Final Discipline
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:
Lt. Marco Rovelo final discipline before he was allowed to retire in October 2024. He received discipline from Chief Farley on accusations that he had stolen time.
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,
Dave
Dear Dave:
The Township of North Bergen (the “Township”) received your request dated 02/03/2026 under the New Jersey Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq.
Records requested:
"Lt. Marco Rovelo final discipline before he was allowed to retire in October 2024. He received discipline from Chief Farley on accusations that he had stolen time."
The Township responds:
‘Lt. Marco Rovelo final discipline before he was allowed to retire in October 2024” fails to identify a specific government record sought. 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).
“He received discipline from Chief Farley on accusations that he had stolen time” is an ambiguous statement that does not identify a government record sought and no response is required. See 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)).
To the extent that an Internal Affairs investigatory file exists, pursuant to N.J.S.A. 47:1A-9 (Section 9.6.1 of the New Jersey Attorney General Internal Affairs Policy & Procedures (November, 2022)), the nature and source of internal allegations, the progress of internal affairs investigations, and the resulting materials are confidential information and remain exempt from access under the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1.1 to -13. Additionally, pursuant to N.J.S.A. 47:1A-9 (N.J. Administrative Code § 13:1E-3.2 (Records designated confidential)),“Records, specific to an individual employee or employees - other than those records enumerated in 47:1A-10 as available for public access - and relating to or which form the basis of discipline, discharge, promotion, transfer, employee performance, employee evaluation, or other related activities, whether open, closed, or inactive, except for the final agency determination.” Your request is denied.
As with any OPRA request, you have the right to challenge the decision by the Township in regards to your request. 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 [email address] or at their web site at https://www.nj.gov/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in the County in which you reside.
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