Good Morning,

Please go on the northbergen.org (scroll down on main page – right hand
side you will see Township Links – last link (Request for Public
Records).  Please fill out and submit.

Thank you

Deidry Gonzalez

From: Erin Barillas <[email address]>
Sent: Sunday, September 17, 2023 3:00 PM
To: Deidry Gonzalez <[email address]>
Subject: Fwd: OPRA request - Police Report 22-114248

Sent from my iPhone

Begin forwarded message:

From: Todd Packer
<[1][OPRA #52924 email]>
Date: September 17, 2023 at 1:28:34 PM EDT
To: Erin Barillas <[2][email address]>
Subject: OPRA request - Police Report 22-114248

Dear North Bergen Township,

This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
 Records requested:

Police Report 22-114248 and all supplemental reports. Personal
information can be redacted as required by law.

Yours faithfully,

Todd Packer

-------------------------------------------------------------------

Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[3][OPRA #52924 email]

Is [4][North Bergen Township request email] the wrong address for OPRA requests
to North Bergen Township? If so, please contact us using this form:
[5]https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:
[6]https://opramachine.com/help/officers

View this OPRA request & responses online:
[7]https://opramachine.com/request/police_r...

Please note that in some cases publication of requests and responses
will be delayed.

If you find this service useful as an OPRA custodian, please ask your
web manager to link to us from your organisation's website.

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References

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2. mailto:[email address]
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5. https://opramachine.com/change_request/n...
6. https://opramachine.com/help/officers
7. https://opramachine.com/request/police_r...

Good Morning,

Please go on the northbergen.org (scroll down on main page – right hand
side you will see Township Links – last link (Request for Public
Records).  Please fill out and submit.

Thank you

Deidry Gonzalez

Sent from [1]Mail for Windows

References

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1. https://go.microsoft.com/fwlink/?LinkId=...

Township of North Bergen

Open Public Records Request

Reference Number: OPRA-2023-01734

Date Entered: 9/18/2023 3:56:56 PM

Dear Todd Packer,

This email is to confirm submission of your Open Public Records Request to
the Township of North Bergen. Additional emails will be sent upon
processing of your request.

The request seeks access to the following records:

Dear North Bergen Township,
This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
Records requested:
Police Report 22-114248 and all supplemental reports. Personal information
can be redacted as required by law.
Yours faithfully,
Todd Packer

A copy of the request is attached for your records.

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

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

Please download these attachments from the links below:

• [1]2671757d-06874-e6c46877-c958-49b2-879f-9dea2b56c574.pdf

References

Visible links
1. https://main.govpilot.com/uuploads/Email...

Township of North Bergen

Open Public Records Request

Reference Number: OPRA-2023-01734

Date Entered: 9/18/2023 3:56:00 PM

Dear Todd Packer,

This email is to confirm receipt of your Open Public Records Request by
the Township of North Bergen. The Custodian of Records received your
request on 09/18/2023. As such, the seven (7) business day deadline to
respond to your request is 09/27/2023.

The request seeks access to the following records:

Dear North Bergen Township,
This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
Records requested:
Police Report 22-114248 and all supplemental reports. Personal information
can be redacted as required by law.
Yours faithfully,
Todd Packer

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

Township of North Bergen

Open Public Records Request

Reference Number: OPRA-2023-01734

Date Entered: 9/18/2023 3:56:00 PM

Dear Todd Packer,

DEIDRY GONZALEZ has commented the following on 9/19/2023 10:57:00 AM in
regards to your Open Public Records Request:

The Township of North Bergen (“Township”) writes in response to your
09/18/2023 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 seeks:
“Police Report 22-114248 and all supplemental reports. Personal
information can be redacted as required by law.”
Yours faithfully,
Todd Packer
In response to your request, see attached records, redacted for privacy in
accordance with N.J.S.A. 47:1A-1 and -1.1. 
N.J.S.A. 47:1A–3(b) identifies categories of “information concerning a
criminal investigation” that “shall be available to the public within 24
hours or as soon as practicable, of a request.” Among other items, the
statute requires disclosure of “information as to the identity of the
investigating and arresting personnel and agency.” The statute also
mandates disclosure of “information of the circumstances immediately
surrounding the arrest, including but not limited to the time and place of
the arrest, resistance, if any, pursuit, possession and nature and use of
weapons and ammunition by the suspect and by the police.”  As such, the
arrest report, complaint sheet, and Cad log have been provided to you.
The remainder of the records/information you requested are presently
exempt from production pursuant to N.J.S.A. 47:1A-1, N.J.S.A. 47:1A-1.1
criminal investigatory records) and/or N.J.S.A. 47:1A-3 (investigations in
progress). These reports outline in detail the measures and techniques
employed to conduct the investigation, and if released at this time, may
compromise the outcome and adjudication of this matter. As of 09/19/2023
this matter is currently transferred to Hudson County Superior Court and
remains active (Central Judicial Processing case 2022-08154). 
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.
Government Records Council (GRC)
The Official site of the State of NEw Jersey Government Records Council
www.state.nj.us
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.
The common-law right to access public records depends on three
requirements:
(1) the records must be common-law public materials;
(2) the person seeking access must ‘establish an interest in the subject
matter of the material,’; and
(3) the citizen`s right to access ‘must be balanced against the State`s
interest in preventing disclosure.”
Keddie v. Rutgers, 148 N.J. 36, 50, 689 A.2d 702, 709 (1997)(internal
citations omitted). 
You have not set forth how your need for disclosure outweighs the State’s
clearly-expressed, strong public policy in preventing such disclosure.
This is currently a criminal investigation and not subject to release at
this time. If said reports were released it would undermine the State`s
ability to facilitate Defendant`s due process rights at this time.  This
matter has not yet been released to defense counsel, and would
significantly compromise the adjudication process.
Accordingly, your request is denied under common law.

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

Township of North Bergen

Open Public Records Request

Reference Number: OPRA-2023-01734

Date Entered: 9/18/2023 3:56:00 PM

Department Deadline Date: 09/26/2023

Requestor Deadline Date: 09/27/2023

Dear Todd Packer,

The Township of North Bergen has fulfilled your Open Public Records
Request dated 09/18/2023.

The request sought access to the following records:

Dear North Bergen Township,
This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
Records requested:
Police Report 22-114248 and all supplemental reports. Personal information
can be redacted as required by law.
Yours faithfully,
Todd Packer

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.

The Township of North Bergen (“Township”) writes in response to your
09/18/2023 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 seeks:
“Police Report 22-114248 and all supplemental reports. Personal
information can be redacted as required by law.”
Yours faithfully,
Todd Packer
In response to your request, see attached records, redacted for privacy in
accordance with N.J.S.A. 47:1A-1 and -1.1. 
N.J.S.A. 47:1A–3(b) identifies categories of “information concerning a
criminal investigation” that “shall be available to the public within 24
hours or as soon as practicable, of a request.” Among other items, the
statute requires disclosure of “information as to the identity of the
investigating and arresting personnel and agency.” The statute also
mandates disclosure of “information of the circumstances immediately
surrounding the arrest, including but not limited to the time and place of
the arrest, resistance, if any, pursuit, possession and nature and use of
weapons and ammunition by the suspect and by the police.”  As such, the
arrest report, complaint sheet, and Cad log have been provided to you.
The remainder of the records/information you requested are presently
exempt from production pursuant to N.J.S.A. 47:1A-1, N.J.S.A. 47:1A-1.1
criminal investigatory records) and/or N.J.S.A. 47:1A-3 (investigations in
progress). These reports outline in detail the measures and techniques
employed to conduct the investigation, and if released at this time, may
compromise the outcome and adjudication of this matter. As of 09/19/2023
this matter is currently transferred to Hudson County Superior Court and
remains active (Central Judicial Processing case 2022-08154). 
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.
Government Records Council (GRC)
The Official site of the State of NEw Jersey Government Records Council
www.state.nj.us
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.
The common-law right to access public records depends on three
requirements:
(1) the records must be common-law public materials;
(2) the person seeking access must ‘establish an interest in the subject
matter of the material,’; and
(3) the citizen`s right to access ‘must be balanced against the State`s
interest in preventing disclosure.”
Keddie v. Rutgers, 148 N.J. 36, 50, 689 A.2d 702, 709 (1997)(internal
citations omitted). 
You have not set forth how your need for disclosure outweighs the State’s
clearly-expressed, strong public policy in preventing such disclosure.
This is currently a criminal investigation and not subject to release at
this time. If said reports were released it would undermine the State`s
ability to facilitate Defendant`s due process rights at this time.  This
matter has not yet been released to defense counsel, and would
significantly compromise the adjudication process.
Accordingly, your request is denied under common law.

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

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

Please download these attachments from the links below:

• [1]6ab3ffaf-22023275379_0908W2022_771.pdf
• [2]6ab3ffaf-22023405030_22-114248_OPRA_2023-01734.pdf
• [3]6ab3ffaf-22023420128_22-114248_OPRA_2023-01734.pdf

References

Visible links
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