Dear Union City,

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:
The Following Identifiable Government Records:

COPIES OF POLICE REPORTS:
DEFENDANT: BRIAN P. STACK

1. Complaint # S 2004 2649, court code 0910, Police report # 04-071001, issue date 10/27/04, offense date, 10/27/04.

2. Complaint # S 2005 1416, court code 0910, Police report # 05-044238, Issue date 06/20/05, offense date 06/20/05.

3. Complaint # S 2013 1735, court code 0910, Police report # 13-068215, issue date 01/23/14, offense date 11/2/13.

4. Complaint # S 2003 28, court code 0910, Police report # 03-000959, issue date 01/05/03, offense date 01/04/03.

5. Complaint # S 2003 29, court code 0910, Police report # 03-000959, issue date 01/05/03, offense date 01/04/03.

6. Complaint # S 2004 2639, court code 0910, police report # 04-070956, issue date 10/27/04, offense date 10/24/04.

7. Complaint # S 2004 2644, court code 0910, Police report # 04-070956, issue date 10/27/04, offense date 10/24/04.

8. Traffic Summons/Ticket # H 402935, issue date 06/20/05, offense date 06/20/05, location 8th Street and New York Ave.

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,

Marco D Navarro

Dear Samuel Aguila,

Please give me a call I am seeking clarification pleas

Yours sincerely,

Marco D Navarro

Dear Union City,

Please pass this on to the person who conducts Open Public Records Act reviews.

I am writing to request an internal review of Union City's handling of my OPRA request 'Police reports Stack'.

Dear Mr. Aguila & Ms. Rosario
Thank you for your response. However, I must respectfully disagree with your characterization of the records I requested.
As stated in my original OPRA request, I am seeking police-generated documents — including, but not limited to:
Police incident reports
Complaints listing Brian P. Stack as a defendant
Traffic summonses or citations
Any arrest logs or administrative enforcement actions

These records are created and maintained by local law enforcement, not the Judiciary. As such, they are not exempt as “judicial records” under N.J.S.A. 47:1A-5(i). Directing me to PROMIS/Gavel or eCourts is insufficient and does not satisfy your obligations under the New Jersey Open Public Records Act (OPRA).

Failure to Provide Legally Sufficient Denial

Pursuant to N.J.S.A. 47:1A-6, if a request is denied in whole or in part, the records custodian must state:
The specific legal basis for the denial,
How that basis applies to each withheld record, and
provide a record-by-record analysis, not a vague, blanket citation of an exemption.

Your response fails to do so.

A vague response such as, “These are judiciary records,” without identifying which specific documents are exempt and why, is legally insufficient under OPRA. The Government Records Council has consistently held that general references to case law or statutory exemptions are not enough. Each record must be reviewed individually, with a precise explanation of the exemption being applied to each.

Continued Request and Demand for Legal Justification

Accordingly, I am reiterating my request for:
Disclosure of all non-exempt records, including traffic summonses and complaints,
If denial is maintained, a specific legal analysis per record explaining:
What statute or exemption applies,
How the document meets the definition of that exemption,
Why redaction, rather than full withholding, is not feasible.

Final Notice:
If the City fails to provide either the requested documents or a legally sufficient response that complies with N.J.S.A. 47:1A-6 and 47:1A-5(g) within five (5) business days, I will proceed with filing a formal Denial of Access Complaint with the New Jersey Government Records Council and/or initiate an action in Superior Court.

A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/police_r...

Yours faithfully,
Marco D Navarro

For the record see below for my prior initial email message in response to the denial.
RE: Response to Denial of OPRA Request – Tracking No. 020012

Dear Ms. Rosario,
I am writing in response to your letter dated June 25, 2025, denying my OPRA request for police reports and traffic offense records involving Mayor Brian P. Stack, in which he is listed as a defendant. The City has cited N.J.S.A. 47:1A-1.1 and referenced the cases Janeczko v. Division of Criminal Justice and Gerard Lanosga v. Borough of Princeton as the basis for the denial.

After careful review, I believe this denial is not consistent with the requirements of New Jersey’s Open Public Records Act (OPRA). I respectfully request that the City reconsider its response for the reasons outlined below:

I. Blanket Denial Is Improper Under OPRA
OPRA requires a record-by-record analysis. The City may not issue a blanket denial for a request simply because it believes one or more documents may fall under a potential exemption. You are obligated to examine each responsive document and determine what portions, if any, are disclosable.

II. Traffic Records Are Not Exempt Criminal Investigatory Records
My request includes materials such as:

Motor vehicle accident reports (which are explicitly disclosable under N.J.S.A. 39:4-131),

Traffic summonses or citations (which are public court records),

Incident reports and arrest logs, which are often administrative in nature.

These types of records do not qualify as “criminal investigatory records” under OPRA unless they meet the two-prong test under N.J.S.A. 47:1A-1.1:

Not required by law to be made, and

Pertaining to a criminal investigation.

For example, traffic tickets and crash reports are required by law to be made and maintained, and are not exempt from disclosure.

III. Failure to Redact Rather Than Withhold Entirely
Even if portions of the requested records qualify for exemption (e.g., personal identifiers or confidential notes), OPRA requires the release of non-exempt portions with proper redactions. A full denial is improper and violates N.J.S.A. 47:1A-5(g).

IV. Inadequate Justification Under N.J.S.A. 47:1A-6
The denial letter cites the exemption without explaining how each record, or portion thereof, qualifies as exempt. This does not satisfy the custodian’s burden under N.J.S.A. 47:1A-6 to “state the specific basis” for the denial and to support it with facts.

V. Request for Reconsideration
In light of the above, I respectfully request that the City:

Conduct a proper, item-by-item review of the requested records;

Release all non-exempt records, including any:

Motor vehicle accident reports,

Traffic summonses/citations,

Incident reports or arrest logs not solely investigatory in nature;

Provide specific legal justification for any redactions or continued denials, citing the law and explaining how each record qualifies as exempt.

If the City fails to respond appropriately within seven (5) business days, I will proceed to file a formal Denial of Access Complaint with the New Jersey Government Records Council and/or seek relief in Superior Court under both OPRA and the common law right of access.

Thank you for your prompt attention to this matter. I look forward to your revised response.