NJROIC listserv alerts (Englewood Police Department)

Matthew Petti filed this request with the Englewood Police Department of Englewood, NJ.
Multi Request NJROIC listserv alerts
Submitted July 29, 2020
Status
Rejected

Communications

From: Matthew Petti

Subject: New Jersey Open Public Records Act Request: NJROIC listserv alerts (Englewood Police Department)

Email


To Whom It May Concern:

Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:

All emails received by employees of your agency from the New Jersey Regional Operations and Intelligence Center (owner-njroiccts@listserv.leo.gov, NJROICTHREAT@gw.njsp.org, or njroiccts@leo.gov) between December 25, 2019 and March 18, 2020.

If any part of these documents are exempt from disclosure, please release all reasonably segregable nonexempt portions of responsive documents.

I request that I be properly classified as a news media requester. I am a reporter for the National Interest, and I am requesting this information in that editorial capacity.

The National Interest is widely recognized for its reporting, publishing regular features on issues of public interest and importance. In addition, I have covered areas related to this request, and plan to use my editorial skills to analyze and produce original reporting work for millions of monthly readers at NationalInterest.org.

If you have any questions about my media status, please contact me.

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,

Matthew Petti

From: Englewood Police Department

Subject: OPRA Request Received July 29, 2020

Email

Mr. Petti;

Please be advised that on March 30, 2020, Governor Murphy signed into law A-3849/S-2302 which permits a Custodian of Records to extend the deadline to respond to an O.P.R.A. Request during a declared state of emergency. Accordingly, due to on-going staffing issues throughout various departments within the City of Englewood we are advising you that it will take an additional 4 weeks minimally to compile and provide the information sought in your Request. We will continue to work diligently to provide these records as soon as reasonably possible.
Best regards,
Ana

Ana Paton
2-10 North Van Brunt Street
Englewood, NJ 07631
apaton@cityofenglewood.org
(201)510-8213

From: Englewood Police Department

Subject: OPRA Request Received July, 29. 2021

Email

Mr. Petti;

In regard to the above referenced OPRA request, please be advised that after a thorough review of the potentially responsive records it has been determined that the records are exempt from disclosure under OPRA and the Common Law Right to Know. The basis for the denial is that OPRA exempts from disclosure any exemption contained within any other state or federal statute, regulation, or court rule, among others. See N.J.S.A. 47:1A-9; Domestic Security Preparedness Act, P.L.2001, c.246; Executive Order 33, at Paragraph 12 (McGreevey 2002) which exempts all documents pertaining to counter-terrorism from disclosure and to Executive Order #5, of the 16 March 2006, which created the Office of Homeland Security and Preparedness and in Paragraph 28 specifically exempts the information being sought here under OPRA.
Executive Order No. 5 expressly states that the Office of Homeland Security and Preparedness is the central state agency responsible for developing and administering training programs for law enforcement personnel and other individuals on counter-terrorism and intelligence gathering, analysis and sharing. Id. Notably, "[a]ll documents, materials, and information pertaining to counter-terrorism investigation, intelligence, training, and protocols created, complied, obtained or maintained by the Office shall be deemed confidential, non-public and not subject to OPRA." Id.
Accordingly, all records maintained and/or prepared at the direction of the Bergen County Prosecutor's Office Intelligence & Counterterrorism Unit under the New Jersey Office of Homeland Security & Preparedness programs pursuant to its authority under Executive Order No. 5, and to provisions of the New Jersey Domestic Security Preparedness Act are not public records and your request is therefore denied. See Executive Order No. 5 (Gov. Corzine 2006).
See also N.J.S.A. 47:1A-1.1 (9-10) (emergency or security information or measures...which, if disclosed, would jeopardize security or create a risk to safety are exempt from disclosure), Executive Order No. 21 (McGreevey 2002) (records where inspection, examination or copying would substantially interfere with the State's ability to protect and defend the State and its citizens against act of sabotage or terrorism, or which, if disclosed, would materially increase the risks or consequences of potential acts of sabotage or terrorism are exempt from disclosure); N.J.S.A. App. A:9-74(a); N.J.A.C. 13:1e-3.2(a)(2) (records containing investigative techniques, operational policies and procedures are exempt) N.J.A.C. 7:1D-3.2 (designating Records that bear on terrorism & homeland security concerns confidential). See also Anglin v. NJ Office of Homeland Security (GRC 2018 No. 2017-45) (Custodian lawfully denied access to materials under Domestic Security Preparedness Act).
Best regards,
Ana

Ana Paton
2-10 North Van Brunt Street
Englewood, NJ 07631
apaton@cityofenglewood.org
(201)510-8213

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