Request for Bodycam footage(FOIA)
Dear Nutley Township,
Under the authority granted by the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), I am formally requesting the release of the below-mentioned body-worn camera and dashcam footage pertaining to the specific incident outlined below:
Incident Case Number: 23-92144
Officer Name & Badge Number:
1. Officer Kania[392] , = bodycam + Dashcam
2. Officer D'Alessio[363] = bodycam
3. [Unit #17]= Backseat cam
This request encompasses unedited footage from the above-mentioned officer's body-worn cameras and patrol vehicle dashcams involved in the referenced incident.
In compliance with the New Jersey OPRA, I expect a response to this request within seven business days as stipulated by state law. Failure to meet this deadline will result in my seeking judicial relief to enforce compliance under the statute.
Please inform me of any fees associated with the processing of this request prior to proceeding. The timely and unimpeded access to these records is essential for maintaining public transparency and upholding New Jersey's statutory requirements.
Should there be any need for clarification or further details regarding this request, please contact me directly without delay.
I appreciate your prompt attention to this matter and look forward to your cooperation.
Sincerely,
Pamelina Manna
Ms. Manna,
This correspondence shall serve as Nutley Township (the “Township”)’s
response to your request for access to government records pursuant to the
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which was
received by the Township on April 23, 2025 during regular office hours.
Attached is a copy of your request for records, and below is the
Township’s response to the same:
Please see below a link to the requested footage. PLEASE NOTE THAT THE
LINK TO THE FILE(S) WILL EXPIRE IN 30 DAYS, so you may want to move the
data to a permanent location. Personal identifying has been redacted
pursuant to N.J.S.A. 47:1A-1.1. Also, redactions have been made in order
to protect information deemed confidential under the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) and the associated
Privacy Rule.
[1]OPRA 211-25
To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the Township of Nutley’s interest in
nondisclosure. See Loigman v. Kimmelman, 102 N.J. 98 (1986). The foregoing
response to your request for access to government records incorporates the
aforementioned balancing test. Please note that "a party's status as a
litigant does not enlarge its access to government records under OPRA”.
MAG Entm't, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super.
534, 545-46 (App. Div. 2005). The Township reserves its right to deny any
request for records that are the subject of any discovery, subpoena or
court order pursuant to N.J.S.A. 47:1A-5. Moreover, the Township may
restrict access to records sought for a commercial purpose. Id. The
Township reserves the right to raise any other grounds for denial not
raised in this response. Failure of the Township to assert an exemption or
privilege does not act as a waiver of any grounds for denial. Furthermore,
a reviewing Court or the Government Records Council ("GRC") may deem a
denial of access to be authorized on grounds other that those advanced by
a custodian. See Paff v. Twp. of Plainsboro, A-2122- 05T2, 2007 WL 957289,
at *2 (App. Div., Apr. 2, 2007), affirming, Paff v. Township of
Plainsboro, GRC Complaint No. 2005-29 (March 2006). If your request for
access to a government record has been denied or unfilled, you have a
right to challenge the decision by the Township to deny access. At your
option, you may either initiate a proceeding in the Superior Court of New
Jersey or file a complaint with the 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
[2][email address], or on its website at [3]//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.
Sincerely,
Lucy Jacobs
OPRA Liaison
Department of Revenue and Finance
Township of Nutley, NJ
Office: 973-284-4951 x2222
1 Kennedy Drive
Nutley, New Jersey 07110
[4]www.nutleynj.org
References
Visible links
1. https://linkprotect.cudasvc.com/url?a=ht...
2. mailto:[email address]
3. https://linkprotect.cudasvc.com/url?a=ht...
4. http://www.nutleynj.org/