BWC Footage
Dear North Bergen Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Body worn camera footage of all traffic stops performed on 7-30-25
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
The maximum authorized cost is $0.
Yours faithfully,
Tony Michael
Dear Mr. Michael:
The Township of North Bergen (the “Township”) received your request dated 09/14/2025 under the New Jersey Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq.
Records requested:
Body worn camera footage of all traffic stops performed on 7-30-25
The maximum authorized cost is $0.
The Township responds:
Response: Requests for “all” materials related to a particular matter are not proper under OPRA; rather, a request must seek specific, identifiable records. ((MAG Entm’t, LLC v. Div. of Alcohol Beverage Control, 375 N.J. Super. 534 (App. Div. 2005); Bent v. Stafford Police Dep’t, 381 N.J. Super. 30 (App. Div. 2005)). Your request fails to establish that the records sought, “Body worn camera footage of all traffic stops performed on 7-30-25,” relates to any specific record made or maintained by or in North Bergen.
To the extent that your request relates to body worn camera footage of traffic stops conducted within the Township of North Bergen, a search of the CAD identified (24) twenty-four individual entries identified as, “MV stop,” with (43) forty-three body-worn camera files directly related to those (24) twenty-four CAD entries. Pursuant to N.J.S.A. 47:1A-5.c, OPRA allows public agencies to impose special service charges whenever the nature, format, manner of collation, or volume of a government record is such that fulfilling a request requires an extraordinary expenditure of time and effort. The Township will be required to review all (43) forty-three files to make redactions in compliance with OPRA. The recordings collectively amount to approximately (8) eight hours of footage, which the Township estimates will take nearly (13) thirteen hours to collect, review visual footage and audio, redact, and record to media. The hourly rate of the lowest level employee capable of fulfilling your request is $73.30/hour. The Township will accordingly require a deposit of $952.90 (13 hours x $73.30/hour) before the Township commences its review. Any unused portion of the deposit will be returned to you. You may issue payment directly to the Township of North Bergen. If you do not approve or reject this charge within 7 business days, the Township will deem your request for BWC footage withdrawn.
Thank you.
Erin Barillas, RMC
Township Clerk
Township of North Bergen
4233 Kennedy Blvd
North Bergen, NJ 07047
e: [North Bergen Township request email]
o: 201-392-2024
f: 201-330-7694
www.northbergen.org
-----Original Message-----
From: Tony Michael <[OPRA #80761 email]>
Sent: Sunday, September 14, 2025 9:33 PM
To: Erin Barillas <[email address]>
Subject: OPRA request - BWC Footage
Dear North Bergen Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
Body worn camera footage of all traffic stops performed on 7-30-25
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
The maximum authorized cost is $0.
Yours faithfully,
Tony Michael
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