Traffic/Intersection/etc Camera footage
| Submitted | Nov. 23, 2021 |
| Est. Completion | None |
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Communications
From: Good Citizen
To Whom It May Concern:
Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:
1) A brief list of the cameras active on 11/15/21 at the intersection of Leipzig Avenue and E Black Horse Pike.
2) Availability of camera footage on 11/15/21 between the hours of 0830 and 0930 at this intersection.
I intend to ask only for camera footage that shows the middle of the intersection and traffic heading Westbound on E Black Horse Pike through the West end of the intersection, but I'd like to work with you to narrow down what all is available before asking for a ton of video footage.
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,
Good Citizen
From: Township of Hamilton (Atlantic County, NJ)
The Township of Hamilton received your Open Public Records Act (OPRA) Request on October November 23, 2021. Your response is being provided on December 2, 2021.
Requested:
1) A brief list of the cameras active on 11/15/21 at the intersection of Leipzig Avenue and E Black Horse Pike.
2) Availability of camera footage on 11/15/21 between the hours of 0830 and 0930 at this intersection.
Response:
1. Please specify the document you are requesting.
2. Does Not Exist
Regards,
Lt. Anthony Alcott
609 625 2700 x 531
1. All government records are subject to public access under the Open Public Records Act ("OPRA"), unless specifically exempt.
2. A request for access to a government record under OPRA must be in writing, hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian. N.J.S.A. 47:1A-5.g. The seven (7) business day response time does not commence until the records custodian receives the request form. If you submit the request form to any other officer or employee of the Township of Hamilton, that officer or employee must either forward the request to the appropriate custodian, or direct you to the appropriate custodian. N.J.S.A. 47:1A-5.h.
3. Requestors may submit requests anonymously. If you elect not to provide a name, address, or telephone number, or other means of contact, the custodian is not required to respond until you reappear before the custodian seeking a response to the original request.
4. The fees for duplication of a government record in printed form are listed on the front of this form. We will notify you of any special service charges or other additional charges authorized by State law or regulation before processing your request. Payment shall be made by cash, check or money order payable to the Township of Hamilton.
5. You may be charged a 50% or other deposit when a request for copies exceeds $25. The Township of Hamilton custodian will contact you and advise you of any deposit requirements. You agree to pay the balance due upon delivery of the records. Anonymous requests in excess of $5.00 require a deposit of 100% of estimated fees.
6. Under OPRA, a custodian must deny access to a person who has been convicted of an indictable offense in New Jersey, any other state, or the United States, and who is seeking government records containing personal information pertaining to the person's victim or the victim's family. This includes anonymous requests for said information.
7. By law, the Township of Hamilton must notify you that it grants or denies a request for access to government records within seven (7) business days after the agency custodian of records receives the request. If the record requested is not currently available or is in storage, the custodian will advise you within seven (7) business days after receipt of the request when the record can be made available and the estimated cost for reproduction.
8. You may be denied access to a government record if your request would substantially disrupt agency operations and the custodian is unable to reach a reasonable solution with you.
9. If the Township of Hamilton is unable to comply with your request for access to a government record, the custodian will indicate the reasons for denial on the request form or other written correspondence and send you a signed and dated copy.
10. Except as otherwise provided by law or by agreement with the requester, if the agency custodian of records fails to respond to you within seven (7) business days of receiving a request, the failure to respond is a deemed denial of your request.
11. If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Township of Hamilton to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council ("GRC") by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at PO Box 819, Trenton, NJ, 08625, by e-mail at grc@dca.state.nj.us<mailto:grc@dca.state.nj.us>, or at their web site at www.state.nj.us/grc<http://SecureMail.townshipofhamilton.com:32224/?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>. The Council can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.
12. Information provided on this form may be subject to disclosure under the Open Public Records Act.
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~WRD0000
From: Good Citizen
Mr. Alcott,
Thank you for your response. While I try to keep these requests formal, I would like to have an open dialogue with you. I am seeking this footage in relation to a victim of an accident that occurred at the aforementioned date and time, 11/15/21 at approximately 0900 local time. NJ Police Crash Investigation Report # 2021040802.
To keep it simple, I just need to know if the footage is available to the Township of Hamilton because this intersection is under your departments jurisdiction. NJ DOT claims they are not responsible under OPRA per 16:1A-4.6, nor does it appear that they have access to these cameras per their online portal at https://511nj.org/camera
To be clear:
1) Does the Township of Hamilton, including the local Police Department, have access to ANY cameras in the vicinity of the intersection of Black Horse Pike and Leipzig Ave?
If the Township of Hamilton, including the local Police Department, has access to ANY cameras at the vicinity of this intersection:
a) What is the retention policy of footage captured by the aforementioned cameras?
From: Township of Hamilton (Atlantic County, NJ)
The Township of Hamilton received your follow up Open Public Records Act (OPRA) Request on December 3, 2021. Your response is being provided on December 9, 2021.
Requested:
1) Does the Township of Hamilton, including the local Police Department, have access to ANY cameras in the vicinity of the intersection of Black Horse Pike and Leipzig Ave?
If the Township of Hamilton, including the local Police Department, has access to ANY cameras at the vicinity of this intersection:
a) What is the retention policy of footage captured by the aforementioned cameras?
Response:
1. Please specify the document you are requesting.
1a. Please specify the document you are requesting.
This request seeks information or asks questions and does not identify specific government records. As such, your request is an invalid OPRA request. When a request is "complex" because it fails to specifically identify the documents sought, then that request is not "encompassed" by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are not required to conduct research or create new records in response to an OPRA request.
Regards,
Lt. Anthony Alcott
609 625 2700 x 531
1. All government records are subject to public access under the Open Public Records Act ("OPRA"), unless specifically exempt.
2. A request for access to a government record under OPRA must be in writing, hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian. N.J.S.A. 47:1A-5.g. The seven (7) business day response time does not commence until the records custodian receives the request form. If you submit the request form to any other officer or employee of the Township of Hamilton, that officer or employee must either forward the request to the appropriate custodian, or direct you to the appropriate custodian. N.J.S.A. 47:1A-5.h.
3. Requestors may submit requests anonymously. If you elect not to provide a name, address, or telephone number, or other means of contact, the custodian is not required to respond until you reappear before the custodian seeking a response to the original request.
4. The fees for duplication of a government record in printed form are listed on the front of this form. We will notify you of any special service charges or other additional charges authorized by State law or regulation before processing your request. Payment shall be made by cash, check or money order payable to the Township of Hamilton.
5. You may be charged a 50% or other deposit when a request for copies exceeds $25. The Township of Hamilton custodian will contact you and advise you of any deposit requirements. You agree to pay the balance due upon delivery of the records. Anonymous requests in excess of $5.00 require a deposit of 100% of estimated fees.
6. Under OPRA, a custodian must deny access to a person who has been convicted of an indictable offense in New Jersey, any other state, or the United States, and who is seeking government records containing personal information pertaining to the person's victim or the victim's family. This includes anonymous requests for said information.
7. By law, the Township of Hamilton must notify you that it grants or denies a request for access to government records within seven (7) business days after the agency custodian of records receives the request. If the record requested is not currently available or is in storage, the custodian will advise you within seven (7) business days after receipt of the request when the record can be made available and the estimated cost for reproduction.
8. You may be denied access to a government record if your request would substantially disrupt agency operations and the custodian is unable to reach a reasonable solution with you.
9. If the Township of Hamilton is unable to comply with your request for access to a government record, the custodian will indicate the reasons for denial on the request form or other written correspondence and send you a signed and dated copy.
10. Except as otherwise provided by law or by agreement with the requester, if the agency custodian of records fails to respond to you within seven (7) business days of receiving a request, the failure to respond is a deemed denial of your request.
11. If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Township of Hamilton to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council ("GRC") by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at PO Box 819, Trenton, NJ, 08625, by e-mail at grc@dca.state.nj.us<mailto:grc@dca.state.nj.us<mailto:grc@dca.state.nj.us%3cmailto:grc@dca.state.nj.us>>, or at their web site at http://www.state.nj.us/grc<http://SecureMail.townshipofhamilton.com:32224/?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>.<http://www.state.nj.us/grc%3chttp:/SecureMail.townshipofhamilton.com:32224/?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%3e.> The Council can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.
12. Information provided on this form may be subject to disclosure under the Open Public Records Act.
From: Good Citizen
I'm confused by your response, my questions were straight forward. OPRA covers records, not documents. Records are informal and formal. Surely you can ask other public employees if they can assist in identifying the traffic cameras the Township of Hamilton has access to.
If you're unwilling to provide me any sort of formal or informal information on what traffic cameras the Township of Hamilton and the Police Department has access to without identification of a specific record, I will simply request the following under NJ OPRA:
1) A list of all records, excluding emails, containing the words "traffic camera"
I look forward to working with you in compliance with NJ State Law, P.L. 2001, c. 404
From: Good Citizen
I have been advised that my last correspondence under this request is likely too broad for the Township of Hamilton to properly address. Please disregard and cancel this request.
We will move forward with the new request I submitted regarding billing invoices for traffic cameras in an attempt to narrow down the responsive records.
Thank you
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New Jersey Open Public Records Act request, copied below, and originally submitted on Nov. 23, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Township of Hamilton (Atlantic County, NJ)
Good afternoon!
According to our records, this request was withdrawn via e-mail on 12/12/21 (copy attached for your reference).
A new request was also submitted on 12/12/21, to which our office responded on 12/13/21 with no records responsive (copy attached for your reference).
Thank you!
Township of Hamilton
Atlantic County
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