We received your OPRA request on May 27, 2020, and are seeking clarification. We understand your request to be asking for cases where the police department or an officer was a defendant. Please confirm.

Thanks.

Erin Barillas, RMC
Township Clerk
Township of North Bergen
4233 Kennedy Boulevard
North Bergen, NJ 07047
[North Bergen Township request email]
201-392-2024 (phone)
201-330-7694 (fax)

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Good Afternoon Mr. Kim,

Please be advised that the Township will need a week extension on your request for records filed with the Clerk's Office on May 27, 2020 requesting the following information:

1. A list of all lawsuits and cases in which any officer of the police department was involved between 2012 and 2019. For each lawsuit/case, please provide the date (month and year) of the alleged incident at issue, whether the alleged incident was excessive force, settlement amount (if any), and final compensation amount ruled (if any).

2. Please provide copies of the complaint in any lawsuits and cases described above.

If you have any questions, please feel free to contact me.

Thank you.

Erin Barillas, RMC
Township Clerk
Township of North Bergen
4233 Kennedy Boulevard
North Bergen, NJ 07047
[North Bergen Township request email]
201-392-2024 (phone)
201-330-7694 (fax)

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Township of North Bergen

Open Public Records Request

Reference Number: OPRA-2020-00990

Date Entered: 5/28/2020 9:34:00 AM

Dear TAEHO KIM,

The Township of North Bergen has fulfilled your Open Public Records
Request dated 05/28/2020.

The request sought access to the following records:

1. A LIST ALL LAWSUITS AND CASES IN WHICH ANY OFFICER OF POLICE DEPARTMENT
WAS INVOLVED BETWEEN 2012 AND 2019. FOR EACH LAWSUIT/CASE, PLEASE PROVIDE
THE DATE (MONTH AND YEAR) OF THE ALLEGED INCIDENT WAS EXCESSIVE FORCE,
SETTLEMENT AMOUNT (IF ANY), AND FINAL COMPENSATION RULED (IF ANY). 
2.PLEASE PROVIDE COPIES OF THE COMPLAINT IN ANY LAWSUITS AND CASES
DESCRIBED ABOVE.  YOUR FAITHFULLY,  UC RESEARCH

The records are being transmitted to you via Email. Pursuant to N.J.S.A.
47:1A-5.b. the cost associated with this request is $0.00.

Dear Mr. Kim:  The Township of North Bergen (the “Township”) received your
request under the New Jersey Open Public Records Act (“OPRA”), N.J.S.A.
47:1A-1, et¬ seq., on May 27, 2020, at 4:05 pm.  The Township requested an
extension until June 15, 2020, within which to respond.  You are seeking
the following:  1.      A list of all lawsuits and cases in which any
officer of the police department was involved between 2012 and 2019. For
each lawsuit/case, please provide the date (month and year) of the alleged
incident at issue, whether the alleged incident was excessive force,
settlement amount (if any), and final compensation amount ruled (if any). 
2.      Please provide copies of the complaint in any lawsuits and cases
described above.  On May 27, 2020, we made the following request for
clarification:  We received your OPRA request of May 27, 2020, and are
seeking clarification.  We understand your request to be asking for cases
where the police department or an officer was a defendant.  Please
confirm.  We did not receive a response, and will respond to your request
based on the Township’s understanding.  First Request With respect to the
first request, it is granted in part and denied in part.  Attached to this
request is a list of lawsuits as requested.  With respect to the balance
of request number 1, the request is improper. Under OPRA, a requestor must
seek specific, identifiable documents or records. MAG Entertainment, LLC
v. Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 868 (App.
Div. 2005).  Requests for information are not valid under OPRA. Id.  Your
request fails to identify any specific, identifiable record for the
Township to provide. Accordingly, the Township is not under any obligation
to respond to the balance of request number 1.  Second Request With
respect to request number 2, the Township attaches complaints in the
following matters: Cruz v. Segro, et al.; Andersen v. North Bergen Police
Department, et al.; Marrero v. Township of North Bergen Police Department,
et al., Rovelo v. Township of North Bergen, et al., Lee v. Dong-Xiong,
et.al., Alas-Cruz v. Township of North Bergen Police Department et. al., 
Jerez, et. al., v. The Township of North Bergen Police Department et.
al.,  Yabroudi v. Township of North Bergen, et. al., and, Gray v. North
Bergen Police Department et. al.

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 Township of North Bergen 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 [email address], or at
their web site at www.state.nj.us/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 your County.

This is an automated response, please do not reply. If you have any
questions please feel free to contact the Township of North Bergen at
(201) 392-2024 and quote the reference number above.

Sincerely,

Erin Barillas, RMC

Clerk`s Department/Records Custodian