Records related to James Manzo shooting (Municipal Clerk, Asbury Park)

Michael Tracey filed this request with the Municipal Clerk, Asbury Park of New Jersey.
Tracking #

PR-332-2021

Multi Request Records related to James Manzo shooting
Est. Completion None
Status
No Responsive Documents

Communications

From: Michael Tracey


To Whom It May Concern:

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

All incident reports and other correspondences related to the officer-involved shooting of James Manzo in July 2019. Additionally, all records documenting any Asbury Park Police Department policy changes made in the wake of that shooting.

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,

Michael Tracey

From:

Thank you for submitting a request for records.

Your request reference number is Request Number: PR-332-2021.

Please have this reference number available when communicating with our staff regarding your request.

Note: This is an automated email notification. Please do not respond to this email.

From: Municipal Clerk, Asbury Park

I am in receipt of your OPRA request received by my office on 5/21/2021 at 11:21:28 am. Your request is complete. The response to your request can be found through our public portal at http://url2602.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15hXuDMFKrxnRO0sO7EMX-2BhGwFpBKXygkN-2Bz-2FgHhN-2FDMX5X9LnfyzsMhWMPsvKeIlcA-3D-3D_OdH_Evmj34PJ90-2BCFX9lyaeRKJdt4gDzGQIejFbV7U7A-2FCZPuWl3X4jpEQJTZKqzDqV1nKkOnEv1zeJDrtX-2FHPrjhac6bz00Pm1g37MKDT6d0jwOYs9ZPKLCqDJF2Zs2xay-2FMRZP-2FX7lIPRW1CTyEhoFmamx-2BBHr2Zn-2FKBt60pttFO1dDPoVdSwTqDrez58URh9l0h1At41mCRspas0j3c7Gpi-2FocoCpO3Rr6fuv8pg2u3mBL0NN-2BEvr-2Bbd90dhMN94CG22X3xDm6rIPS9yg-2BNNATCwg4Js7X6tWTpzbpDlBBxbhcljCzqVUkPWKkq1UYiyKBqsFIQx1JXYHcLL4IzWQ9A-3D-3D Your request number is PR-332-2021.

From:

Hello,

The request Request Number: PR-332-2021 has been completed.

Thank you,
JustFOIA

*Note: This is an automated email notification. Please do not respond to this email.

From: Michael Tracey

I am appealing the withholding of documents in my OPRA request, PR-332-2021. All correspondence regarding this request can be read here:
https://www.muckrock.com/foi/new-jersey-229/records-related-to-james-manzo-shooting-municipal-clerk-asbury-park-112562/

I requested "All incident reports and other correspondences related to the officer-involved shooting of James Manzo in July 2019." Incident reports are routinely released, and I don't see how they can be withheld in this instance. Further, it is unclear why correspondence about this shooting can be indefinitely withheld as "criminal investigatory records."

I also requested "all records documenting any Asbury Park Police Department policy changes made in the wake of that shooting." These were also withheld as "criminal investigatory records," which is untrue on its face. Policy-related documents are not investigatory records. These must be released.

Thank you,
Michael Tracey

From: Municipal Clerk, Asbury Park

We are sorry, your message could not be delivered.

We just received the email you sent to donotreply and it looks like we didn’t get enough information to route it correctly. If you are replying to someone, please go back to the original email and hit reply - that should send along the information we need to move your message on to the right place.

We hope that this solves the issue, but if not please let the person who sent you the email know you are getting this message.

Thank you,

JustFOIA


Municipal Clerk, Asbury Park
OPRA Office
1 Municipal Plaza
Asbury Park, NJ 07712

June 26, 2021

This is a follow up to request number PR-332-2021:

I am appealing the withholding of documents in my OPRA request, PR-332-2021. All correspondence regarding this request can be read here:
http://url2602.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15kGP7C8a-2FU8jKMpmbYB9-2Bw9S28xrM8-2FHesYK4Etqi-2BKQmke7bX71x21L-2FutBFZ077gx5Waf04Xbu3iwEN7jpuHWcFLM8s8fpB2bk-2BGjOQ5bodESJ5uVz8NlUqYo42t3oux3VVhpplo6zWLCsioNS2dA-3DF42a_Evmj34PJ90-2BCFX9lyaeRKJdt4gDzGQIejFbV7U7A-2FCZPuWl3X4jpEQJTZKqzDqV1mHmY92nDFGxgZ65KiAlHa263h-2FB6sv-2BZmTHIEtAPvWO7krHqhsmkiMsn8dK38ANbrhrCze-2BEwrBUBm7rkHg-2BJhIqpNmWXdDdzd-2FltFYPi2r76vx4ADKEnnysTXt3nFH3Qt5-2FMCU1UtGM04TRw08E4uCt-2BMpM-2FnQwKcT5xtu9p5Q-3D

I requested "All incident reports and other correspondences related to the officer-involved shooting of James Manzo in July 2019." Incident reports are routinely released, and I don't see how they can be withheld in this instance. Further, it is unclear why correspondence about this shooting can be indefinitely withheld as "criminal investigatory records."

I also requested "all records documenting any Asbury Park Police Department policy changes made in the wake of that shooting." These were also withheld as "criminal investigatory records," which is untrue on its face. Policy-related documents are not investigatory records. These must be released.

Thank you,
Michael Tracey

View request history, upload responsive documents, and report problems here:
http://url2602.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15shv484ucFFIazOudcBo6e6r3qGT-2BbxCMYJ-2FrnPJT37aRLJyGZxgjxTWzeo5NOMBW1Kh7-2F0lVLEBoE0q9toAN-2F1JX-2FDizz7QU2mJbrnf15fdU9rXkaFmAJo070A4n6zUkxLyF-2F5-2BxL3UFD-2FxRPx0Jo9AS29EQ1IB8HRXEjvF3WajWpZTDyTnE5rOfV-2FRBG4wWI9zO4AKFrtUaqt2o8FAEkCfuP-2Bk4uYQMEKcoOwXW6N-2FM-2BW9YY7xdrCZ8FUcdZFdZoyCOkPwQwUEgOz9fBoMpFV4DQfU6mcRNZVioKYBtoDBgXa2yk5A-2BdW8-2BAzMXCVEYTPoe-2BRJGCIDF0C82PSE4ENmrmHGRbe8F3H6ZwaQtRGn4jTybP7Tce24AZJ5bo6igmgcUbpiAtnfC4xFVrqYd-2FEATbZlFItJBSaUdmj67B7J1CL5tqmV296oQAaqB8JZprjoICJ6b3d-2FoE2RQBfQtWVPz2ggWJFlIVyaNBZ7Zh9OsXlgDL-2F90c15Daaar-2BRdlC-2FapfjpZrLCKmEBVzBfi-2FM-3DmYt5_Evmj34PJ90-2BCFX9lyaeRKJdt4gDzGQIejFbV7U7A-2FCZPuWl3X4jpEQJTZKqzDqV1mHmY92nDFGxgZ65KiAlHa1n1t9tMO08lB-2BfJ4g5wGyEGL39BHe-2BDdLiUP71BvYMNHGQSzMTfBAYxHQuNnon7Nd8GSF6YCBwtHi1kLZEPLjAZ1Y375pN-2FdnPcPk-2FtdHy88Bc7istAQjRH1BXuxrmTAiieXdwq8vsrYqjmxmpP5Gw-3D

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 112562
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On May 21, 2021:
Subject: JustFOIA Records Request PR-332-2021 Completed
Hello,

The request Request Number: PR-332-2021 has been completed.

Thank you,
JustFOIA

*Note: This is an automated email notification. Please do not respond to this email.

---

On May 21, 2021:
Subject: OPRA Request
I am in receipt of your OPRA request received by my office on 5/21/2021 at 11:21:28 am. Your request is complete. The response to your request can be found through our public portal at http://url2602.justfoia.com/ls/click?upn=3SIslxT4FlM-2BnXZmcIQ2xwR01zLrMUnPAPOoAbhHEaLRaLoavc-2F3Zq2Gp-2Fr2GiLvMtsbzrX-2FSDkLKlqUPLfPpyMSUX-2Fvj2rbMcqYH4GCfk3deroAEy5EdZq-2BrWkOTRUzQE4KE0mePB2l992jiUYOioBnnch4AoRBgq8c9KcVbFKZkwzX4Z8D6-2F2PETHmPCofYj-2B6tAiMHJcGWqsE-2FTNHRMm8ioVlrWySiWHz0VSpqYwdJefpuSqEo-2FlVq-2FBV6yO-2FD85Y6WMgv18kVQSIc8YFNhizZkvb27P-2Fro8A-2FcRivXIwNk5dKzRW8qvDK9CkN9FocYHVuIE-2Bo1gK61mn4lhE7uHo9Yz1rfX55sTosqw2YSrnNnvVsKY2-2BNwLQOSqReLyC24v03v54lqw-2BS8tS4BvCDcXNMh9PJX5Dx6rfqf7C8akLERV6wxE0qUaijyIT0DapZBWGATnv9gtqO3ud-2BBjq2HWcpj1piszp-2FUVMvzB0jdzsPBhLvaHfqlQu8qMKCgw3G2hyJcyBuXP78vtEtiUCWw5Do5mHze00nmEYiFVi8Aj4-2BjRt8pXOrKF7z3RH5OirAY8GJcK89lCkxW8GXd-2FPNPHpO5oue1mS05zv0BPckkEQc8-2B7jGF4L5qgjAERbF0UqYbLDZtTVhc0yRqFl9UskmNFYzw6uuh9n0cJY835W7NFBYhaZPDlDzPOJ6nQ9UUCRYV_Evmj34PJ90-2BCFX9lyaeRKJdt4gDzGQIejFbV7U7A-2FCZPuWl3X4jpEQJTZKqzDqV1mHmY92nDFGxgZ65KiAlHa3r9CaIeKaptD5uQE0UbDrS0WOBo8Of8A1fK3uACS3956Q9kc5MFnR6rFBBo5CBhJGZJCr3j-2BcuIoLOM-2B9wphSgfFmPF1Q6gvmtXb4lWbj-2BoKNmA6mJ5XAHU4Shuy1mF3pp2vJvmDJem-2BRj6jiEXa2A-3D Your request number is PR-332-2021.

---

On May 21, 2021:
Subject: Records Request Confirmation
Thank you for submitting a request for records.

Your request reference number is Request Number: PR-332-2021.

Please have this reference number available when communicating with our staff regarding your request.

Note: This is an automated email notification. Please do not respond to this email.

---

On May 15, 2021:
Subject: New Jersey Open Public Records Act Request: Records related to James Manzo shooting (Municipal Clerk, Asbury Park)

To Whom It May Concern:

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

All incident reports and other correspondences related to the officer-involved shooting of James Manzo in July 2019. Additionally, all records documenting any Asbury Park Police Department policy changes made in the wake of that shooting.

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,

Michael Tracey

View request history, upload responsive documents, and report problems here:
http://url2602.justfoia.com/ls/click?upn=XfJvxk0gd1RbNAoCtqw15shv484ucFFIazOudcBo6e6r3qGT-2BbxCMYJ-2FrnPJT37aRLJyGZxgjxTWzeo5NOMBW1Kh7-2F0lVLEBoE0q9toAN-2F1JX-2FDizz7QU2mJbrnf15fdU9rXkaFmAJo070A4n6zUkxLyF-2F5-2BxL3UFD-2FxRPx0Jo9AS29EQ1IB8HRXEjvF3WajWpZTDyTnE5rOfV-2FRBG4wWI9zO4AKFrtUaqt2o8FAEkCfuP-2Bk4uYQMEKcoOwXW6N-2FM-2BW9YY7xdrCZ8FUcdZFdZoyCOkPwQwUEgOz9fBoMpFV4DQfU6mcRNZVioKYBtoDBgXa2yk5A-2BdW8-2BAzMXCVEYTPoe-2BRJGCIDF0C82PSE4ENmrmHGRbe8F3H6ZwaQtRGn4jTybP7Tce24AZJ5bo6igmgcUbpiAtnfC4xFVrqYd-2FEATbZlFItJBSaUdmj67B7J1CL5tqmV296oQAaqB8JZprjoICJ6b3d-2FoE2RQBfQtWVPz2ggWJFlIVyaNBZ7Zh9OsXlgDL-2F90c15Daaar-2BRdlC-2FapfjpZrLCKmEBVzBfi-2FM-3DQw8z_Evmj34PJ90-2BCFX9lyaeRKJdt4gDzGQIejFbV7U7A-2FCZPuWl3X4jpEQJTZKqzDqV1mHmY92nDFGxgZ65KiAlHa5hL-2BDRLjcM7jj3rspmIPkdytiTlNY0F7jFYjOV-2Fv-2BRDOE8G8Tggp2mOuDKSKcAhSkx9zmgV-2BAoORMAGeRbH5jxSptPkL131ongl-2BeDUR1bkcaD6JSaAcMEyI-2BwRfVy-2Fe6t5CHzpGXP-2BCpTaXB4OR2s-3D

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 112562
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

From: Michael Tracey

Hello,

I am appealing the withholding of documents in my OPRA request, PR-332-2021. All correspondence regarding this request can be read here:
https://www.muckrock.com/foi/new-jersey-229/records-related-to-james-manzo-shooting-municipal-clerk-asbury-park-112562/

I requested "All incident reports and other correspondences related to the officer-involved shooting of James Manzo in July 2019." Incident reports are routinely released, and I don't see how they can be withheld in this instance. Further, it is unclear why correspondence about this shooting can be indefinitely withheld as "criminal investigatory records."

I also requested "all records documenting any Asbury Park Police Department policy changes made in the wake of that shooting." These were also withheld as "criminal investigatory records," which is untrue on its face. Policy-related documents are not investigatory records. These must be released.

Thank you,
Michael Tracey

From: Municipal Clerk, Asbury Park

Dear Muckrock,

This communication follows-up your June 27, 2021 email concerning OPRA PR-332-2021. As noted in the original response, the matter and all associated records are currently in the possession of the New Jersey Attorney General’s office for an ongoing investigation (N.J.S.A. 47:1A-1.1). They are therefore no eligible for release at this time. You were and are again requested to contact them to obtain records. As for policy changes, the City has no responsive documents.

Melody Hartsgrove, RMC
City Clerk
City of Asbury Park
1 Municipal Plaza
Asbury Park, NJ 07712
P: 732-502-5718
melody.hartsgrove@cityofasburypark.com<mailto:melody.hartsgrove@cityofasburypark.com>

From: Municipal Clerk, Asbury Park

This communication follows-up your June 27, 2021 email concerning OPRA PR-332-2021. As noted in the original response, the matter and all associated records are currently in the possession of the New Jersey Attorney General’s office for an ongoing investigation (N.J.S.A. 47:1A-1.1). They are therefore no eligible for release at this time. You were and are again requested to contact them to obtain records. As for policy changes, the City has no responsive documents.

Respectfully,

Melody Hartsgrove

City of Asbury park

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