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Police Officer Dan Davison #674 Violation of Citizen's Constitutional Rights under Threat of Arrest

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PSNJ, Ironbound Media

Howell Township,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested:

On 8/20/2018, Howell Township Police Officer Dan Davison, badge #674, stopped an individual walking down a public road. Officer Davison articulated NO CRIME, yet demanded this individual's personal identification information UNDER THREAT OF ARREST, merely claiming the individual was "suspicious". The officer repeatedly threatened to arrest the individual if he did not comply with unlawful demands, and additionally threatened to break the individual's property.
Howell Township Police Officer Dan Davison exhibited extreme ignorance of the law, his oath, his duties, and the safety and Rights of the public.
The interaction can be seen here:
https://youtu.be/NiM6XbwBWQo

1) Body camera footage of police officer "Dan Davison, badge 674" relating to a "suspicious person" encounter on 8/20/2018 approximately 2215 hours with an individual walking along West Farms Road. (footage to be uploaded to a private YouTube link for viewing at no charge with no special software)

2) Any and all reports generated in regard to the above described incident, including but not limited to CAD records, operations reports, incident reports, activity logs, etc.

3) Any and all CAD records generated in regards and/or relating to police officer Dan Davison #674's activities during his 8/20/2018 - 8/21/2018 shift.

4) Roster of all Howell Police Department police personnel on duty during the above described incident, including officer Dan Davison's immediate supervisor, the shift Watch Commander, and the individual who performed the ACS/ATS/NCIC check via computer, to include rank and badge numbers of all.

5) Copies of any and all Howell Police Department policies and/or procedures regarding and/or relating to the demand by a police officer of a citizen's personal identification information under threat of arrest when no crime has been committed.

6) Copies of any and all Howell Police Department policies and/or procedures regarding and/or relating to conduct of police officers when engaging the public.

7) Copies of any and all Howell Police Department policies and/or procedures regarding and/or relating to the requirement of police officers to identify themselves to the public when requested.

8) Any and all releaseable records concerning Howell Police Officer Dan Davison #674's police academy attendance and academic performance.

9) Howell Police Officer Dan Davison #674 date of hire.

10) Any and all field training records of Howell Police Officer Dan Davison #674.

11) Any and all Howell Police Department training records regarding and/or relating to the Constitutional Rights of the public.

12) Any document naming the Howell Township Attorney.

13) Any document naming Howell Police Officer Dan Davison's "Police Misconduct Insurance" policy carrier.

14) Any and all documents and interoffice communications generated concerning the fulfillment of this OPRA request, including but not limited to reports, emails, memos, notes, phone calls, etc.

Ironbound Media, NJ
Police Officer Accountability Department

Donna Belton, Howell Township

Good Morning,

Your request has been received and will be processed.

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Donna Belton, Howell Township

2 Attachments

Good Afternoon,

 

Please see the attached in response to the OPRA Request.

 

#2/3. Be advised that we are not releasing the only report associated with
this incident (CAD Report), due to the fact that it contains
sensitive/potentially intel-based information.

#1. The BWC footage is in the process of being prepared/redacted to
protect any personal information (special service fee of $75.00 will be
required).

#4. The roster is also not being released of any specific shift (we will
release the roster of officers who worked for that 24-hour period if they
should desire).

#8. Academy attendane and academic performance, not being released.

#9. Ptl. Davison’s date of hire is 08/01/16,

#10.. His field training records/academic performance is not being
released.

#12.  The request for “Any document naming the Township Attorney” is also
denied under the noted exemptions.

#13.  There is no specific Police Misconduct Insurance Carrier, as Ptl.
Davison is part of the NJ PBA Legal Protection Plan.

#14.  Lastly, the only notification in this matter was your OPRA request
being sent to the Police Dept. on 8/21/18 at 9:27 am

Also, attached you will find the list of Exemptions.  This will complete
this request.

 

Thank you and have a good day.

 

 

Regards,

 

Donna Belton

Administrative Assistant

Clerk’s Office

4567 Route 9 North

Howell, NJ 07731

732-938-4500, ext. 2000

[email address]

 

NOTICE OF CONFIDENTIALITY
This message, including any prior messages and attachments, may contain
advisory, consultative and/or deliberative material, confidential
information or privileged communications of the Township of Howell. Access
to this message by anyone other than the sender and the intended
recipient(s) is unauthorized. If you are not the intended recipient of
this message, any disclosure, copying, distribution or action taken or not
taken in reliance on it, without the expressed written consent of the
Township, is prohibited. If you have received this message in error, you
should not save, scan, transmit, print, use or disseminate this message or
any information contained in this message in any way and you should
promptly delete or destroy this message and all copies of it. Please
notify the sender by return e-mail if you have received this message in
error.

PSNJ, Ironbound Media

Donna Belton,

I suggest you review your refusals of certain items requested. Several refusals fall under those which you MUST provide by law. For instance, your CAD records are public and MUST be released, redacting only personal information of victims involved.

Also, $75 for BWC footage is unlawfully excessive. Supplying the information does not fall under "special charge" parameters as described in OPRA. It is clear that you are attempting to charge an excessive amount to avoid releasing the information.

Our legal team is preparing further action should you fail to properly comply with the law.

Review your responses and supply the information as required by law.

Ironbound Media, NJ

Donna Belton, Howell Township

Good Morning,

The requested CAD report needs to be reviewed prior to disclosure because it may contain sensitive information which would require redaction. It is therefore necessary for the Police Department to have an officer take the approximately hour to hour and a half and review the material prior to production. The $75.00 figure represents the anticipated cost for the Police Department’s WatchGuard technician to complete the task. With regard to other social media accounts, please clarify your request and identify the specific accounts for which you would like to request records.

Thank you,

Regards,

Donna Belton
Administrative Assistant
Clerk’s Office
4567 Route 9 North
Howell, NJ 07731
732-938-4500, ext. 2000
[email address]

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PSNJ, Ironbound Media

Howell Township,

Excessive time has passed for this request to be filled.
Please respond immediately with the requested information.

Also, Requiring unreasonable fees for basic gathering of information and/ot data is in violation of the law. Attempting to collect unreasonable fees to dissuade the public from requesting public information is shameful and demonstrates your township's lack of transparency and accountability.

Ironbound Media

Donna Belton, Howell Township

Ironbound Media,

The special service charge applies to review and potential redaction of the BWC footage and the CAD report. The review and redactions are expected to take approximately 1.5 hours. The service charge is related to the amount of time the officer needs to carve out of his normally assigned duties to review and redact the materials. Although Captain Rizzo’s normal hourly rate is $75, we are only charging $55 per hour, which is the rate that used to be charged for a more junior officer’s time prior to his departure.

Thank you,
Donna

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PSNJ, Ironbound Media

Donna Belton,

"Special service charges" by law apply to services applied to documents/materials requested outside of normal public information. Basic reports and standard camera footage DO NOT apply to "special service charge" requested materials.

Ironbound Media has requested these same types of materials/data from MANY other agencies, and we have NEVER been requested to pay "special service charges" for this information, because BY LAW it is not required.

Captain Rizzo and the other junior officer are already salaried public employees, and fulfilling requests for public information is obviously within their job description. We do not need to pay these employees additional sums of money for simply doing their job.

We would be happy to pay for media materials such as a DVD or provide you with a flash drive to place the information on.

Again, you have had more than an ample amount of time to fulfill your requirement according to law to complete this OPRA request. Please cease these unnecessary delays by demanding unreasonable sums of money to provide the public with basic information.

You will find other agencies within the state which have refused to provide public records in the manner you are attempting have lost lawsuits and have cost the taxpayers tens of thousands of dollars.

I'm sure Howell Police and Howell Township do not need any further negative attention for failing to perform their public responsibilities properly.

Ironbound Media

PSNJ, Ironbound Media

Donna Belton,

This is your final chance to provide the Body Worn Camera footage and any related documentation (CAD report, office reports) as required by law WITHOUT your nonsense "special service charge" before a lawsuit is filed against you and Howell Township.

Provide the records as requested immediately.

Ironbound Media

Donna Belton, Howell Township

1 Attachment

Please see email that was sent to your [email address] address this morning at 7:44 asking you to go to the Police Department to pick up the information you are requesting.

Thank you.

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PSNJ, Ironbound Media

Donna Belton,

I did not receive an email. We are a separate entity from "black lung media" and our request is to be answered individually.

Ironbound Media

Donna Belton, Howell Township

As stated you can go to the Police Department and ask for Captain Rizzo he will provide the information requested.

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Donna Belton, Howell Township

The cost is $5.15 for each disc, so total of $10.30 payable ONLY by check, made out to "Howell Township Police".

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PSNJ, Ironbound Media

Donna Belton,

Again, you are absolutely WRONG. Stop making up fake rules. Nowhere in OPRA law does it state that payment must be made in any particular method chosen by the agency supply the information.

This is clearly a scheme by you in a pathetic attempt to circumvent our anonymity and collect personal information.

We will pick up this information, and we will pay as WE choose, which will be exact change in CASH.

You have already taken FOUR MONTHS to fulfill your legal requirement to provide requested public information in a reasonable amount of time, which is typically SEVEN WORKING DAYS. A formal complaint WILL be made against you for failing to do your job properly and violating the law.

KNOCK OFF THE NONSENSE AND JUST DO YOUR JOB.

Ironbound Media

We don't know whether the most recent response to this request contains information or not – if you are PSNJ, Ironbound Media please sign in and let everyone know.