Dear Mr. Polanco:

The Township of North Bergen (“Township”) writes in response to your 12/26/2024 request seeking records pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1, et seq. (“OPRA”) and the common law.

Your request reads:
“Dear NORTH BERGEN PD
Officer Perez
Badge number: 94
I am submitting this Open Public Records Act (OPRA) request for records related to an incident where I was detained by a police officer on [date of the incident, e.g., April 24, 2024] while walking in North Bergen, New Jersey. Specifically, I am requesting:
1. Body camera footage from the officer(s) involved in the detention, including the video recording of the interaction between the officer and myself.
2. System data logs or recording activation logs from the body camera worn by the officer, which would indicate whether the camera was on and recording during the interaction on the aforementioned date.
3. Any incident or dispatch logs associated with the detention that can verify the timeline and actions of the officer(s) involved.
Please provide the requested records in digital format [email address]
Johan Polanco”

The Township responds:

N.J.S.A. 47:1A-5(f) requires OPRA requestors to certify whether the government record(s) sought will be used by the requestor or another person for a commercial purpose, which means the direct or indirect use of any part of a government record for sale, resale, solicitation, rent, or lease of a service or any use by which the user expects a profit either through commission, salary, or fee. Requestors that intentionally fail to certify that a records request is for a commercial purpose shall be subject to civil penalties pursuant to N.J.S.A. 47:1A-11. You failed to indicate such in your request, which constitutes an improper request in OPRA.
Pursuant to N.J.S.A. 47:1A-5, the requestor shall be required to certify whether the government record is being sought in connection with a legal proceeding and identify the proceeding for the request to be fulfilled. For purposes of this provision, a party to a legal proceeding shall include a party subject to a court order, any attorney representing that party, and any person acting as an agent for or on behalf of that party. Your request has failed to indicate this as well, rendering it as an improper request. Please note that future requests that fail to comply with OPRA’s requirements may be denied.

Despite the fact that your request was improper and the Township accordingly has no obligation to respond, the Township provides as follows:

Request 1: “…records related to an incident where I was detained by a police officer on [date of the incident, e.g., April 24, 2024] while walking in North Bergen, New Jersey.”
Response: The department sought clarification via phone, as your request reads [date of the incident, e.g., April 24, 2024]. As the abbreviation e.g., used in your request, stands for “exempli gratia,” meaning “for example,” and is used to provide specific examples that fall under a more general category. You failed to provide clarification that the date of the incident was in fact April 24th, 2024. Further, your request fails to identify a time frame in which to search for applicable records.
Additionally, your request states, “…while walking in North Bergen, New Jersey. “The Township encompasses an area of 5.57 square miles and clarification was needed to identify the requested incident, as PO Teodulo Perez responded to sixteen separate incidents in the CAD dispatch system.
A valid OPRA request must request specifically identifiable records that does not require a custodian to research files to determine which records are responsive, as established in the following court decisions: MAG Entm’t, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005), Bent v. Stafford Police Dept, 381 N.J. Super. 30 (App. Div. 2005), N.J. Builders Ass’n v. N.J. Council on Affordable Hous., 390 N.J. Super. 166 (App. Div. 2007), and Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007- 151 (February 2009).

This department has no records responsive to any incident where any person was “detained” on that date. However, this department has body worn camera footage of PO Teodulo Perez conducting an inquiry at Headquarters on April 24th, 2024, which has subsequently been provided to you. Additionally, footage from the other responding officers has been provided as well. The footage is too large to transmit via email and has been prepared to DVD, available for pickup in the Clerk’s Office.

Request 2. System data logs or recording activation logs from the body camera worn by the officer, which would indicate whether the camera was on and recording during the interaction on the aforementioned date. (sic)
Response: Attached please find the document entitled OPRA Request - Axon Log 24-038736.

Request 3. Any incident or dispatch logs associated with the detention that can verify the timeline and actions of the officer(s) involved.
Response: Attached please find the document entitled OPRA Request – Cad Log 24-038736.

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, by e-mail at [email address], 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 Hudson County.

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

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