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Dear Aberdeen Township,

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:

Please provide me with a list of the number of patrolmen on duty, in patrol cars, during a normal weekday, 10 hour shift.

Yours faithfully,

John W. Milner

Karen Ventura, Aberdeen Township

I will be out of the office until Monday, March 1, 2021.  Thank you

Joe Cole, Aberdeen Township

2 Attachments

Mr. Milner,

 

We are in receipt of the following request for records:

 

Dear Aberdeen Township,

 

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:

 

Please provide me with a list of the number of patrolmen on duty, in
patrol cars, during a normal weekday, 10 hour shift.

 

Yours faithfully,

 

John W. Milner

 

Your request is denied for the following reasons:

 

Creating A Record – exemption N.J.S.A. 47:1A-9; GRC Exemption No. 23
[State or federal statutes and regulations, Executive orders, etc.]

 

Matthews v. City of Atlantic City (Atlantic), GRC Complaint No. 2008-123
(February 2009): The Council decided that a custodian “was under no
obligation to create a list compatible to the Complainant’s OPRA request
because OPRA does not require a Custodian to produce new documents . . .”
Id. at 6.

 

Security measures and Techniques  – exemption N.J.S.A. 47:1A-1.1 GRC
Exemption No. 10. Security measures and surveillance techniques which, if
disclosed, would create a risk to the safety or persons, property,
electronic data or software.

OPRA provides that a person who is denied access to a government record
can choose: 

• to file suit in Superior Court; or
• to file a complaint with the Government Records
Council. N.J.S.A. 47:1A-6. 

Regards,

 

[1]FBINA  [2]cid:[email protected]

Captain Joseph Cole, CPM

FBINA Session 260

Aberdeen Township Police Department

1 Aberdeen Square

Aberdeen, NJ 07747

Office: (732) 566-2054

Fax:    (732) 583-7058

 

References

Visible links

Dear Joe Cole,

The document is called, a "Patrol Shift Roster".

Yours sincerely,

John W. Milner

Joe Cole, Aberdeen Township

2 Attachments

Dear Mr. Milner,

The Township of Aberdeen received your modified Open Public Records Act
(OPRA) request on March 7, 2021. Your OPRA request sought access to the
following:

(The document is called, a "Patrol Shift Roster".)

Please be advised that your request is being denied for the following
reasons:

To the extent that your request is seeking a personnel record of the
Township of Aberdeen, i.e., your reference to a “Patrol Shift Roster”, it
is denied because such personnel records are considered a public record.
OPRA provides that: “… the personnel or pension records of any individual
in the possession of a public agency, including but not limited to records
relating to any grievance filed by or against an individual, shall not be
considered a government record and shall not be made available for public
access, except that: an individual's name, title, position, salary,
payroll record, length of service, date of separation and the reason
therefor, and the amount and type of any pension received shall be a
government record …” (Emphasis added.) N.J.S.A. 47:1A-10.

To the extent that your request encompasses or is intended to include or
is a request for a “Patrol Shift Roster”, the request is denied, as a
“Patrol Shift Roster” is exempt from the definition of a government record
pursuant to N.J.S.A. 47:1A-1.1. because such records necessarily include
details regarding surveillance techniques and staffing levels which, if
disclosed, could pose a risk to the safety of police personnel as well as
civilians employed by the Township of Aberdeen.

The New Jersey [1]Open Public Records Act (N.J.S.A. 47:1A-1 et seq.)
permits a person who believes he or she has been illegally denied access
to a public record to file a complaint with the Government Records Council
(GRC), or file suit in Superior Court to challenge the decision and compel
disclosure.

 

Regards,

 

[2]FBINA  [3]cid:[email protected]

Captain Joseph Cole, CPM

FBINA Session 260

Aberdeen Township Police Department

1 Aberdeen Square

Aberdeen, NJ 07747

Office: (732) 566-2054

Fax:    (732) 583-7058

 

References

Visible links
1. https://nj.gov/grc/laws/act/index.html

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