Dear Rutgers University,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
The arrest record and available body camera footage for the apprehension of Patrick B. Kelly on October 17th, 2019.

Yours faithfully,

Kyle Varellie

Rutgers Open Public Records Center,

Dear Varellie:

Thank you for submitting your request for government records of Rutgers,
The State University of New Jersey. Your request has been received and is
being processed in accordance with the New Jersey Open Public Records Act
(OPRA), NJSA 47:1 et seq. Your request was received through the online,
public portal [1]Rutgers University Open Public Records Center of this
office on 11/5/2019 and given the reference number R005429-110519.  

Your request will be forwarded to the Office of the Custodian of
Records for review and processing, including determining the volume of
responsive documents and any potential costs associated with satisfying
your request. Please note, the N.J. Open Public Records Act does not
require the University to create new documents, to conduct research, or to
answer questions for information.

Records Requested: Dear Rutgers University, This is a request for public
records made under OPRA and the common law right of access. I am not
required to fill out an official form. Please acknowledge receipt of this
message. Records requested: The arrest record and available body camera
footage for the apprehension of Patrick B. Kelly on October 17th, 2019.
Yours faithfully, Kyle Varellie

The Office of the Custodian of Records uses the [2]Rutgers University Open
Public Records Center to communicate with you, respond to and track all
open public records requests.  If you have submitted your request
electronically through Rutgers Open Public Records Center portal, you have
already been required to create an account.

Notice to First Time Portal Users:

If you are a first time user and did not submit your request through the
public portal, you are receiving this request because the Rutgers Office
of the Custodian has created an account for you at the [3]Rutgers
University Open Public Records Center . 

To access your account and view your request:

1.Go to: [4]Rutgers University Open Public Records Center.

2. Select/open  "My Records Center"
3. Enter your email and password as provided in your previously received
Welcome Letter.

You can monitor your request through the [5]Rutgers University Open Public
Records Center at "My Request Center."

Thank you and if you have questions, you  may contact the OPRA
Administrator at (973) 972-1981.

 

Rutgers, The State University of New Jersey

University Custodian of Records

Office of Enterprise Risk Management, Ethics and Compliance

65 Bergen Street, Ste. 1346 

Newark, New Jersey 07101-1709

Phone: (973) 972-1981

Fax: (973) 972-2396

References

Visible links
1. https://u8387795.ct.sendgrid.net/wf/clic...
2. https://u8387795.ct.sendgrid.net/wf/clic...
3. https://u8387795.ct.sendgrid.net/wf/clic...
4. https://u8387795.ct.sendgrid.net/wf/clic...
5. https://u8387795.ct.sendgrid.net/wf/clic...

Rutgers Open Public Records Center,

Attachments:
[1]19RN01602_Arrest_Report_Redacted.pdf

--- Please respond above this line ---

Reference: Rutgers Open Public Records Request, # R005429-110519

 Dear Varellie,

Please accept this letter as the University Custodian of Records response
to your request for records pursuant to the Open Public Records Act
(“OPRA”). On November 05, 2019, this office received your request for the
following:

“Dear Rutgers University,

This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
Records requested:
The arrest record and available body camera footage for the apprehension
of Patrick B. Kelly on October 17th, 2019.

Yours faithfully,

Kyle Varellie”

The University has reviewed your request. The responsive document(s) is
now available to you through the Rutgers University Open Records Center.
Please log in to the [2]Records Center and "My Records Center" to retrieve
the appropriate responsive document(s). The document(s) is also attached
to this email for your convenience. 

 

Please note that as per the Criminal Investigatory Records exemption
(N.J.S.A. 47:1A-1.1 – exemption #4) in the Open Public Records Act (OPRA),
your request for "body camera footage for the apprehension of Patrick B.
Kelly on October 17th, 2019" is denied. A “criminal investigatory record”
is defined by the statute as “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 or related civil enforcement
proceeding.” N.J.S.A. 47:1A-1.1. The Government Records Council (“GRC”)
has held that this definition “includes commonly made police records such
as incident reports, supplemental reports and operations reports.” Blue v.
Wall Township Police Department, GRC Complaint 2002-47 (August 22, 2003).
The GRC has consistently held that investigation reports are not required
to be made, maintained or kept by law and are exempt from OPRA. See Briggs
v. City of Trenton, GRC Complaint No. 2007-58 (March 28, 2007); McCrone v.
Burlington County Prosecutor’s Office, GRC Complaint 2005-146 (November
22, 2005). Accordingly, your request is denied because criminal
investigative reports are exempt from OPRA as criminal investigatory
records.  

Moreover, as the Court in North Jersey Media Group, Inc. v. Township of
Lyndhurst recently held, “Treating internal agency directives on record
creation or retention as ‘required by law’ would also create an anomaly
under the law…. Thus, an agency may, through formally promulgated
regulations, both require the making of a document, and exempt it from
access.” No. A-2523-14T1 (N.J. Super. Ct. App. Div. June 11, 2015). In
that case, the Court ruled that police reports, incident reports,
operation reports, investigation reports and offense reports are not
required by law to be created and are thus exempt under OPRA. Id at 21.
Accordingly, because the investigation report responsive to your above
request is a criminal investigatory record, your request is denied.
Nevertheless, please be advised that you may be able to obtain a copy of
this report by submitting a police records request, the form for which is
available at http://rupd.rutgers.edu/records.php.
 
If your request has been denied, you may take your appeal to the New
Jersey Government Records Council (NJGRC), which has mediation and dispute
resolution procedures, or you may file a lawsuit with the New Jersey
Superior Court, as provided by N.J.S.A. 47:1A-1, et seq. Your rights of
appeal is provided with this letter at [3]Public Facing Pages of the
Rutgers University Open Public Records Request Center. You may also review
the brochure at the [4]Rutgers Custodian of Records page or visit the
[5]NJGRC page.
 

If you have any questions, or wish to discuss this further, you may
contact my office at 973.972.1981.

Sincerely,

Jewell Battle

 

Rutgers, The State University of New Jersey

 

 

 

 

To monitor the progress or update this request please log into the [6]Open
Public Records Center.

References

Visible links
1. https://u8387795.ct.sendgrid.net/wf/clic...
2. https://u8387795.ct.sendgrid.net/wf/clic...
3. https://u8387795.ct.sendgrid.net/wf/clic...
4. https://u8387795.ct.sendgrid.net/wf/clic...
5. https://u8387795.ct.sendgrid.net/wf/clic...
6. https://u8387795.ct.sendgrid.net/wf/clic...