Internal Affairs report - Dep. Chief Kevin Gottheiner

JerseyNoodge made this OPRA request to Haledon Borough

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Response to this request is long overdue. By law, under all circumstances, Haledon Borough should have responded by now (details). You can complain by requesting an internal review.

Dear Haledon Borough,

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:

Police Internal Affairs report concerning a failure to follow orders complaint filed by Chief Louis Mercuro against Deputy Chief Kevin Gottheiner during 2014. Please include copies of all related records (daily logs, case reports, photographs, summonses, correspondence and emails to/from the Borough Administrator and/or governing body, etc.).

Please be advised that public disclosure of Internal Affairs reports is mandatory under the New Jersey Supreme Court unanimous opinion in the case "Richard Rivera v. Union County Prosecutor`s Office", 249 A.3d 869, 250 N.J. 124, decided March 14, 2022.

Yours faithfully,

JerseyNoodge

Borough of Haledon

Open Public Records Request

 

Reference # OPRA-2022-00378

 

Dear JerseyNoodge ,

 

Borough of Haledon has received your Open Public Records Act (OPRA)
request dated 09/02/2022. The official Records Custodian received your
request on 09/02/2022. As such, the seven (7) business day deadline to
respond to your request is 09/14/2022.

 

Your OPRA request sought access to the following information:

Police Internal Affairs report concerning a failure to follow orders
complaint filed by Chief Louis Mercuro against Deputy Chief Kevin
Gottheiner during 2014. Please include copies of all related records
(daily logs, case reports, photographs, summonses, correspondence and
emails to/from the Borough Administrator and/or governing body, etc.).
Please be advised that public disclosure of Internal Affairs reports is
mandatory under the New Jersey Supreme Court unanimous opinion in the case
`Richard Rivera v. Union County Prosecutor`s Office`, 249 A.3d 869, 250
N.J. 124, decided March 14, 2022.

 

Your request is in review as of 09/02/2022 and will be responded to
within 7 business days.

 

If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by Borough of Haledon to deny access. At
your option, you may either institute a proceeding in the Superior Court
of New Jersey or file a complaint with the Government Records Council
(GRC) by completing the Denial of Access Complaint Form.  You may contact
the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819,
Trenton, NJ, 08625, by e-mail at [email address], or at their web site
at www.state.nj.us/grc. The GRC can also answer other questions about the
law.  All questions regarding complaints filed in Superior Court should be
directed to the Court Clerk in your County.

 

Sincerely,

 

Allan Susen, RMC, MMC

Municipal Clerk/Administrator

 

1 Attachment

Borough of Haledon

Open Public Records Request

 

Reference # OPRA-2022-00378

 

Dear JerseyNoodge ,

 

Borough of Haledon acknowledges the receipt of your Open Public Records
Act (OPRA) record request and will respond to your request within 7
business days starting tomorrow or the next business day.

 

Your OPRA request sought access to the following information:

Police Internal Affairs report concerning a failure to follow orders
complaint filed by Chief Louis Mercuro against Deputy Chief Kevin
Gottheiner during 2014. Please include copies of all related records
(daily logs, case reports, photographs, summonses, correspondence and
emails to/from the Borough Administrator and/or governing body, etc.).
Please be advised that public disclosure of Internal Affairs reports is
mandatory under the New Jersey Supreme Court unanimous opinion in the case
`Richard Rivera v. Union County Prosecutor`s Office`, 249 A.3d 869, 250
N.J. 124, decided March 14, 2022.

 

(Do not reply to the sending address of this email as this account is not
monitored).

A copy of your request is attached.

 

Thank You,

 

Allan Susen, RMC, MMC

Municipal Clerk/Administrator

 

Borough of Haledon

Open Public Records Request

 

Dear JerseyNoodge ,

 

With regard to your OPRA Request Reference OPRA-2022-00378, please be
advised that an extension is required due to Police Department is still
working on this request and they need more time.. The extension period has
been extended to 10/10/2022.

 

Original Request

Police Internal Affairs report concerning a failure to follow orders
complaint filed by Chief Louis Mercuro against Deputy Chief Kevin
Gottheiner during 2014. Please include copies of all related records
(daily logs, case reports, photographs, summonses, correspondence and
emails to/from the Borough Administrator and/or governing body, etc.).
Please be advised that public disclosure of Internal Affairs reports is
mandatory under the New Jersey Supreme Court unanimous opinion in the case
`Richard Rivera v. Union County Prosecutor`s Office`, 249 A.3d 869, 250
N.J. 124, decided March 14, 2022.

 

Should the documentation become available sooner, we will provide same to
you prior to the date referred to above.

 

If you have any questions about the handling of the request, please
contact us at (973) 595-7766 and quote the reference number stated above.

 

Thank you,

 

Allan Susen, RMC, MMC

Municipal Clerk/Administrator

1 Attachment

Borough of Haledon

Open Public Records Request

 

Reference # OPRA-2022-00378

 

Dear JerseyNoodge ,

 

Borough of Haledon has fulfilled your Open Public Records Act (OPRA)
request as of 10/07/2022.

 

Your OPRA request sought access to the following information:

Police Internal Affairs report concerning a failure to follow orders
complaint filed by Chief Louis Mercuro against Deputy Chief Kevin
Gottheiner during 2014. Please include copies of all related records
(daily logs, case reports, photographs, summonses, correspondence and
emails to/from the Borough Administrator and/or governing body, etc.).
Please be advised that public disclosure of Internal Affairs reports is
mandatory under the New Jersey Supreme Court unanimous opinion in the case
`Richard Rivera v. Union County Prosecutor`s Office`, 249 A.3d 869, 250
N.J. 124, decided March 14, 2022.

 

 

The records are being transmitted to you via Email. Pursuant to N.J.S.A.
47:1A-5.b. the cost associated with this request is $0.00.

 

You have a right to challenge the decision by Borough of Haledon to deny
access. At your option, you may either institute a proceeding in the
Superior Court of New Jersey or file a complaint with the Government
Records Council (GRC) by completing the Denial of Access Complaint Form. 
You may contact the GRC by toll-free telephone at 866-850-0511, by mail at
P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at
their web site at www.state.nj.us/grc. The GRC can also answer other
questions about the law.  All questions regarding complaints filed in
Superior Court should be directed to the Court Clerk in your County.

 

Sincerely,

 

Allan Susen, RMC, MMC

Municipal Clerk/Administrator