Dear NJ Department of Health Division of Public Health Infrastructure, Laboratories and Emergency Preparedness,

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:

I am requesting the following information in regards to the DOH/OEMS investigation of the South River Rescue Squad and/or it's line officers from CY2018:

1. A copy of all interview notes, paperwork or other documents from any interviews conducted in the course of this investigation.
2. A copy of all notes, paperwork or other documents generated as a result of the DOH/OEMS inspection of the South River Rescue Squad.
3. A copy of the original documents that lead to the investigation.
4. A copy of all correspondence between the DOH/OEMS and the Borough of South River in regards to the investigation.
5. A copy of all notes, paperwork or other documents used to make the final determination in the investigation.
6. A copy of any documents generated that explain the final determination of the investigation.

Starr, Thomas A, NJ Department of Health Division of Public Health Infrastructure, Laboratories and Emergency Preparedness

Dear requestor:

 

The individual responsible for these records is on vacation and is
expected to return on Tuesday, January 22. I expect a response by January
25th

 

Sincerely,

 

Thomas A. Starr, MICP

Records Custodian

New Jersey Department of Health

Division of Public Health Infrastructure, Laboratories and Emergency
Preparedness

Office of Emergency Medical Services

PO Box 360, EMS Trenton, NJ 08625-0360

609-633-7777 Office

E-Mail: [1][email address]

Website: state.nj.us/health/ems

 

Confidentiality Notice: This e-mail, including any attachments, may
include advisory, consultative and/or deliberative material and, as such,
would be privileged and/or confidential and not a public document. Any
information in this e-mail identifying a client of the Department of
Health or including protected health information is confidential. If you
received this e-mail in error, you are not authorized to review, transmit,
convert to hard copy, copy, or in any way further use or disseminate this
e-mail or any attachments to it. You must immediately notify the sender
and delete this message. If the email you received in error contained
client or protected health information, you must also notify the Data
Privacy Officer immediately at [email address] and confirm in
writing that you deleted the email(s)/attachment(s) and that you did
not/will not further use or disclose the information contained in the
email.

References

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Dear Starr, Thomas A,

The 25th has come and gone. When will I have the information?

Donald Clark left an annotation ()

“The 25th has come and gone. When will I have the information?” - says the guy who posted this on the 25th

DOH-DHEPRCUSTODIAN, NJ Department of Health Division of Public Health Infrastructure, Laboratories and Emergency Preparedness

Dear Requestor: 

 

            Please be advised that the Department of Health (DOH) (the
Department), Office of Emergency Medical Services (OEMS), is in receipt of
your request regarding the DOH/OEMS investigation of the South River
Rescue Squad and/or it's line officers from CY2018:

1.    A copy of all interview notes, paperwork or other documents from any
interviews conducted in the course of this investigation.

2.    A copy of all notes, paperwork or other documents generated as a
result of the DOH/OEMS inspection of the South River Rescue Squad.

3.    A copy of the original documents that lead to the investigation.

4.    A copy of all correspondence between the DOH/OEMS and the Borough of
South River in regards to the investigation.

5.    A copy of all notes, paperwork or other documents used to make the
final determination in the investigation.

6.    A copy of any documents generated that explain the final
determination of the investigation

The Department has not made any findings of fact or conclusions with
respect to the investigation at this time.  The records you have requested
to review and/or copy contain information that will be evaluated by OEMS
staff members to help determine what, if any, Departmental action will be
required in response to the complaint.  Disclosure of the requested
records prior to the conclusion of the investigation could undermine the
integrity of the investigation and/or impair the Department’s ability to
take appropriate action in response to the complaint that gave rise to the
investigation.  Therefore, disclosure of the requested records would be
inimical to the public interest. 

 

            N.J.S.A. 47:1A-3a provides that, “Notwithstanding the
provisions of P.L. 1963, c. 73 ([1]C. 47:1A-1 et seq.) as amended and
supplemented, where it shall appear that the record or records which are
sought to be inspected, copied, or examined shall pertain to an
investigation in progress by any public agency, the right of access
provided for in P.L. 1963, c. 73 ([2]C. 47:1A-1 et seq.) as amended and
supplemented may be denied if the inspection, copying or examination of
such record or records shall be inimical to the public interest; provided,
however, that this provision shall not be construed to allow any public
agency to prohibit access to a record of that agency that was open for
public inspection, examination, or copying before the investigation
commenced. Whenever a public agency, during the course of an
investigation, obtains from another public agency a government record that
was open for public inspection, examination or copying before the
investigation commenced, the investigating agency shall provide the other
agency with sufficient access to the record to allow the other agency to
comply with requests made pursuant to P.L. 1963, c. 73 ([3]C. 47:1A-1 et
seq.).” 

 

            Inasmuch as disclosure of the requested records would be
inimical to the public interest because they are part of an open and
continuing investigation, your request to review and/or copy the
audio/video recording of the interview with Daniel A. Rivera and his
partner is denied. 

 

            N.J.S.A. 47:1A-6 provides that, “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 Superior Court which shall be
heard in the vicinage where it is filed 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 pursuant to section 8 of P.L.2001,
c.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.” 

 

            N.J.S.A. 47:1A-8 provides that, “Nothing contained in
P.L.1963, c.73 (C.47:1A-1 et seq.) , as amended and supplemented, shall be
construed as limiting the common law right of access to a government
record, including criminal investigatory records of a law enforcement
agency.”

 

            N.J.S.A. 47:1A-9 provides that, “The provisions of this act,
P.L.2001, c.404 (C.47:1A-5 et al.), shall not abrogate any exemption of a
public record or government record from public access heretofore made
pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.); any other statute;
resolution of either or both Houses of the Legislature; regulation
promulgated under the authority of any statute or Executive Order of the
Governor; Executive Order of the Governor; Rules of Court; any federal
law; federal regulation; or federal order.

 

            The provisions of this act, P.L.2001, c.404 (C.47:1A-5 et
al.), shall not abrogate or erode any executive or legislative privilege
or grant of confidentiality heretofore established or recognized by the
Constitution of this State, statute, court rule or judicial case law,
which privilege or grant of confidentiality may duly be claimed to
restrict public access to a public record or government record.” 

                                   

            If you have any questions concerning this communication,
please call me at 609-633-7777. 

 

 

Sincerely,

 

Thomas A. Starr, MICP

Records Custodian

New Jersey Department of Health

Division of Public Health Infrastructure, Laboratories and Emergency
Preparedness

Office of Emergency Medical Services

PO Box 360, EMS Trenton, NJ 08625-0360

609-633-7777 Office

E-Mail: [4][email address]

Website: state.nj.us/health/ems

 

Confidentiality Notice: This e-mail, including any attachments, may
include advisory, consultative and/or deliberative material and, as such,
would be privileged and/or confidential and not a public document. Any
information in this e-mail identifying a client of the Department of
Health or including protected health information is confidential. If you
received this e-mail in error, you are not authorized to review, transmit,
convert to hard copy, copy, or in any way further use or disseminate this
e-mail or any attachments to it. You must immediately notify the sender
and delete this message. If the email you received in error contained
client or protected health information, you must also notify the Data
Privacy Officer immediately at [email address] and confirm in
writing that you deleted the email(s)/attachment(s) and that you did
not/will not further use or disclose the information contained in the
email.

References

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