Dear Farm Boy:

The Township of North Bergen (the “Township”) received your request dated
08/22/2025 under the New Jersey Open Public Records Act (“OPRA”), N.J.S.A.
47:1A-1 et seq.

Records requested:
I am requesting Detective Michael A Derin hire date and department
positions held, and for what period of time. Also need Detective Michael A
Derin report/documents when he was Arrested for DWI.

 

The Township responds:

Request 1: “I am requesting Detective Michael A Derin hire date and
department positions held, and for what period of time.”

Response:  Responsive to “…Michael A Derin hire date…” attached please
find a document entitled, “Michael A. Derin Hire Dates.” In response to,
“…department positions held...” that information is exempt pursuant
to N.J.S.A. 47:1A-9 (N.J.A.C. 13:1E-3.2), which states that, “The duty
assignment of an individual law enforcement officer or any personally
identifiable information that may reveal or lead to information that may
reveal such duty assignment, including, but not limited to, overtime data
pertaining to an individual law enforcement officer, is confidential
information.

Request 2: “Also need Detective Michael A Derin report/documents when he
was Arrested for DWI.”

Response: The Township holds no record of any arrest of Det. Michael A.
Derin conducted by the North Bergen Police Department. To the extent the
Township possesses any responsive records within a background
investigation file, your request must be denied under OPRA pursuant to the
following:

N.J.S.A. 47:1A-10 Personnel, pension records not considered public
information; exceptions.

Notwithstanding the provisions of P.L. 1963, c. 73 (C. 47:1A-1 et seq.) or
any other law to the contrary, the personnel or pension records of any
individual in the possession of a public agency, including but not limited
to records relating to any grievance filed by or against an individual,
shall not be considered a government record and shall not be made
available for public access, except that an individual's name, title,
position, salary, payroll record, length of service, date of separation
and the reason therefor, and the amount and type of any pension received
shall be a government record;

 

and N.J.S.A. 47:1A-9 (N.J.A.C. 13:1E-3.2)

N.J. Admin. Code § 13:1E-3.2- Records designated confidential

(a) In addition to records designated as confidential pursuant to the
provisions of 47:1A-1 et seq., as amended and supplemented, any other law,
regulation promulgated under the authority of any statute or Executive
Order of the Governor, resolution of both houses of the Legislature,
Executive Order of the Governor, Rules of Court, or any Federal law,
Federal regulation, or Federal order, the following records shall not be
considered government records subject to public access pursuant to 47:1A-1
et seq., as amended and supplemented:

 

1. Records concerning background investigations or evaluations for public
employment, appointment to public office, or licensing, whether open,
closed, or inactive.

 

As with any OPRA request, you have the right to challenge the decision by
the Township. 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, or at its web site at
[1]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.

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

[2]www.northbergen.org

 

 

══════════════════════════════════════════════════════════════════════════

From: Farm Boy <[OPRA #79925 email]>
Sent: Friday, August 22, 2025 2:07 PM
To: Erin Barillas <[email address]>
Subject: OPRA request - Det. Michael A Derin DWI Arrest
 
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:

I am requesting Detective Michael A Derin hire date and department
positions held, and for what period of time. Also need Detective Michael A
Derin report/documents when he was Arrested for DWI.

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.

Yours faithfully,

Farm Boy ☘️

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address for all replies to this request:

[OPRA #79925 email]

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References

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