FOIA - Monmouth County PD - Spillman Documents

Good Afternoon,

The Monmouth County Sheriff’s Office is in receipt of your OPRA and working on a response, however some of the documents requested do not pertain to our agency while other information is confidential. We request an extension until Oct. 1 for review of the MCSO documents. In the meantime, please see below list as to what other agencies documents should be requested from.

Thank you.
Regards,
Cynthia Scott

- Current and previous contracts with Motorola regarding any Spillman products – Monmouth County Purchasing
- Requests for Proposals – Monmouth County Purchasing
- Memorandum(s) of Understanding – Monmouth County Shared Services
- A list of all agencies with access to Monmouth County Sheriff's Office's shared Spillman system (the pdf referenced below mentions there are 53 agencies with access) – The Monmouth County Sheriff’s Office is reviewing this.
- Any privacy impact assessments There are no documents responsive to this request
- Any product manuals – These are confidential documents produced from Spillman and therefore the Monmouth County Sheriff’s Office is not authorized to release them.
- Any instructional materials or presentations – The Monmouth County Sheriff’s Office has no documents responsive to this request.
- Use policies and standard operating procedures - The Monmouth County Sheriff’s Office is reviewing this.
- Data retention policies – Refer to NJDARM rules.
- Letters of Interest – Request is overly broad and not clear as to what is being asked
- Usage policies – Same as “use policys & standard operating procedures”
- Any informal agreements or other documents that reference "Spillman" or otherwise guide it use or the relationship between this agency and the provider or developer of the software. – There are no documents responsive to this request.

Good Morning,
The below email was sent to you as a follow up on 10/2.
Regards,
Cynthia Scott

[cid:Capture2_30160de9-c1d5-40d3-967f-e5b388279432.JPG]

Cynthia Scott
Public Information Officer
Monmouth County Sheriff's Office
2500 Kozloski Road
Freehold, NJ 07728
Office: 732-431-6400 x1113
Fax: 732-845-2036
Email: CScott@mcsonj.org<mailto:CScott@mcsonj.org>
www.mcsonj.org<http://www.mcsonj.org>
www.njsheriff.org
[cid:Facebook_139116a0-3089-4bc1-a144-3fb5de2a578d.png]<https://www.facebook.com/MonmouthCountySheriffsOffice>[cid:Twitter_752a8dd0-51bb-4bf6-a16f-e4e8376b15d6.png]<https://twitter.com/MonmouthSheriff>[cid:Instagram_d71ae6de-78f1-41f2-8715-320d328413e9.png]<https://instagram.com/MonmouthSheriff>[cid:Youtube_9aa638cb-a221-4510-9c24-0e5cb4c3d727.png]<https://www.youtube.com/user/MonmouthCoSherff>

[cid:Capture3_03cb5e76-a312-4d8b-923e-e3b9eebb437c.JPG]

* Advisory, consultative or deliberative material *

NOTICE OF CONFIDENTIALITY

This E-mail message and its attachments (if any) are intended solely for the use of the addressees hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E-mail and immediately delete this message from your system.

10/18/18

Re: OPRA Request Dated September 12, 2018

Dear Mr. Ader:

Attached as a PDF document please find correspondence in response to your OPRA request dated September 12, 2018.

Please respond to this e-mail acknowledging receipt.

Thank you,

Caroline Tucsnak
Paralegal

[Logo]
Caroline Tucsnak
Paralegal
92 West Main Street
Freehold, NJ 07728
Telephone: 848-207-3500
Fax: 888-401-1567

LEGAL CONFIDENTIAL: The information in this email and in any attachment may contain information which is legally privileged. It is intended only for the attention and use of the named recipient. If you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute the message and/or any of its attachments. If you received this email in error, please notify me and delete this message. Thank you.

J. Ader:

Pursuant to my letter dated October 18, 2018, I have attached the most recent copy of the "Spillman" contract as per your OPRA request. Your request did not specify a date or dates for the contracts, so I chose to provide the most recent contract. If you wish to obtain different years, please so advise.

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 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 P.O. Box 819, Trenton, NJ, 08625, by e-mail at grc@dca.state.nj.us, or at their web site at www.state.nj.us/grc. 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.

If you have any questions, please do not hesitate to contact me.

Very truly yours,

Patricia B. Quelch, Esq.
Special Monmouth County Counsel

[Logo]
Patricia B. Quelch, Esq.
92 West Main Street
Freehold, NJ 07728
Telephone: 848-207-3500
Fax: 888-401-1567

________________________________

NOTICE OF CONFIDENTIALITY
This message, including any prior messages and attachments, may contain advisory, consultative and/or deliberative material, confidential information or privileged communications of the County of Monmouth. Access to this message by anyone other than the sender and the intended recipient(s) is unauthorized. If you are not the intended recipient of this message, any disclosure, copying, distribution or action taken or not taken in reliance on it, without the expressed written consent of the County, is prohibited. If you have received this message in error, you should not save, scan, transmit, print, use or disseminate this message or any information contained in this message in any way and you should promptly delete or destroy this message and all copies of it. Please notify the sender by return e-mail if you have received this message in error.

From: requests@muckrock.com [mailto:requests@muckrock.com]
Sent: Friday, November 09, 2018 3:14 PM
To: Patricia Quelch <patriciaquelch@helmerlegal.com>
Subject: RE: New Jersey Open Public Records Act Request: FOIA - Monmouth County PD - Spillman Documents

Monmouth County Sheriff’s Office
OPRA Office
2500 Kozloski Road
Freehold, NJ 07728

November 9, 2018

This is a follow up to a previous request:

Hi Patricia,

Thank you for the responsive contract. Can you please elaborate on the status of the other documents I've asked for in the original request?

Thanks,
- J. Ader

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/accounts/agency_login/police-10761/foia-monmouth-county-pd-spillman-documents-60664/?email=patriciaquelch%40helmerlegal.com&uuid-login=e4584dc7-7308-40ea-b3a5-d3775d2ca0a6#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 60664
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 Nov. 9, 2018:
J. Ader:

Pursuant to my letter dated October 18, 2018, I have attached the most recent copy of the "Spillman" contract as per your OPRA request. Your request did not specify a date or dates for the contracts, so I chose to provide the most recent contract. If you wish to obtain different years, please so advise.

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 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 P.O. Box 819, Trenton, NJ, 08625, by e-mail at grc@dca.state.nj.us, or at their web site at www.state.nj.us/grc. 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.

If you have any questions, please do not hesitate to contact me.

Very truly yours,

Patricia B. Quelch, Esq.
Special Monmouth County Counsel

[Logo]
Patricia B. Quelch, Esq.
92 West Main Street
Freehold, NJ 07728
Telephone: 848-207-3500
Fax: 888-401-1567

________________________________

NOTICE OF CONFIDENTIALITY
This message, including any prior messages and attachments, may contain advisory, consultative and/or deliberative material, confidential information or privileged communications of the County of Monmouth. Access to this message by anyone other than the sender and the intended recipient(s) is unauthorized. If you are not the intended recipient of this message, any disclosure, copying, distribution or action taken or not taken in reliance on it, without the expressed written consent of the County, is prohibited. If you have received this message in error, you should not save, scan, transmit, print, use or disseminate this message or any information contained in this message in any way and you should promptly delete or destroy this message and all copies of it. Please notify the sender by return e-mail if you have received this message in error.

---

On Oct. 18, 2018:
10/18/18

Re: OPRA Request Dated September 12, 2018

Dear Mr. Ader:

Attached as a PDF document please find correspondence in response to your OPRA request dated September 12, 2018.

Please respond to this e-mail acknowledging receipt.

Thank you,

Caroline Tucsnak
Paralegal

[Logo]
Caroline Tucsnak
Paralegal
92 West Main Street
Freehold, NJ 07728
Telephone: 848-207-3500
Fax: 888-401-1567

LEGAL CONFIDENTIAL: The information in this email and in any attachment may contain information which is legally privileged. It is intended only for the attention and use of the named recipient. If you are not the intended recipient, you are not authorized to retain, disclose, copy or distribute the message and/or any of its attachments. If you received this email in error, please notify me and delete this message. Thank you.

---

On Oct. 9, 2018:
Good Morning,
The below email was sent to you as a follow up on 10/2.
Regards,
Cynthia Scott

[cid:Capture2_30160de9-c1d5-40d3-967f-e5b388279432.JPG]

Cynthia Scott
Public Information Officer
Monmouth County Sheriff's Office
2500 Kozloski Road
Freehold, NJ 07728
Office: 732-431-6400 x1113
Fax: 732-845-2036
Email: CScott@mcsonj.org<mailto:CScott@mcsonj.org>
www.mcsonj.org<http://www.mcsonj.org>
www.njsheriff.org
[cid:Facebook_139116a0-3089-4bc1-a144-3fb5de2a578d.png]<https://www.facebook.com/MonmouthCountySheriffsOffice>[cid:Twitter_752a8dd0-51bb-4bf6-a16f-e4e8376b15d6.png]<https://twitter.com/MonmouthSheriff>[cid:Instagram_d71ae6de-78f1-41f2-8715-320d328413e9.png]<https://instagram.com/MonmouthSheriff>[cid:Youtube_9aa638cb-a221-4510-9c24-0e5cb4c3d727.png]<https://www.youtube.com/user/MonmouthCoSherff>

[cid:Capture3_03cb5e76-a312-4d8b-923e-e3b9eebb437c.JPG]

* Advisory, consultative or deliberative material *

NOTICE OF CONFIDENTIALITY

This E-mail message and its attachments (if any) are intended solely for the use of the addressees hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E-mail and immediately delete this message from your system.

---

On Sept. 20, 2018:
Good Afternoon,

The Monmouth County Sheriff’s Office is in receipt of your OPRA and working on a response, however some of the documents requested do not pertain to our agency while other information is confidential. We request an extension until Oct. 1 for review of the MCSO documents. In the meantime, please see below list as to what other agencies documents should be requested from.

Thank you.
Regards,
Cynthia Scott

- Current and previous contracts with Motorola regarding any Spillman products – Monmouth County Purchasing
- Requests for Proposals – Monmouth County Purchasing
- Memorandum(s) of Understanding – Monmouth County Shared Services
- A list of all agencies with access to Monmouth County Sheriff's Office's shared Spillman system (the pdf referenced below mentions there are 53 agencies with access) – The Monmouth County Sheriff’s Office is reviewing this.
- Any privacy impact assessments There are no documents responsive to this request
- Any product manuals – These are confidential documents produced from Spillman and therefore the Monmouth County Sheriff’s Office is not authorized to release them.
- Any instructional materials or presentations – The Monmouth County Sheriff’s Office has no documents responsive to this request.
- Use policies and standard operating procedures - The Monmouth County Sheriff’s Office is reviewing this.
- Data retention policies – Refer to NJDARM rules.
- Letters of Interest – Request is overly broad and not clear as to what is being asked
- Usage policies – Same as “use policys & standard operating procedures”
- Any informal agreements or other documents that reference "Spillman" or otherwise guide it use or the relationship between this agency and the provider or developer of the software. – There are no documents responsive to this request.

---

On Sept. 12, 2018:

To Whom It May Concern:

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

All documentation on any of Motorola's Spillman products (https://www.spillman.com/products/) including, but not limited to, the following:

- Initial Bid Documents
- Current and previous contracts with Motorola regarding any Spillman products
- Requests for Proposals
- Memorandum(s) of Understanding
- A list of all agencies with access to Monmouth County Sheriff's Office's shared Spillman system (the pdf referenced below mentions there are 53 agencies with access)
- Any privacy impact assessments
- Any product manuals
- Any instructional materials or presentations
- Use policies and standard operating procedures
- Data retention policies
- Letters of Interest
- Usage policies
- Any informal agreements or other documents that reference "Spillman" or otherwise guide it use or the relationship between this agency and the provider or developer of the software.

For reference and help in retrieving responsive documents, this program's use within your agency was publicly discussed within the pdf at the following link: https://info.motorolasolutions.com/hubfs/Literature/Case_Studies/Flex_SuperstormSandy_case.pdf?t=1527270698058 [archived link: https://web.archive.org/web/20180912163015/https://info.motorolasolutions.com/hubfs/Literature/Case_Studies/Flex_SuperstormSandy_case.pdf?t=1527270698058 ]

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,

J Ader

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/accounts/agency_login/police-10761/foia-monmouth-county-pd-spillman-documents-60664/?email=patriciaquelch%40helmerlegal.com&uuid-login=e4584dc7-7308-40ea-b3a5-d3775d2ca0a6#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 60664
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.
[Image removed by sender.]

You were sent this email on October 18, 2018. This is the response to your OPRA request.