Police data collection project (City of Elizabeth (NJ))
| Tracking # |
584 |
| Multi Request | Police data collection project |
| Submitted | July 5, 2020 |
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Communications
From: Samuel Sinyangwe
To Whom It May Concern:
Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:
1. the total number of use of force incidents, separated by year and by type of force used from 2016-2019 (for example, "27 taser incidents in 2016, 3 baton incidents in 2017, etc.)
2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained, separated by year (for example, 8 complaints in 2016, 2 complaints sustained in 2017, 4 complaints in 2018, 1 complaint sustained in 2019, etc.)
3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2016-2019, separated by year
4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2016-2019, separated by year
Note that my requests for civilian complaints are specifically for civilian complaints alleging police misconduct, please do not include complaints filed by one officer/the department against another officer.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.
Sincerely,
Samuel Sinyangwe
From: Municipal Clerk
Good Afternoon,
Please see attachment.
Grace Sequeira
City Clerk's Office
Deputy Municipal Clerk
50 Winfield Scott Plaza
Elizabeth, N.J. 07201
908-820-4130
From: Municipal Clerk
Good Afternoon,
Please see attachment.
Grace Sequeira
City Clerk's Office
Deputy Municipal Clerk
50 Winfield Scott Plaza
Elizabeth, N.J. 07201
908-820-4130
From: City of Elizabeth (NJ)
Good Afternoon,
Please see attachment.
Grace Sequeira
City Clerk's Office
Deputy Municipal Clerk
50 Winfield Scott Plaza
Elizabeth, N.J. 07201
908-820-4130
From: City of Elizabeth (NJ)
Good Afternoon,
Please see attachment.
Grace Sequeira
City Clerk's Office
Deputy Municipal Clerk
50 Winfield Scott Plaza
Elizabeth, N.J. 07201
908-820-4130
From: City of Elizabeth (NJ)
Good Afternoon,
Please see attachment.
Grace Sequeira
City Clerk's Office
Deputy Municipal Clerk
50 Winfield Scott Plaza
Elizabeth, N.J. 07201
908-820-4130
From: City of Elizabeth (NJ)
Samantha Castrelos has shared OneDrive for Business files with you. To view them, click the links below.
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20200827120247234.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/EUObbtKLOSNDjl4pTHfqZs8BTPMKB1PvaDrB7Fu-PCDTwg>
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20200827120233063.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/EQD3w5_KQTxDvkJnkL2oiWUBky7dHFc0VoLRzxsunr3Zpg>
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20200827120215423.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/ESUNd9a9P99Du1z68aF5tX8BMLv6u2TEbi2rWypA8Kf4KA>
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20200827120153099.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/EVDn30ybavJCvey_5hOPE7IBmn0G_JyyFg1sPT8zc4M27A>
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20200827120512369.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/EVcI-ZZrshdJqEqhVPqJzgkBDoc6830IOJ1LA6zhfNNpwA>
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20200827120504450.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/EU3IzwHQ3bhEjc-MtEA4Q04Bkd-8xZUbKLYroUG53AuXPg>
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20200827120443875.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/ET7umYyEUdVPkmkvj5tQ2n4BWi_z-hUc7HJXncQtsUNg4w>
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20200827120432807.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/EQY-Xh_YxeVCqeuT5wcSrsoBqVrxWBWrHCLsH4mTZz9W3w>
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20200827120419384.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/EaPHuS-qF7RBjwPwH2g8SpoBKebkBtKNIWq45YK21zf4Qw>
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20200827120404257.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/ESVYy93tz1NMkzFdllDNUvABKZNlLRxOUh6WDgTvzWBZvQ>
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20200827120341309.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/ESzRRbVts-lEqdOhlvOkpYIB-14IBGRvj39_x4CXLmaCIg>
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20200827120313113.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/EQ27RI62zLlMqVxUfErwgoIBn89Leqv2_Wxk80KblSK1MQ>
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20200827120258264.pdf<https://elizabethnj-my.sharepoint.com/:b:/g/personal/gsequeira_elizabethnj_org/EToSeNr8KJBNld4eIbuKVSYBZDuS_aM4HhRi6b2qu5UqtA>
Dear Mr. Sinyangwe:
The City of Elizabeth is in receipt of your request for records to the City Clerk dated July 16, 2020 pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., (OPRA). The City of Elizabeth then requested additional time to respond to said request due to the March 16, 2020 legislation which modifies the deadline by which a public agency is required to respond to a request for government records during a period of emergency.
Pursuant to your first request, please see the attached records of Use of Force Reports divided by year and type of force.
Regarding your second through fourth complaint, please be advised that these requests are denied insofar as they ask for information and not records. OPRA only allows requests for records, not requests for information. In this regard, OPRA "is not intended as a research tool . . . to force government officials to identify and siphon useful information." MAG Entm't, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 546 (App. Div. 2005). In other words, a records custodian is not required "to conduct research among its records . . . and correlate data from various government records in the custodian's possession." Ibid. Further, any records containing the information sought are personnel files exempt under N.J.S.A. 47:1A-1.1. In addition, under the "Attorney General Internal Affairs Guidelines", citizen complaints are internal affairs files subject to disclosure under limited circumstances:
1. If administrative charges have been brought against an officer and a hearing will be held, a copy of all discoverable materials shall be provided to the officer and the hearing officer before the hearing.
2. If the subject officer, agency or governing jurisdiction has been named as a defendant in a lawsuit arising out of the specific incident covered by an internal investigation, a copy of the internal investigative reports may be released to the attorney representing the subject officer, agency or jurisdiction.
3. Upon the request or at the direction of the county prosecutor or Attorney General.
4. Upon a court order.
See "Internal Affairs Policy & Procedures".
Thank you for your patience during this unprecedented time.
Very truly yours,
Samantha J. Castrelos, Esq.
Special Counsel
City of Elizabeth, Law Department
50 Winfield Scott Plaza, Room 201
Elizabeth, New Jersey 07201
(908) 820-4009
There are too many files to display on this communication. See all files
From: City of Elizabeth (NJ)
Mr. Sinyangwe:
I am writing to provide additional records pursuant to your second through fourth request. I am attaching annual reports of complaints made through the EPD Internal Affairs Department that are reported to the County Prosecutor. These records are partially responsive to your request as they do not specify all the types of complaints you requested. As you will see, "Excessive Force" is listed as a type of complaint. However, your request for complaints regarding law enforcement misconduct and biased policing or racial profiling would be under the category "Other Criminal Violation," if occurred.
Please disregard the denial for your requests below. Thank you for your patience.
Very truly yours,
Samantha J. Castrelos, Esq.
Special Counsel
City of Elizabeth, Law Department
50 Winfield Scott Plaza, Room 201
Elizabeth, New Jersey 07201
(908) 820-4009
Files
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