provided to redactions, intheir | and statutory Requestor’s | Requestor, in | giveageneral | entirety, | citation for the OPRA request | their entirety or nature givea denial of (include the | with redactions | description of | general access to number of | (include the date | the redactions. | nature records in pages foreach | such records description | their entirety record). | were provided). of the or with record, redact June 20,2013 | First Aid police _ | N/A. Officer Police document Report Document— 5] produced in its pages entirety November 14, | None. Access | N/A. Officer 2013 Police was de Report Document — 4 pages November 21, | None. Access | N/A. Officer 2013 Police | was denied. Report Document — 5 pages March 27,2014 | None. Access NIA, Officer | Police was denied Report Document ~ 5 pages March 28, 2014 | None. Access | N/A Officer Police was denied Report Document — 9 pages ‘April 7,2014 [None Access | NYA. InternalCustodian Statement of Richard Cutrell, Municipal Clerk (a) (B) © @) (©) List of all List of all Ifrecords were | If records List the legal records: records disclosed with | were denied explanation responsive to provided to redactions, in their and statutory Requestor’s Requestor, in | giveageneral | entirety, | citation for the OPRA request | their entirety or | nature givea denial of (include the th redactions | description of | — general access to number of | (include the date | the redactions. nature records in pages foreach | such records description | their entirety record). | were provided). of the or with record. redactions. July 12, 2014 None. Access. N/A. Officer Police was denied. Report Document — 10 \ pages | October 5, 2014 | Fraudulent | Officer Police Charge police | Report Document—6 | document | pages produced in its | entirety October 20, | Vandalism Police Officer | 2014 Police | Document Report Document-7 | produced in its pages entirety October’31, | None. Access | N/A. Officer 2014 Police was denied. Report Document ~ 4 pages | | December 22, NIA. Officer 1 2014 Police Report | Document — 4 | pages | March 5,2015 | None. Access NA. Officer Police was denied. Report Document 4 | pagesCustodian Statement of Richard Cutrell, Municipal Clerk (a) | @) © @) ©) List ofall | List ofall __| If'records were | If records | List the legal records | records disclosed with | were denied | explanation responsive to | _ provided to redactions, intheir | and statutory Requestor’s | Requestor, in | giveageneral | entirety, | citation for the OPRA request | their entirety or nature givea denial of (include the | with redactions | description of | _ general access to number of | (include the date | the redactions. | nature records in pages for each | such records description | their entirety record). | were provided). of the record. April 27, 2015 | None. Access NA. Officer | Police was denied. Report | Document — 4 | pages [April 29, 2015 _ | None. Access NA. Officer Police was denied. Report Document ~7 pages May 21,2015 | None. Access | N/A. Officer Police was denied. Report Document ~ 5 | pages June 8,2015 | Motor Vehicle Officer Police Crash Report. Report Document—1 | Released. pageOFFICE OF THE COUNTY PROSECUTOR COUNTY OF MONMOUTH 4332 JERSEYVILLE AVENUE Mane ¢ uuieux FREBHOLD,N] 07726-2574 vine ASSCGTaaT PRORECUTOR casei, Durury rest Neststant PRosscurOn (CHRISTOPHER J GRAMICCIONT ep inst aasitranr Phottetton, ACTING MONMOUTH COUNTY PROSECUTOR, MICHAEL pASTERERICK JR. ‘VIAEMAIL, June 25, 2015 Melissa Roberts: 450 Raritan Center Parkway Edison, New Jersey 08837 News12ni@news12.com mmroberts@news12.com ‘Re: OPRA request dated June 16,2015 Dear Ms. Roberts, Your records request dated June 16, 2015, was received by the County of Monmouth on that date and was forwarded to this office on June 19, 2015, when it was received by the records custodian. The last day for the County to respond is today. You requested “911 call, dispatch and police communication surrounding the incident at Ridge and Sewall avenues at approximately 1130 am on June 16, 2015 and immediately after. We would like to obtain any calls that came in from witnesses and those involved in the shooting, Our understanding at this time is that incident involved the Seidel family.” Your request is denied as it requests criminal investigatory records and records wherein individuals have asserted a privacy interest that this office is obligated to protect. It is not understood what you mean by “those involved in the shooting.” Your request cannot be properly evaluated as it neither identifies nor describes with any specificity or particularity the records sought. MAG Entertai ivi Icoboli Control, 375 N.J. Super, 534 (App. Div. 2005), ilders Association v, New Jer Council on Affordable Housing, 390 N.J. Super. 166 (App. Div. 2007), and Schuler v. Borough ‘of Bloomsbury, GRC Complaint No. 2007-151 (February 2009). However, please be advised there were no 911 calls made from the comer of Ridge and Sewall Avenues on June 16, 2015, about the shooting that occurred there, http://www prosecutor.co.monmouth.nj.usYour request for “dispatch and police communication... any calls that came in from ‘witnesses and those involved in the shooting” is a request for criminal investigatory records, N.LS.A, 47:1A-1.1 defines a criminal investigatory record: A record which is not required by Jaw to be made, maintained or kept on file that is held by a law enforcement agency, which pertains to any criminal investigation. “Criminal investigatory files include records involving all. ‘manner of crimes, resolved or unresolved, and include information that is part and parcel of an investigation, confirmed or unconfirmed.” Janeczko v. New Jersey Department of Law and Public Safety, GRC Complaint Nos. 2002-79 and 2002-80, Analysis and Conclusion; Nance v. ‘Scotch Plains Township Police Department Custodian of Record, GRC Complaint No. 2003-125 (records pertaining to disorderly persons offenses, including petty offenses, which are not required by law to be made, maintained or kept on file that is held by a law enforcement agency involving a criminal investigation are deemed to be "criminal investigatory records," and are not disclosable, pursuant to OPRA"), Police reports are not part of public record. R. 1:38-3((3). Criminal investigatory records are exempt from disclosure in response to an OPRA request, NLS.A. 47:1A-1.1(1). The status of the investigation is not controlling as to categorization of the document or the file. See Janeczko, supra; Johnson/Press of Atlantic City v. New Jersey Division of State Police, ORC Complaint No, 2004-46; Harvey v. Division of State Police, GRC ‘Complaint No.2004-65. Thus, records of officers’ daily activities, including CAD reports detailing information reecived by or from police dispatchers, log book notations, daily activity logs, daily bulletins, daily statistical sheets, tally sheets, and vehicle logs, various forms of audio and video recordings, transcriptions thereof, communications among police officers and between police officers and others; and recordings made by mobile video recorders (MVRs), use of force reports (UFR3), police reports, incident reports, operation reports, investigation reports, offense reports, and supplemental reports that relate to criminal investigative activities pertain to a criminal investigation and are exempt from access in response to an OPRA request. North Jersey Media Group, Ine. v, Tp, Of Lyndhurst, et, al,, Docket No, A-2523-14T1 decided June 11, 2015, ‘Nal Super. __ slip Op. at 43-45 (App. Div. 2005). Accordingly, your requests for the records relating to a criminal investigation are denied. NS.A. 47:1A-1.1(1); NJLS.A. 47:1A-3a, This office does have three recordings of 911 tapes that may fall within your request for “911 call ...surrounding the incident at Ridge and Sewall avenues at approximately 1130 am on June 16, 2015 and immediately after... that came in from witnesses...” A 911 tape falls within the definition of a “government record” in N,J.S.A. 47:1A-1.1.” Serrano v, South Brunswick ‘Tp. 358 NJ. Super. 352, 364-65, (App. Div. 2003). However, the legislative history of the OPRA statute demonstrates that the Legislature intended to provide protection against disclosure of 911 tapes in those instances in which a person had a reasonable expectation of privacy. rosecutor's Office 374 NJ. Super, 312, 330-31 (Law Div 2004). “The correct approach is to harmonize the language in sections 1 and 5 of OPRA and balance the interests each section advances: ready access to government documents while safeguarding the citizen's reasonable expectation of privacy. Bumett v. County of Bergen, 198 NJ, 408, 425-26 (2009). To balance OPRA's interests in privacy and access the following factors are considered: 1) the type of record requested; (2) the information it does or might contain; @) the potential for harm in any subsequent nonconsensual disclosure;@ the injury from disclosure to the relationship in which the record was generated; (5) the adequacy of safeguards to prevent unauthorized disclosure; (©) the degree of need for access; and (D) whether there is an express statutory mandate, articulated public policy, or other recognized public interest militating toward access, ‘Bumett, supra, 198 N.J. at 427. A request for 911 tapes is properly denied where the custodian determines the release would: 2) violate the privacy provision set forth in NJL.S.A, 47:1A-1; violate the Victim's Rights Amendment which provides that "a victim of a crime shall be treated with faimess, compassion and respect by the criminal Justice system.” N.J. Constitution, Article I, Paragraph 22; (3) violate the Crime Victim's Bill of Rights which provides that a crime victim is "[Wo be treated with dignity and compassion by the criminal justice system", NASA, 5248-360, Asbury Park Press, 374 N.J. Super. at 315, 331. ‘The callers in all three recordings have expressed to this office that they wish to assert a claim of privacy in the information provided to the 911 dispatcher, Additionally, the recordings of the three conversations with the dispatchers also recorded other private conversations that occurred in the background, off of the phone, involving individuals who were not parties to the 911 call. Individuals who were incidentally recorded have also asserted to this office a claim of privacy in their information and conversations that were incidentally recorded. Furthermore, information was recorded in the 911 calls and incidental conversations that relates to third parties who were not present when this information was provided. Those individuals have also asserted a privacy interest in their information. Therefore, releasing these recordings would violate the privacy rights of multiple individuals and the three 911 call recordings are exempt pursuant to N.JS.A. 4TLAL. What is more, most of these individuals fall within the statutory and Constitutional definitions of a Crime Victim. Disregarding their claim of a right to privacy would violate the Victim's Rights Amendment and the Crime Victim's Bill of Rights which provides that a crime victim is "tJo be treated with dignity and compassion by the criminal justice system." N.J. Constitution, Article I, Paragraph 22; NSA 52:4B-36a. Therefore, the request for the 911 calls is denied, To be clear, on the three 911 calls related to the Seidel family and the shooting, none of the callers placed their call from the comer of Ridge and Sewall Avenues. There are no calls from the defendant, no calls from the homicide victim, and no calls describing the shooting that occurred at the comer of Ridge and Sewall Avenue. Privacy interests were asserted by all of the callers and those included on the recordings. Releasing such information despite their asserted interest could damage their relationship with the criminal justice system in which they may participate as witnesses and/or vietims. Releasing such information despite the asserted privacy interests could damagethe callers’ personal relationships with the individuals whose information and ‘conversations were incidentally and unknowingly included on the recordings. Under the required analysis, it also has to be noted that you are requesting this information on bebalf of a news agency, meaning there are no safeguards in place to prevent further disclosure if the private information is released. In light of the express mandate in OPRA to protect privacy, the express mandates in the Constitution and the Crime Victim’s Bill of Rights to respect these individuals and treat them with faimess and compassion, the request for the 911 tapes is denied. In the event of a clarification or appeal, this office reserves the right to raise any other ‘ground for denial not raised in this response. The failure of this office to assert an exception or privilege at this time does not act as a waiver of any grounds for denial. ‘Very truly yours, CHRISTOPHER J. GRAMICCIONI ACTING MONMOUTH COUNTY PROSECUTOR By: Carey JMiuar Special Deputy Attomey General Acting Assistant Prosecutor Director ForfeitureMonmouth County Prosecutor's Office Information/Record Request Form ‘Requestor Information (Optional)* Name: __ Melissa Roberts Address $$ Ta re a eg TEE Signature: Date of Request: _6/16/15_ Description of Record(s) Requested: See letter Date Received: __ 6/19/15 Date Records will be available; N/A Records Provided: Feet: Unable to provide requested material X_ Request Denied Reason: ‘The document or docuraents listed below and requested by you are uot being provided because the document or documents are not public records as provided by law, a8 noted below: Privileged or Protected Category ‘Authority Autopsy Reports NASA. 47:1AdL.1, ot 309, Chil abuse orsex assault vet name or adress NISA.24:82406, Court records vealed Executive Order 69 Compute ecu information D4 iminal investigatory records OS Credit Cerd Numbers Grand Jury testimony, information 'D.Grievance information with public employer Domestic Violence data O_Deivers' license numbers Q. DYFS information 0 @ Electronic Surveillance Materials NIS.A.2A:156A-19 @_Emergency or security information or procedures NIS.A.AT:IAA.1, ot seq1/16/2018 9:30 PK FAX 17324178185 NEWOL2NI ‘movaroutH COUNTY OPEN PUBLIC RECORDS ACT REQUEST FORM {lt of ford, One Get Bal Bieet, Proebele, WJ 97728 ‘Records Custodian: Moron teanke, Clerk oft Bord (the Moameuth County Board of Chosan Freeholders v001/0004 elope 72401-7387 Pani asie iinportant Notice ‘Requestor information ~ Please Print Prat name Masa aL Une ame Roberts Eman rooms new x 12.0; mrobertaganews 200m ateg Asoess 450 Rartan Center ey Eelson ate Nd 2p 0887 copra 732-948-3270 pax Taat7 084 Pik ‘este ratamoe nt ‘Up | | usuan | | tet Fas, aa, Kyu ae eco, fost, aan ces one: Un panty of ISA, sean 1 HAE RAVE ROT bo orton om eeu elrog under aI oar ery. any ne One Site ener: that incident involved the Seidel family, Acevey use oan AY ua on snr Ste cea ae i ; ‘The test page of is for contnsKnpotant information relied to Your rights conceig govarnmentreorts, Pease rd i crc. 5 specie we postin in deacieg the oon being requested, Ato, please oka that your eee besarte ft aad Race rr oe ey a tt eae “2s equating 1 call, dispatch and police communication surrounding the incident at Ridge ‘and Sewall avenues at approximately 1130am on June 16, 2075 and immediately after. We would liko to bin ory els that care in fom wiinessea and those Invlved in the shooting, Our understanding atEmployee sexual harassment complaints NASA. 4T:1ACL.A, ot se. Fingerprint cards Executive Order 69 Interagency or intra agency advisory communications NJS.A.47:1A-LI, e969. Juvenile ecards NISA2A:44-60 @_ Labor Negotiation information, strategy or positions NISA.47:1A-1.1, ot sq, Medical Examiner Photographs NISA.47:1A-1.1, et eq, 2 Otherwise inappropriate materia! Executive Order 69° Pension and personnel records NJS.A. 47-14-11, et 909 1D Photographs NASA. 47:1A-1:1, et 90q5 Exec. Order 69 Pre Sentence Investigations State v, DeGeorge, 113 NI Super.542 (App. Div. 1971) @ Public Agency insurance communications NJSA.47:1A4L.1, ot seq 1D Safery of persons or public NJS.A.47:1A-1.1, et seq; Exee, Order 69 Security measures and surveillance techniques NISA-47:IAAL1, et seq. Social Security Numbers NISA.ATIA-LI, et seq, Unlisted Telephone Numbers NISA-ATIA-LT, et 09, Victim locations (Domestic Violence) NIS.A.20:25.26¢. Victim records NISA.47:1A-L.1, ot seq 'D_ Record has been destroyed/nt retained pursuant to Records Retention and Disposition Schedule (NI Dept. of Sate, Div, of Archives Mert) RM On spe Sr sMadis Qubos CUSTODIAN’S SIGNATURE: Da < Date: o LEH “If requestor information is not provided a deposit of $10.00 will be required. This deposit will be put toward any cost incurred. ‘**1f the cost for information requested is over $25.00 a deposit may be requested before copying. All fees must be paid in full for release of requested records. Alll checks payable to the County of Monmouth Procedure for Submission Members of the public who are requesting copies of records are encouraged to complete this Request for Public Records form. Renna v, County of Union, 407 N.J. Super, 230 (App. Div. 2009), The form or other written request must be placed in an envelope addressed to: Monmouth County Prosecutor's Office 132 Jerseyville Avenue Freehold, New Jersey 07728 Attn: OPRA Custodian of Records and either mailed or taken directly to the Prosecutor's Office. This office does NOT accept OPRA requests by email, i » 407 N.L. Super, 221, 227-28 (App. Div.), certif, denied, 200 N.J. 476 (2009).Procedure for Filing an Appeal. A person who is denied access to a government record by the custodian of the record, at the option of the requestor, may; Institute a proceeding to challenge the custodian's decision by filing an action in Monmouth County Superior Court which shall be heard by a Superior Court Judge who has been designated to hear such cases because of that judge's knowledge and expertise in matters selating to aocess to government records; or in lieu of filing an action in Superior Court, file a complaint with the Government Records Council established is subsection 8 of P.L.2001, ¢.404 (C.47:1A-7), ‘The right to institute any proceeding under this section shall be solely that of the requestor. Any ‘such proceeding shall proceed in a summary or expedited manner. The public agency shall have the burden of proving that the denial of access is authorized by law. Ifitis determined that access has been improperly denied, the court or agency head shall order that access be allowed. ‘A requestor who prevails in any proceeding shall be entitled to a reasonable attorney's fee.EXHIBIT “D”OFFICE OF THE COUNTY PROSECUTOR COUNTY OF MONMOUTH 1132 JERSEYVILLE AVENUE arc acen FREEHOLD, N] 07728-2374 inst Ahh Sehatr proseceron ee erury rinse naste"ant oosecuron CHRISTOPHER J GRAMICCIONL erat Hist Asarerant phossevron ACTING MONMOUTH COUNTY PROSECUTOR weiter ov barecrisas VIA EMAIL June 25, 2015, Re: OPRA requests dated June 19 and June 25,2015, Dear Ms. Solis, Your records request dated June 19 and June 25, 2015, were received by the County of Monmouth on those dates and were forwarded to this office on June 19 and June 25, 2015, respectively, when they were received by the records custodian. On June 19, 2015, you requested “digital copies of radio communication data between 10 am. and 1 p.m. Tuesday, June 16, including communication related to the shooting incident in Asbury Park. You also requested on June 19, 2015, “copy of dash-camera footage from vehicles of officers who responded to a shooting incident near Ridge and Sewall avenues in Asbury Park between 10 a.m. and 1 p.m, June 16, 2015; all calls for service into the Monmouth County Communications Center reporting an incident involving a gun and/or shooting and/or threat in Asbury Park and/or Neptune between 10 a.m, and 1 p.m. June 16,2015.” ‘The last day for the County to respond is today. On June 25, 2015, you requested “The report printout in the Spillman system for the entire day of June 16, 2015, with the call numbers in sequential order. Please make sure the calls include the case number.” ‘The last day for the County to respond, in light of the official holiday, is July 7, 2015. ‘Your request for “radio communication data...including communication related to the shooting incident in Asbury Park” is a request for criminal investigatory records. Your request for “dash-camera footage from vehicles of officers who responded to a shooting incident...in Asbury Park” is also a request for criminal ‘investigatory records. In addition, your request for a report printout in the Spillman system for the entire day of June 16, 2015....” is a request for criminal investigatory records, N.J.S.A. 47:1A-1.1 defines a criminal vestigatory record: A’ record which is not required by law to be made, maintained or kept on file that is held by a law enforcement agency, which pertains to any criminal investigation. “Criminal investigatory files ‘include records involving all manner of crimes, resolved or ‘unresolved, and include information that is part and parcel of an investigation, confirmed or unconfirmed.” Janeczko v. New. Jersey Department of Law and Public Safety, GRC Complaint Nos. 2002-79 and 2002-80, Analysis and Conclusion; Nance v. Scotch Plains Township Police Department Custodian of Record, GRC http://www. prosecutor.co. monmouth.nj.usComplaint No. 2003-125 (“records pertaining to disorderly persons offenses, including petty offenses, which are not required by law to be made, maintained or kept on file that is held by a law enforcement agency involving a criminal investigation ate deemed to be “criminal investigatory records,” and are not disclosable, pursuant to OPRA”). Police reports are not part of public record. R, 1:38-3(f(3). Criminal investigatory records are exempt from disclosure in response to an OPRA request. NLS.A. 47:1A-L.1(I). The status of the investigation is not controlling as to categorization of the document or the file. See Janeczko, supra; Johnson/Press of Atlantic City v. New vision of State Police, GRC Complaint No. 2004-46; Harvey v. Division of State Police, GRC Complaint No.2004-65, Thus, records of officers’ daily activities, including CAD reports detailing inform: received by or from police dispatchers, log book notations, daily activity logs, daily bulletins, daily statistical sheets, tally sheets, and vehicle logs, vatious forms of audio and video recordings, transcriptions thereof, communications among police officers and between police officers and others; and recordings made by mobile video recorders (MVRs), use of force reports (UFRs), police reports, incident reports, operation reports, investigation reports, offense reports, and supplemental reports that relate to criminal investigative activities pertain to a criminal investigation and are exempt from access in response to an OPRA request. North Jersey Media Group, Inc, v, Tp. Of Lyndhurst, et, al., Docket No. A-2523-14TI decided June 11,2015, NAL Super. __ slip Op. at 43-45 (App. Div. 2005). Accordingly, your requests for the records relating to a criminal investigation are denied. NJLS.A. 47:1Ac1.1(1); NJS.A. 47:14-3a, ‘Your request “all calls for service into the Monmouth County Communications Center reporting an incident involving a gun and/or shooting and/or threat in Asbury Park and/or Neptune between 10 a.m. and 1 p.m. June 16, 2015” is overly btoad. OPRA does not authorize a party to make a blanket request for “every document” or “all” documents, Bent v. Township of Stafford Police Dept., Custodian of Records, 381 N.J. Super. 30, 37, 39 (App. Div. 2005). In addition, “calls for service” is vague. Therefore, your general request cannot be fulfilled as it neither identifies nor describes with any specificity or particularity the records sought. MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005), New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J. Super. 166 (App. Div, 2007), and Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009), In the event of a clarification or appeal, this office reserves the right to raise any other ground for denial not raised in this response. The failure of this office to assert an exception or privilege at this time does not act as a waiver of any grounds for denial, Very truly yours, CHRISTOPHER J. GRAMICCIONI ACTING MONMOUTH COUNTY PROSECUTOR By: Carey J. Huff Special Deputy Attorney GeneralActing Assistant Prosecutor Director ForfeitureEXHIBIT “E”OFFICE OF THE COUNTY PROSECUTOR COUNTY OF MONMOUTH: 1132 JBRSEYVILLE AVENUE Marc c remigux FREEHOLD, N} 07720-2574 rns RS it meotacoron geyanrie mrery nasy sistant FuosseuToR ‘CHRISTOPHER J GRAMICCION! perlny Hast sssiitant Puoseetron ACTING MONMOUTH COUNTY PROSECUTOR in MICHAEL pasTeRCHICK 18 ‘VIA EMAIL June 26, 2015 Christie Dufty WPIX-TV Caufty2@pixl L.com PRA 2 2 Dear Ms, Dufty, ‘Your records request dated June 20, 2015, was received by the County of Monmouth on June 22, 2015 and was forwarded to this office om that date, when it was also received by the records custodian. The last day for the County to respond is July 1, 2015, You requested “All 911 calls received by the Monmouth County Communications Center and the Sheriff's Office in regards to a shooting in Asbury Park near Ridge Avenue and Sewall Avenue at approximately 11:26 am. on Tuesday, June 20, 2015.” Your request is denied as it requests records wherein individuals have asserted a privacy interest that this office is obligated to protect. tis not understood what you mean by “in regards to a shooting.” Your request cannot be Properly evaluated os it neither identifies nor describes with any specificity or particularity the records sought. MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 NJ. ‘Super. 534 (App. Div. 2005), New J ilders_ Association v, New J cil on ing, 390 NJ. Super. 166 (App. Div. 2007), and Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009). ‘There are no records of shooting in Asbury Park near Ridge Avenue and Sewall Avenue st approximately 11:26 a:m. on June 20, 2015, Be advised, June 20, 2015, was a Saturday, Please also be advised there were no 911 calls made from the comer of Ridge and Sewall Avenues on ‘Tuesday, June 16, 2015, about the shooting that occurred there on that date, http://www-prosecutor.co.monmouth.nj.usThis office docs have three recordings of 911 tapes that may fall within your request for “911 calls received by the Monmouth County Communications Center and the Sheriff's Office ‘n.regands to a shooting in Asbury Park near Ridge Avenue and Sewall Avenue at approximately 11:26 a.m. on Tuesday” A 911 tape falls within the definition of a “government record” in N.LS.A. 47:14-1.1.” Serrano v. South Brunswick Tp., 358 N.J. Super, 352, 364-65, (App, Div. 2003). However, the legislative history of the OPRA statute demonstrates that the Legislature intended to provide protection against disclosure of 911 tapes in those instances in which a person had a reasonable expectation of privacy. v. c Office 374 NJ. Super. 312, 330-31 (Law Div 2004). The correct approach is to harmonize the language in sections 1 and 5 of OPRA and balance the interests each section advances: ready ‘access to government documents while safeguarding the citizen's reasonable expectation of privacy. Bumett v. County of Bergen, 198 N.J. 408, 425-26 (2009). To balance OPRA's interests in privacy and access the following factors are considered: )) the type of record requested (@) the information it does or might contain; (3) the potential for harm in any subsequent nonconsensual disclosure; (4) the injury from disclosure to the relationship in which the record was generated; (5) the adequacy of safeguards to prevent unauthorized disclosure; (©) the degree of nied for access; and (7 whether there is an express statutory mandate, articulated public policy, or other recognized public interest militating toward access. ‘Bumett, supra, 198 N.t. at 427. A request for 911 tapes is properly denied where the custodian ‘determines the release would: ) violate the privacy provision set forth in NJL.S.A. 47:14-1; (2) violate the Viciim's Rights Amendment which provides that "a victim of a crime shall be treated with faimess, compassion and respect by the criminal justice system." N.J. Constitution, Article I, Paragraph 22; @) violate the Crime Victim's Bill of Rights which provides that a crime victim is “[t]o be treated with dignity and compassion by the criminal justice system". NALS.A. 52:4B-36a, Asbury Park Press, 374 NJ, Super, at 315, 331. ‘The callers in all three recordings have expressed to this office that they wish to assert a claim of privacy in the information provided to the 911 dispatcher. Additionally, the recordings of the three conversations with the dispatchers also recorded other private ‘conversations that occurred in the background, off of the phone, involving individuals ‘who were not parties to the 911 call. Individuals who were incidentally recorded have also asserted to this office a claim of privacy in their information and conversations that ‘were incidentally recorded. Furthermore, information was recorded in the 911 calls and incidental conversations that relates to third parties who wore not present when this information was provided. Those individuals have also asserted a privacy interest in their information. Therefore, releasing these recordings would violate the privacy rights of ‘multiple individuals and the three 911 call recordings are exempt pursuant to NSA, 471A.What is more, most of these individuals fall within the statutory and Constitutional definitions of a Crime Vietim. Disregarding their claim of a right to Privacy would violate the Victim's Rights Amendment and the Crime Victim's Bill of ‘Rights which provides that a crirhe victim is "[tJo be treated with dignity and compassion by the criminal justice system.” N.J. Constitution, Article I, Paragraph 22; N.J.S.A, 52:4B-36a, Therefare, the request for the 911 calls is denied. describing the shooting that occurred at the corner of Ridge and Sewall Avenue, Privacy interests were asserted by all of the callers and those included on the recordings, Releasing such information despite their asserted interest coul ir relat with the criminal justice system in which they may participate as witnesses and/or victims. Releasing such information despite the asserted privacy interests could damage the callers’ personal relationships with the individuals whose information and ‘conversations were incidentally and unknowingly included on the recordings. Under the required analysis, it also has to be noted that you are requesting this information on behalf of a news agency, meaning there sre no safeguards in place to prevent further disclosure if the private information is released. In light of the express mandate in OPRA to protect privacy, the express mandates in the Constitution and the Crime Victim’s Bill of Rights to respect these individuals and treat thom with fairness ‘and compassion, the request for the 911 tapes is denied. In the event of a clarification or appeal, this office reserves the right to raise any other ground for denial not raised in this response. The failure of this office to assert an exception or privilege at this time does not act as a waiver of any grounds for denial, Very truly yours, ‘CHRISTOPHER J. GRAMICCIONI ACTING MONMOUTH COUNTY PROSECUTOR G._- By: Carey J, Huff Special Deputy Attomey General Acting Assistant Prosecutor Director ForfeitureMonmouth County Prosecutor's Office Information/Record Request Form Requestor Information (Optional)* Rane eas Address: Telephone Number: _( Signature: Date of Request: June 20, 2015. Description of Record(s) Requested: Date Received: June 22,2015 Date Records will be available: _W/ A, Records Provided: Fee**; Unable to provide requested material ma Request Denied ‘Reason: ‘Te document or documents listed below and requested by you are not being provided because the document or documents are not public records as provided by law, as noted below: Privileged or Protected Category Authority 1D Autopsy Reports NAESA.ATLAL, et 309, Child abuse or sex assault victim name or address NASA, 2A:82-466 Court records sealed Executive Order 69 Computer seeurity information NASA.47:1A., et 9, @Griminal investigatory records NISA. 47-1411 e909 1D Credit Card Numbers NJSA.47:1A.1.1 e909, © Grand Jury testimony, information (Court Rul 3:6-7 2 Grievance information with public employer NISA.47IALL, oseq. |] Domestic Violence data NJSA.20:25-33, Drivers’ license numbers NISA.47:1A0.1, et309 Q. DYFS information NIS.A. 9:68.10 @ Electronic Surveillance Materials NISA.2A:156A-192 Emergency or security information or procedures NISA.ATIACLI, e509, 12 Employee sexual harassment complaints NISA.47: 1G Fingerprint cards Executive Order 69, 1D Inter-agency or int agency advisory communications N.J.S.A, AT:1A“1.1, et seq. Juvenile records NISA.2A4A. Labor Negotiation information, strategy or positions NISA.47:1A-1., e909, Medical Examiner Photographs NISA.ATIAALI, e909, 1D Otherwise inappropriate material Executive Order 69 Pension and personnel records NASA.AT:1A-1.1, et eq, Q Photographs NISA.47:1A-1.1, et seq; Bx, Order 69 Q._Pre Sentence Investigations State v. DeGeorge, 113 NI Super 542 (App, Div, 1971) Public Agency insurance communications NJSA.47:1A-1.1, 0509, 1G. Safety of porsons or public NJSA.A7:1A-1.1, ot s0q3 Exeo, Order 69 Security measures nd surveillance techniques NIESA.AT:IAAL, et 9, 1D Social Security Numbers 309 ‘D Unlisted Telephone Numbers NISA.47:1A-1.1, e509, D_Victim locations (Domestic Violence) NISA.2C25-266, Victim records NISA.47:1A-1.1, ots, Record has been destroyed/not retained pursuant to: ‘Records Retention and Disposition Schedule (NY Dept of State, Div. of Archives Mgmt) FR omer Desasy idem) CUSTODIAN’S SIGNATURE: pa; Chol is * If requestor information is not provided a deposit of $10.00 will be required. This deposit will be put toward any cost incurred. **If the cost for information requested is over $25,00 a deposit may be requested before copying. All fees must be paid in full for release of requested records. All checks payable to the County of Monmouth Procedure for Submission: ‘Members of the public who are requesting copies of records are encouraged to complete this Request for Public Records form. Renna v. County of Union, 407 N.J. Super, 230 (App. Div. 2009). ‘The form or other written request must be placed in an envelope addressed to: ‘Monmouth County Prosecutor's Office 132 Jerseyville Avenue Freehold, New Jersey 07728 Attn: OPRA Custodian of Records and either mailed or taken directly to the Prosecutor's Office. This office does NOT accept OPRA requests by email. Paff v, City of Bast Orange , 407 N.J, Super, 221, 227-28 (App. Div.), certif. denied, 200 N.J. 476 (2009).Procedure for Filing an Appeal. A person who is denied access to a government record by the custodian of the record, at the option of the requestor, may; Institute a proceeding to challenge the custodian's decision by filing an action in Monmouth County Superior Court which shall be heard by a Superior Court Judge who has been designated to hear such cases because of that judge's knowledge and expertise in matters relating to access to government records; or in licu of filing an action in Superior Court, file a complaint with the Government Records Council established is subsection 8 of P.L.2001, ¢.404 (C.47:1A-7), ‘The right to institute any proceeding under this section shall be solely that ofthe requestor, Any such proceeding shall proceed in a summary or expedited manner. The public agency shall have the burden of proving that the denial of access is authorized by law. Ifit is determined that ‘access has been improperly denied, the court or agency head shall order that access be allowed. ‘A requestor who prevails in any proceeding shall be entitled to a reasonable attorney's fee,Masnick, Marion. —_—_—_ S$ From: Duty, Christie fodutty2@pix1.com} + Sont: Saturday, June 20, 2015 12:08 PM To: Masnick, Marion; ecia,Santanielo@co.monmouth.ni.us; Hanlon, Christine Subject: ‘OPRA REQUEST Importance: High To: Records Custodian, Monmouth County From: Christie Duffy, Reporter, WPIX-TV Date: June 20, 2015 This is a request under P.L. 2001, c. 404, commonly known as the Open Public Records Act. | request the following record ‘All 914 calls received by the Monmouth County Communications Center and the Sheriff's Office In regards to a shooting in Asbury Park near Ridge Road and Sewall Avenue at approximately 11:26 a.m. on Tuesday, June 20, 2015, |' would prefer to receive the records by e-mall. | can also accept them on a CD/DVD or via FTP. Please let me know if there is anything | can do to help clarity or expedite this request. | look forward to hearing from you within 7 business days, Sincerely, 2 CHRISTIE DUFFY ge 8 > 2 Reporter | PIX14 646-799-7843 220 East 42nd Street New York, NY 10017 ‘Wabste | Twitter | Fanebook | Instagram B 2EXHIBIT “F”OFFICE OF THE COUNTY PROSECUTOR COUNTY OF MONMOUTH ssayensermate avenve ‘1 FREEHOLD, 077202974 thE AE ron (ry as-7160 coer ‘aaterate wage Se SEEnEn Eg ‘CHRISTOPHER J. GRAMICCIONT ‘ACTIN MONMOUTH COUNTY PROSECUTOR sx ‘VIA EMAIL June 26, 2015 Camille Cava 1 Time Wamer Center CNN NY Bureau Camille. Cava(@tumer.com t dated June 18, 20 Dear Ms. Cava, ‘Your records request dated June 18, 2015, was received by this office and the records custodian on June 18, 2015. The last day to respond is June 29, 2015. You requested “- 911 calls related to Phillip and Tamara Seidle on June 16, 2015 and all other audio related to the incident in Asbury, ~ Video account of the incident, including witness and cellphone video that may have been submitted to the police. ~ Records are being requested by CNN for newsgathering and ‘media purposes.” Your erhail prefaced that you were requesting “audio and video from the scene ‘at Asbury Park between Phillip and Tamara Seidle.” Your requests are denied as they request criminal investigatory records, and records wherein individuals have asserted a privacy interost that this office is obligated to protect. Please be advised there were no 911 calls made from Sewall Avenue on June 16, 2015, about the shooting that occurred there, OPRA does not atithorize a party to make a blanket request for “every document” or “all” documents. i d Police Dept. i 381 NJ. Super, 30, 37, 39 (App. Diy. 2005). Therefore, your general request cannot be fulfilled as it neither identifies nor describes with any specificity or particularity the records sought, MAG i visi li Control, 375 N.J. Super. $34 (App. Div, 2005), New Jersey Builders Association v, New Jersey Council on Affordable Housing, 390 NJ. http://www. prosecutor.co.monmouth.nj.us‘Super, 166 (App. Div. 2007), and Schuler v, Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009). ‘Your requests for “911 calls related to Phillip and Tamara Seidle on June 16, 2015 and all other audio related to the incident in Asbury. ~ Video account of the incident, including witness and cellphone video that may have been submitted to the police” are requests for criminal inyestigatory records. NJ.S.A. 47:1A-I.1 defines a criminal investigatory record: A record which is not required by law to be made, maintained or kept on file that is held by a law enforcement agency, which pertains to any criminal investigation. “Criminal investigatory files include records involving all manner of crimes, resolved or unresolved, and include information that is part and percel of an investigation, confirmed or unconfirmed.” Janeczko v. New Jersey Department of Law and Public Safety, GRC Complaint Nos, 2002-79 and 2002-80, Analysis and Conclusion; Nance v. Scotch Plains Township Pe i GRC Complaint No, 2003-125 (“records pertaining to disorderly persons offenses, including petty ‘offenses, which are not required by law to be made, maintained or kept on file that is held by a Jaw enforcement agency involving a criminal investigation are deemed to be “criminal investigatory records," and are not disclosable, pursuant to OPRA”). Police reports are not part of public record. R, 1:38-3(0(3). Criminal investigatory records are exempt from disclosure in response to an OPRA request. NJ.S.A. 47:1A-1.1(1). The status of the investigation is not controlling as to categorization of the document or the file, See Janeczko, supra: Johnson/Press of Atlantic City v. New Jersey Division of State Police, GRC Complaint No. 2004-46; Harvey v, Division of State Police, GRC Complaint No.2004-65, Thus, records of officers’ daily activities, including CAD reports detailing information received by or from police dispatchers, log book notations, daily activity logs, daily bulletins, daily statistical sheets, tally sheets, and vehicle logs, various forms of audio and video recordings, transcriptions thereof, communications among police officers and between police officers and others; and recordings made by mobile video recorders (MVRS), use of force reports (UFR), police report, iricident reports, operation reports, investigation reports, offense reports, ‘and supplemental reports that relate to criminal investigative activities pertain to a criminal investigation and sre exempt from access in response to an OPRA request. North Jersey Media Group, Inc. v. Tp. Of Lyndhurst, et, al., Docket No, A-2523-14T1 decided June 11, 2015, ‘NJ. Super. __ slip Op. at 43-45 (App. Div. 2005). Accordingly, your requests for the records relating to a criminal investigation are denied. NJLS.A. 47:1A-1.1(i); NJS.A. 47:1A-3a, This office does have three recordings of 911 tapes that may fall within your request for “911 calls related to Phillip and Tamara Seidle on June 16, 2015.” A 911 tape falls within the definition of a “government record” in N. T1ARL v. South i Tp, 358 NJ. Super. 352, 364-65, (App, Div. 2003). However, the legislative history of the ‘OPRA statute demonstrates that the Legislature intended to provide protection against disclosure of 911 tapes in those instances in which a person had a reasonable expectation of privacy. Asbury Park Press v, Ocoan County Prosecutor's Office 374 N.J. Super, 312, 330-31 (Law Div 2004). The correct approach is to harmonize the language in sections 1 and 5 of OPRA and balance the interests each section advances: ready access to government documents while safeguarding the citizen's reasonable expectation of privacy. Burnett v. County of Bergen, 198 ‘NL, 408, 425-26 (2009). To balance OPRA's interests in privacy and access the following factors are considered:(A) the type of record requested; (@) the information it does or might contain; G) the potential for harm in any subsequent nonconsensual disclosure; (4) the injury from disclosure to the relationship in which the record was generated; (5) the adequacy of safeguards to prevent unauthorized disclosure; (© the degree of need for access; and (7) whether there is an express statutory mandate, articulated public policy, or other recognized public interest militating toward access. Burnett, supra, 198 N.I. at 427, A request for 911 tapes is properly denied where the custodian ‘determines the release would: (1) violate the privacy provision set forth in NJLS.A. 47:1A-1; @) violate the Vietim's Rights Araendment which provides that "a victim of a crime shall be treated with faimess, compassion and respect by the criminal Justice system." N.J, Constitution, Article I, Paragraph 22; (G) violate the Crime Victim's Bill of Rights which provides that a crime victim is "[tlo be treated with dignity and compassion by the criminal justice system", NASA. 52:4B-360, Asbury Park Press, 374 NJ. Super. at 315, 331, ‘The callers in all three recordings have expressed to this office that they wish to assert a claim of privacy in the information provided to the 911 dispatcher, Additionally, ‘the recordings of the three conversations with the dispatchers also recorded other private conversations that occurred in the background, off of the phone, involving individuals ‘who were not parties to the 911 call. Individuals who were incidentally recorded have also asserted to this office a claim of privacy in their information and conversations that were incidentally recorded. Furthermore, information was recorded in the 911 calls and {incidental conversations that relates to third parties who were not present when this information was provided. Those individuals have also asserted a privacy interest in their information. Therefore, releasing these recordings would violate the privacy rights of multiple individuals and the three 911 call recordings are exempt pursuant to NJS.A, 4T1AL. What is more, most of these individuals fall within the statutory and Constitutional definitions of a Crime Victim. Disregarding their claim of a right to privacy would violate the Victim's Rights Amendment and the Crime Victim's Bill of Rights which provides that a crime victim is "[t]o be treated with dignity and compassion by the criminal justice system." N.J. Constitution, Article I, Paragraph 22; NJS.A 52:4B-36a. Therefore, the request for the 911 calls is denied, ‘To be clear, on the three 911 calls related to the Seidle family and the shooting, none of the callers placed their call from the comer of Ridge and Sewall Avenues. There are no calls from the defendant, no calls from the homicide victim, and no calls describing the shooting that occurred at the comer of Ridge and Sewall Avenue. Privacy interests were asserted by all of the callers and those included on the recordings. Releasing such information despite their asserted interest could damage their relationshipwith the criminal justice system in which they may participate as witnesses and/or victims. Releasing such information despite the asserted privacy interests could damage ‘the callers’ personal relationships with the individuals whose information and conversations were incidentally and unknowingly included on the recordings, Under the required analysis, it also has to be noted that you are requesting this information on behalf of a news agency, meaning there are no safeguards in place to Prevent further disclosure if the private information is released. In light of the express mandate in OPRA to protect privacy, the express mandates in the Constitution and the Crime Victim’s Bill of Rights to respect these individuals and treat them with faimess and compassion, the request for the 911 tapes is denied. In the event of a clarification or appeal, this office reserves the right to raise any other sound for denial not raised in this response. The failure of this office to assert an exception or Brivilege at this time does not act as a waiver of any grounds for denial, Very truly yours, ‘CHRISTOPHER J, GRAMICCIONI ACTING MONMOUTH COUNTY PROSECUTOR ae By: Carey Huff Special Deputy Attomey General Acting Assistant Prosecutor Director Forfeiture‘Monmouth County Prosecutor's Office Information/Record Request Form ‘Requestor Information (Optional)* Name: Camille Cava Address: 1 Time Warner Center ‘Telephone Number: ( 212.) 275-7820 Signature: love — Date of Request: 06/18/2015 Description of Record(s) Requested: = 9/1 calls related to Phillip and Tamara Seidle on June 16, 2015 and all other audio related to the incident in Asbury. ~ Video account ofthe incident, including witness and cellphone video that may have been submitted to police, ~ Records are being requested by CNN for newogethering and media purposes, Date Received: _ Cy [a] 1 Date Records will be available: _Av/A, Records Provided: Feet Unable to provide requested material 2d Request Denied Reason: ‘The document or documents listed below and requested by you are not being provided because the document or documents are not public records as provided bylaw, as noted below: Privileged or Protected Category Authority 2 Autopsy Reports NISA.ATIALI, eq, Child abuse or sex assault vitim name or adress NISA.20:82-466 Cour records sealed ‘Bxecutive Onder 2 Computer security information NIS.A.ATIA-L 80g Yo Gini investing rons NISA471A-LI, et 309, ‘Credit Card Nombers NIS.A.47:1A-11, 50 2. Grand Jury testimony, information (Court Ril 36-7 Grievance information with public employer NISA.67:1A-L1, e809, @ Domestic Violence data NISA.2C25.33 Drivers" license numbers NJSA.47:1A-141, e209 © DYPS information NISA.9:64.10 Q Electronic Surveilance Materils NISA.2A:1564-19,2 Emergency or security information or procedures NISAATIALA, et 309, Employee sexual harassment complaints NISA471A1.1, e¢50q, Fingerprint cards Executive Order 6 'D _Inter-agency o intra agency advisory communications NJ.S.A.47:14-.1, et seq, Juvenile records NIS.A.2a:44-60 Labor Negotiation information, strategy or postions NISAAT-ALA, ets, (Medical Examiner Photographs NIS.A.ATIAGLT, tq, 1D Otherwise inapproprite material Executive Order 65 Pension and personnel records NISAA7IAL, 90g, Photographs NIS.A.47:1A-11, € 50a; Exee, Onder 69 Pre Sentence Investigations State v. DeGeorge, 113 NY Super 542 (App. Div. 1971) 18 Pubile Ageney insurance communications NISAA7IA-L1, 99, @ Safety of persons or public NISA47IAL, eseq5 2 Security measures and surveillance techniques NISALA7IA-LI, ot seq, 1D. Social Security Numbers NISA.471A-11, ese, 1D Unlisted Telephone Numbers NISA.471ACLT, et seq ‘D _Vietim locations (Domestic Violence) NYS-A.26:25.266, 2 Victim records NJS-A.471A-L1, ot 30q, 2 Record has been destroyednot retained pursuent to: ‘Records Retention tnd Disposition Schedule (NU Dept of State, Di. of Archives Ment.) Porte Con = Wiekins CUSTODIAN’S SIGNATURE: __/ é ae ie: ele “If requestor information is not provided a deposit of $10.00 will be required, This deposit will be put toward any cost incurred. *FIf the cost for information requested is over $25.00 a deposit may be requested before copying. All fees must be paid in full for release of requested records, Alll checks payable to the County of Monmouth Procedure for Submission; Members of the public who are requesting copies of records are encouraged to complete this ‘Request for Public Records form. Renna v, County of Union, 407 NJ. Super, 230 (App. Div. 2009), ‘The form or other written request must be placed in an envelope addressed to: ‘Monmouth County Prosecutor's Office 132 Jerseyville Avenue Freehold, New Jersey 07728 ‘Attn: OPRA Custodian of Records and either mailed or taken directly to the Prosecutor's Office. This office does NOT accept OPRA requests by email. Paff v, City of East Orange , 407 NJ. Super, 221, 227-28 (App. Div.), ‘certif. denied, 200 NJ, 476 (2009),Procedure for Filing an Appeal. AA person who is denied access to a government record by the custodian of the record, atthe option of the requestor, may; Institute a proceeding to challenge the custodian's decision by filing en action in Monmouth, ‘County Superior Court which shall be heard by a Superior Court Judge who has been designated to hear such cases because of that judge's knowledge and expertise in matters relating to access to goverment records; or in liew of filing an action in Superior Court, file a complaint withthe Government Records Council established is subsection 8 of P.L.2001, 0.404 (C.47:1A-7). ‘The right to institute any proceeding under this section shall be solely that of the requestor. Any such proceeding shall proceed in a summary or expedited manner. The public agency shall have the burden of proving that the denial of access is authorized by law. Ifit is determined that ‘access has been improperly denied, the court or agency heed shall order that access be allowed, A requestor who prevails in any proceeding shall be entitled toa reasonable attomey's fee.Carey Hutt From: Cava, Camille Sent: Thursday, June 18, 2015 11:55 AM To: opra ‘Subject: (CNN INQUIRY/MEDIA REQUEST Attachments: ‘opraform-signed pdt To Whom It May Concern, I'm requesting audio and video from the scene at Asbury Park between Phillip and Tamara Seidle. Please let me know if this could be completely as soon as you can, Including payment options, etc. ‘My contact info Is below. Thank You, Camille Cava CNN NY BUREAU 212.275.7820 Camille,Cava@tumer.comEXHIBIT “G”OFFICE OF THE COUNTY PROSECUTOR COUNTY OF MONMOUTH 132 JERSEYVILLE AVENUE mane c reneox FREEHOLD, Nj 07728-2374 rinse aSGoRMY raosecoron bas ieeh) aevry raat nasibtan FRoseeuroR CuirisToPHER |. GRAMICCIONT wicuaees wojciscHowsns ONE SP STEERS ‘ACTING MONMOUTH COUNTY PROSECUTOR ‘VIA EMAIL June 26, 2015 Alex Napoliello. 485 Route 1 South Building E, Suite 300 anapollello@niadvancemedia.com Re: OPRA rec dated. Z Dear Mr, Napoliello, ‘Your records request dated June 18, 2015, was received by this office and the records custodian on June 18, 2015, The last day to respond is June 29, 2015. You requested “Tho incident report and 9-1-1 calls related to the Phillip Seidle shooting on June 16, 2015 on Sewall Avenue in Asbury Park. Additionally any police radio transmission related to the incident, and any previous reports involving Phillip and Tamara Seidle.” “The incident report and 9-1-1 calls related to the Phillip Seidle shooting on June 16, 2015 on Sewall Avenue in Asbury Park. Additionally all police communications related to the incident, including, but not limited to, communications with the Seidle family members on that date or leading up to the shooting.” ‘Your requests are denied as they request criminal investigatory records, confidential records, and records wherein individuals have asserted a privacy interest that this office is obligated to Protect. Please be advised there were no 911 calls made from Sewall Avenue on June 16, 2015, about the shooting that occurred there, OPRA does not authorize a party to make a blanket request for “every document” or “all” documents, Be i stafford Polic 381 30, 37, 39 (App. Div. 2005). Therefore, your general Fequest cannot be fulfilled as it neither ‘identifies nor describes with any specificity or particularity the records sought. MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 Nu. Super. 534 (App. Div. ‘http://www. prosecutor.co.monmouth.nj.us2005), B il on Affordable Housing, 390 NJ. Supet. 166 (App. Div. 2007), and Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009). . ‘Your requests for “the incident report... police radio transmission related to the incident, and any previous reports” and your requests for ‘\police communications related to the incident, including, but not limited to, communications with the Seidle family members on that date or leading up to the shooting” are requests for criminal investigatory records, N.IS.A. 47:1A-1,1 defines a criminal investigatory record: A record which is not required by law to be made, maintained or kept on file that is held by a law enforcement agency, which pertains to any criminal investigation, “Criminal investigatory files include records involving all manner of crimes, resolved or unresolved, and include information that is part and parcel of an De investigation, confirmed ‘or unconfirmed.” y. Bublic Safety, GRC Complaint Nos. 2002-79 and 2002-80, Analysis and Conclusion; Nance v, ins "Township Police t Custodian of GRC Complaint No, 2003-125 records pertaining to disorderly persons offenses, including petty offenses, which are not required by law to be made, maintained or kept on file that is held by a law enforcement agency involving a criminal investigation are deemed to be “criminal investigatory records," and are not isclosable, pursuant to OPRA”). Police reports are not part of public record. R. 1:38-3(1,3), Criminal investigatory records are exempt from disclosure in response to an OPRA request NASA. 47:14-1.1(1), The status of the investigation is not controlling as to categorization of ‘the document or the file. See Janeczko, supra; Johnson/Press of Atlantic Ci New Jersey Division of State Police, GRC Complaint No. 2004-46; Harvey v. Division of State Police, GRC ‘Complaint No.2004-65. ‘Thus, records of officers’ daily activities, including CAD reports detailing information received by or from police dispatchers, log book notations, daily activity logs, daily bulletins, daily statistical sheets, tally sheets, and vehicle logs, various forms of audio and video recordings, transcriptions therecf, communications among police officers and between police officers and others; and recordings made by mobile video recorders (MVRs), use of force reports (UERS), police reports, incident reports, operation reports, investigation reporis, offense reports, and supplemental reports that relate to criminal investigative activities pertain to a criminal investigation and are exempt from access in response to an OPRA. request. Me ‘Group, Ine, v, Tp. Of Lyndhurst, et, al, Docket No. A-2523-14TI decided June 11, 2015, NJ. Super. __ slip Op. at 43-45 (App. Div. 2005). Accordingly, your requests for the records relating to a criminal investigation are denied, NWLS.A. 47:1A-1.1(1); NJ.S.A, 47:1A-3a. ‘Your request is also inclusive of records that are confidential under other laws. See NASA, 2C:25-33; 8-3(c)(12) and (4)(9-10). Any records that are confidential under law will not be produced in response to an OPRA request. NJS.A. 47:1A-9a. Therefore, your request is denied. Butala v, Township of Aberdeen, GRC Complaint No, 2014-194 (February 2015); VanBree v, Bridgewater Twp. Police Dep't (Somerset), GRC Complaint No. 2014-122 (October 2014). This office does have three recordings of 911 tapes that may fall within your request for “9-1-1 calls related to the Phillip Seidle shooting on June 16, 2015 on Sewall Avenue in Asbury Park” and your follow-up request. A 911 tape falls within the definition of a “government record” in NULS.A, 47:1A-1.1.” Serrano v, South Brunswick Tp., 358 NJ. Super. 352, 364-65, (App. Div. 2003). However, the legislative history of the OPRA statute demonstrates that the Legislature intended to provide protection against disclosure of 911 tapes in those instances in which a person had a reasonable expectation of privacy. Asbury Park Press v. Ocean County Prosecutor's Office 374 N.J. Super. 312, 330-31 (Law Div 2004), The correct approach is to ‘harmonize the language in sections 1 and 5 of OPRA and balance the interests each section advances: ready access to government documents while safeguarding the citizen's reasonable ‘expectation of privacy. Burnett v. County of Bergen, 198 N.J, 408, 425-26 (2009). To balance OPRA's interests in privacy and access the following factors are considered: (1) the type of record request Q) the information it does or might contain; (3) the potential for harm in any subsequent nonconsensual disclosure; (4) the injury from disclosure to the relationship in which the record was generated; G) the adequacy of safeguards to prevent unauthorized disclosure; (© the degree of need for access; and (7) whether there. is an express statutory mandate, articulated public policy, or other recognized public interest militating toward access. Bumett, supra, 198 NJ. at 427. A request for 911 tapes is properly denied where the custodian determines the release would: (1) violate the privacy provision set forth in NLS.A. 47:1A-1; @) violate the Victim's Rights Amendment which provides that "a victim of a crime shall be treated with faimess, compassion and respect by the criminal Justice system." N.J. Constitution, Article I, Paragraph 22; @) violate the Crime Victim's Bill of Rights which provides that a crime victim is “[t]o be treated with dignity and compassion by the criminal justice system’ Nd.S.A. 52:4B-360. Asbury Park Press, 374 N.J. Super. at 315, 331, ‘The callers in all three recordings have expressed to this office that they wish to assert a claim of privacy in the information provided to the 911 dispatcher. Additionally, the recordings of the three conversations with the dispatchers also recorded other private conversations that occurred in the background, off of the phone, involving individuals ‘who were not parties to the 911 call. Individuals who were incidentally recorded have also asserted to this office a claim of privacy in their information and conversations that ‘were incidentally recorded, Furthermore, information was recorded in the 911 calls and incidental conversations that relates to third parties who were not present when this information was provided. Those individuals have also asserted a privacy interest in their information, Therefore, releasing these recordings would violate the privacy rights of multiple individuals and the three 911 call recordings are exempt pursuant to NIS.A 471A. ‘What is more, most of these individuals fall within the statutory and Constitutional definitions of a Crime Victim. Discegarding their claim of a right to privacy would violate the Victim's Rights Amendment and the Crime Victim's Bill of ‘Rights which provides that a crime victim is "[tJo be treated with dignity and compassionby the criminal justice system.” N.J. Constitution, Article I, Paragraph 22; N.LS.A. 52:4B-36a, Therefore, the request for the 911 calls is denied. To be clear, on the three 911 calls related to the Seidle family and the shooting, none of the callers placed their call from the comer of Ridge and Sewall Avenues, There are no calls from the defendant, no calls from the homicide victim, and no calls describing the shooting that occurred at the comer of Ridge and Sewall Avenue, Privacy interests were asserted by all of the callers and those included on the recordings. Releasing such information despite their asserted interest could damage their relationship with the criminal justice system in which they may participate as witnesses and/or victims. Releasing such information despite the asserted privacy interests could damage the callers’ personal relationships with the individuals whose information and conversations were incidentally and unknowingly included on the recordings. Under the required analysis, it also has to be noted that you are requesting this information on behalf of a news agency, meaning there are no safeguards in place to Prevent further disclosure if the private information is released. In light of the express mandate in OPRA to protect privacy, the express mandates in the Constitution and the Crime Victim's Bill of Rights to respect these individuals and treat them with faimess and compassion, the request for the 911 tapes is denied, In the event of a clarification or appeal, this office reserves the right to raise any other ‘ground for denial not raised in this response, The failure of this office to assert an exception or privilege at this time does not act as a waiver of any grounds for denial. ‘Very truly yours, CHRISTOPHER J, GRAMICCIONT ACTING MONMOUTH COUNTY PROSECUTOR By: Carey Ufo Special Deputy Attomey General Acting Assistant Prosecutor Director Forfeiture‘Monmouth County Prosecutor's Office Information/Record Request Form Requestor Information (Optional)* Name: Alex Napoliello Address: 485 Route 1 South, Building E, Suite 300 Telephone Number: (862) 763-1409 Signature: Alexander Napoliello Date of Request: June 18, 2015 Description of Record(s) Requested: ‘The incident report and 9-1-1 calls related to the Phillip Seidle shooting on June 16, 2015 on Sewall Avenue in Asbury Park. Additionally, any police radio transmission related to the incident, and any previous reports involving Phillip and Tamara Seidle, Date Received: Co/) (= Date Records will be available; _€2 Lv/'k Records Provided: Fee**; Unable to provide requested material dcRequest Denied Reason: ‘The document or documents listed below and requested by you ae not being provided because the document or documents are not public records as provided by law, as noted below: Privileged o Proteted Category Authority +6 Amopey Report NISA7:14-1., e509, +8 Chikdabiteorsex ast vein name or des NISA 24th © 8 Cour reords ete sete Order) 0 ‘Computer security information NASA. faaaneoee et Gn investignry records NUSALATIAL I et04 : Greitcard ucts NISA diately + § Grand fay tetmony, iomaion Court Rae3167 + © Grievance information with public employer NISA.AT1A-LL, e309,Domestic Violence date NISA. 2025-33 . Drivers’ license numbers NJSAL47:1A-13, e909, + 8 DYPS information NISA: 9:68.10 + 9 Blectronie Surveillance Materials NASA: 245156419 + 8 Emergeney or security information or procedures NJSA. 47:1A-L41, et seq + 8 Employee sexual harassment complaints NJSA.47:1A-L1, et 09, + 9 Fingerprint cards Executive Order 69 Interagency or intra agency advisory communications NJ.S.A.47:1A-1 1, et eq, © ——_Tuyenile records NISA. 2A:44-60" + © Labor Negotiation information, strategy or positions NJSA.ATIACLL ets0g, + 8 Medical Examiner NISA. 47:14 + 8 Otherwise inappropriate material + 8 Pension and personnel records +e Photographs Onder 69 +6 Pre Sentence Investigations ‘State v. DeGeorge, 113 NI ‘Super.542 (App, Div. 1971) + @ "Public Agency insurance communications NISA. 4714-11, otse9, + 8 Safety of persons or public NISA.47:1A-L1, ot seq Exee, Order 69 + 0 Security measures and survelllanes techniques, NISA. 47:1A-L 1, et 80g, + © Social Security Numbers NJSA. 4714-11, et seq, + 8 Unlisted Telephone Numbers NSA. 47:14-11, et seq. © Victim locations (Domestic Violence) NISA. 2025-260, ® Victim records ISA. 47:1A-1.1, et seq +8 Record as been destroyednot retained pursuant to Records Retention and Disposition Schedule (NU Dept. of State, Div. of Archives Mgnt.) UU ——L CUSTODIAN’S SIGNATURE: 4a sen Date: Ceof2.G [i {if requestor information is not provided a deposit of $10.00 will be required. This deposit will be put toward any cost incurred. “*If the cost for information requested is over $25.00 a deposit may be requested before copying. All fees must be paid in fll for release of requested records. Alll checks payable to the County of Monmouth Procedure for Submission: Members of the public who are requesting copies of records are encouraged to complete this ‘Request for Public Records form. Renna v, County of Union, 407 N.J. Super, 230 (App. Div. 2009), ‘The form or other written request must be placed in an envelope addressed to: Monmouth County Prosecutor's Office 132 Jerseyville Avenue Freehold, New Jersey 07728Attn: OPRA Custodian of Records and either mailed or taken directly to the Prosecutor's Office. This office does NOT accept OPRA requests by email. Paff v. City of East Orange , 407 N.J. Super. 221, 227-28 (App. Div.), certif. denied, 200 N.J. 476 (2009),jure for Filing an Aj A person who is denied access to a government record by the custodian of the record, at the option of the requestor, may; Institute a proceeding to challenge the custodian’s decision by filing an action in Monmouth County Superior Court which shall be heard by a Superior Court Judge who has been designated to hear such cases because of that judge's knowledge and expertise in matters relating to access. to government records; or in lieu of filing an action in Superior Court, file a complaint with the Government Records Council established is subsection 8 of P, 1L,2001, ¢.404 (C.47:1A-7). ‘The right to institute any proceeding under this section shall be solely that of the requestor, Any such proceeding shall proceed in a summary or expedited manner, The public agency shall have ‘the burden of proving that the denial of access is authorized by law. If it is determined that access has been improperly denied, the court or agency head shall order that access be allowed. A requestor who prevails in any proceeding shall be entitled to a reasonable attorney's fee,Monmouth County Prosecutor's Office Information/Record Request Form ‘Requestor Information (Optional)* Name: Alex Napoliello Address: 485 Route 1 South, Building E, Suite 300 ‘Telephone Number: (862) 763-1409 Signature: Alexander Napoliello Date of Request: June 18, 2015 Description of Record(s) Requested: ‘The incident report and all 9-1-1 calls related to the Phillip Seidle shooting on June 16, 2015 on Sewall Avenue in Asbury Park. Additionally, all police communications related to the incident, including, but not limited to, communications with the Seidle family members on that date or leading up to the shooting. Date Received: >. td he Date Records will be available: _ YS Records Provided: Feet*: Unable to provide requested material x. Request Denied Reason: ‘The document or documents listed below and requested by you are not being provided because the document or ‘documents are not public records as provided by law, as noted below: Privileged or Protected Category Authority +8 Autopsy Reports NISA.47:1A-L1, ot 30g ‘ ‘Child abuse or sex assault victim name or address NJS.A.24:82-400 . Cour records sealed Executive Order 69 . Compater security information NISA, ATAACLL, et 309, Criminal investigatory records seg. e Credit Card Numbers NJSA.47:1A-11, et seq. + 8 Grand Jury testimony, information (Court Rule 3:6-7, + @ Grievance information with public employer NISA.STIAALA, ots,ee) Domestic Violence data NISA, 2025-33 Drivers" license numbers NISAL4TIA-LI et 8 © DYFS information NASA. 9:6-8.10 + 8 Blectronie Surveillance Materials NIS.A!24:156A-19 + 9 Emergency or security information or procedures NISAL47:1A-L1, et seq, + Employee sexual harassment complaints NSA. 47IA-11, 809, +8 Fingerprint cards Executive Order 69 : Interagency or intra agency advisory communications NLLS.A.47:14c1.1 et 09, Juvenile records NISA. 2044-60 Labor Negotiation information, strategy or postions NISAL4T:1A-L1, ot seq, ‘Medical Examiner Photographs NJS.A. ATLA, of 90g, Otherwise inappropriate material Executive Order 69 Pension and personnel records NJSA. 47:14-1.1, et seq, +8 1 309.3 Exec, Onder 69 + @ Pre Sentence Investigations State v. DeGeorge, 113 NI ‘Super 542 (App. Div, 1971) + 8 Public Agency insurance communications NJSA. 47-14-11, et seq. + 8 Safety of persons or public NISA. 471A, et 30q5 Exes. Order 69 + 8 Security measures and surveillance techniques, NISA. 47-14-11, et seq. + 8 Social Security Numbers NJSA.47:1A-11, et seq, + © Unlisted Telephone Numbers NJSA.47:1A-LI ot eq, + 8 Victim locations (Domestic Violence) NISA. 2625-266, + & —— Vietim records NJS.A. 4714-1. et seq. + 8 Record is been destroyed/ot retained pursuant to: Records Retention and Disposition Schedule (NI Dept. of State, Div. of Archives Mgmt) ee Nis Vics ins CUSTODIAN’S SIGNATURE: Date: _Q folic {if requestor information is not provided a deposit of $10,00 will be required. This deposit will bbe put toward any cost incurred, "If the cost for information requested is over $25,00 a deposit may be requested before copying. All fees must be paid in full for release of requested records, Alll checks payable to the County of Monmouth ros Sub) Members of the public who are requesting copies of records are encouraged to complete this Request for Public Records form. Renna v, County of Union, 407 NJ. Super. 230 (App. Div, 2009). ‘The form or other written request must be placed in an envelope addressed to: ‘Monmouth County Prosecutor's Office 132 Jerseyville Avenue Frechold, New Jersey 07728Attn: OPRA Custodian of Records and either mailed or taken directly to the Prosecutor's Office, This office does NOT accept OPRA requests by email. Paffv. City of Bast Orange , 407 N.J. Super, 221, 227-28 (App. Div), eertif. denied, 200 NJ 476 (2009),for Al A person who is denied access to a goverment record by the custodian of the record, at the option of the requestor, may; Institute a proceeding to challenge the custodian's decision by filing an action in Monmouth County Superior Court which shall be heard by a Superior Court Judge who has been designated to ear such cases because of that judge's knowledge and expertise in matters relating to access {0 government records; or in liew of filing an action in Superior Court, fle a complaint with the Goverment Records Council established is subsection 8 of PLL.2001, ¢.404 (C.47:1A-7), ‘The right to institute any proceeding under this section shall be solely that of the requestor. Any such proceeding shall proceed in a summary or expedited manner, The public agency shall have ‘the burden of proving that the denial of access is authorized by law. Ifit is determined that ‘access has been improperly denied, the court or agency head shall order that access be allowed, ‘A requestor who prevails in any proceeding shall be entitled to a reasonable attorney's fee,