Overtime and Internal Affairs Investigation regarding Deputy Chief David Corbisiero
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:
-Deputy Chief David Corbisiero Overtime Compensation and Compensatory time for 2022
-Deputy Chief David Corbisiero Overtime Compensation and Compensatory time for 2023
-Deputy Chief David Corbisiero Overtime Compensation and Compensatory time for 2024
- Any reports or information related to an incident involving Deputy Chief Corbisiero striking a pedestrian cyclist with his work vehicle in North Bergen.
-Documentation indicating whether an Internal Affairs investigation was conducted regarding the incident.
- The outcome of the investigation if ever investigated.
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,
Bacon Egg & Cheese
Good Afternoon,
The Township of North Bergen (“Township”) writes in response to your 11/23/2024 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. The Township responds:
Request 1: Deputy Chief David Corbisiero Overtime Compensation and Compensatory time for 2022
Response: Pursuant to N.J.S.A. 47:1A-9 (Executive Order No. 9 (Hughes), N.J.A.C. 13:1E-3.2) and N.J.S.A. 47:1A-10, your request for “Compensatory time for 2022" (sic) is denied. In response to "Overtime Compensation" (sic), see attached entitled, "Deputy Chief Overtime OPRA" responsive to request for overtime compensation for 2022.
Request 2: Deputy Chief David Corbisiero Overtime Compensation and Compensatory time for 2023
Response: Pursuant to N.J.S.A. 47:1A-9 (Executive Order No. 9 (Hughes), N.J.A.C. 13:1E-3.2) and N.J.S.A. 47:1A-10, your request for “Compensatory time for 2023" (sic) is denied. In response to "Overtime Compensation" (sic), see attached entitled, "Deputy Chief Overtime OPRA" responsive to request for overtime compensation for 2023.
Request 3: Deputy Chief David Corbisiero Overtime Compensation and Compensatory time for 2024
Response: Pursuant to N.J.S.A. 47:1A-9 (Executive Order No. 9 (Hughes), N.J.A.C. 13:1E-3.2) and N.J.S.A. 47:1A-10, your request for “Compensatory time for 2024" (sic) is denied. In response to "Overtime Compensation" (sic), see attached entitled, "Deputy Chief Overtime OPRA" responsive to request for overtime compensation for 2024.
Request 4: Any reports or information related to an incident involving Deputy Chief Corbisiero striking a pedestrian cyclist with his work vehicle in North Bergen.
Response: Requests for "any" materials are overly broad, vague, and improper, and therefore denied. MAG Entm’t, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005). Pursuant to N.J.S.A. 47:1A5(g) requests for information or requests that ask questions are NOT valid OPRA requests. OPRA applies to requests for records, not requests for isolated facts. A valid OPRA request must seek specific, identifiable records.
A pedestrian is defined as "going or performed on foot" or "of, relating to, or designed for walking", which is in direct conflict with "cyclist" which is defined as, "a person who rides a bicycle or other cycle". We hold no records responsive to a "pedestrian cyclist."
Request 5: Documentation indicating whether an Internal Affairs investigation was conducted regarding the incident.
Response: As stated in the New Jersey Attorney General Internal Affairs Policy, Section 9.6.1: “The nature and source of internal allegations, the progress of internal affairs investigations, and the resulting materials are confidential information." Your request must be denied under OPRA pursuant to N.J.S.A. 47:1A-9 (Section 9.6.1 of the New Jersey Attorney General Directive 2020-7, Internal Affairs Policy and Procedures).
Request 6: The outcome of the investigation if ever investigated.
Response: As stated in the New Jersey Attorney General Internal Affairs Policy, Section 9.6.1: “The nature and source of internal allegations, the progress of internal affairs investigations, and the resulting materials are confidential information." Your request must be denied under OPRA pursuant to N.J.S.A. 47:1A-9 (Section 9.6.1 of the New Jersey Attorney General Directive 2020-7, Internal Affairs Policy and Procedures).
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 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 Hudson 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
www.northbergen.org