BRADLEY D. BILLHIMER
MICHAEL T. NOLAN, JR.
Ocean County Prosecutor
First Assistant Prosecutor
VINCENT A. PETRECCA
ROBERT J. ARMSTRONG
Chief of Detectives
Deputy First Assistant Prosecutor
OFFICE OF THE PROSECUTOR
Courthouse Annex Building
119 Hooper Avenue
P.O. Box 2191
Toms River, New Jersey 08754-2191
June 25, 2020
Via OPRA Machine: [email protected]
RE: Open Public Records Act (OPRA) Request
Brady & Giglio Directive/Policy
Enclosed please find the Ocean County Prosecutor’s Office Directive/Policy pursuant to
your request made under the New Jersey Open Public Records Act (OPRA).
The additional request for “any officers identified to date that fall within these
guidelines”, is denied. The attached policy states: “All potential Giglio information obtained
from a law enforcement agency or a law enforcement officer shall be carefully protected and
kept confidential within a separate file maintained in the Professional Standards Unit and any
disclosure shall be consistent with this Policy.” The policy further states:
“Obtaining and disclosing potential Giglio material is a completely confidential
process. As such, all documents requested and obtained shall be kept confidential
and secured in the Professional Standards Unit and shall not be shared with or
disclosed to any person except in a manner consistent with this Policy. Giglio
material shall be released to the defense and the court only as provided herein.
Personnel and internal affairs files are confidential materials and will not be
released except as pursuant to this Policy.”
The request is further denied based upon the “Confidentiality” section of the Attorney
General’s Internal Affairs Policy & Procedures (IAPP) (Dec. 2019). This document provides
that: “[t]he nature and source of internal allegations, the progress of internal affairs
investigations, and the resulting materials are confidential information. The contents of an
internal investigation case file, including the original complaint, shall be retained in the internal
affairs function and clearly marked as confidential.” Id. at Section 9.6.1. Attorney General
directives have the force of law for law enforcement agencies. North Jersey Media Group, Inc.
v. Township of Lyndhurst, 229 N.J. 541, 565 (2017).
To the extent that the request seeks documents consisting of personnel records, the
request is also denied as personnel records are not considered government records and are
exempt from public access. See N.J.S.A. 47:1A-10. Kovalcik v. Somerset County Prosecutor’s
Office, 206 N.J. 581 (2011); McGee v. Township of East Amwell, 416 N.J. Super. 602 (App.
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.
Should you disagree with our decision, please contact us in writing with your concerns so
that we may consider them. If I can be of further assistance, please contact me at 732-929-2027,
Yours very truly,
Dina R. Khajezadeh
Dina R. Khajezadeh