Request for Existing BWC &/ MVC Footage & Requests

Joe P made this OPRA request to Middlesex Borough as part of a batch sent to 25 authorities Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was partially successful.

Dear Middlesex Borough,

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 N.J.S.A. 47:1A-5(f), which states that an email from a requestor containing all required information shall suffice as a valid records 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 any legal proceeding.

I request copies of all OPRA requests received by your agency from January 1, 2025, to the present that sought Body-Worn Camera (BWC) or Motor Vehicle Camera (MVC) footage. I also request copies of the BWC or MVC videos that were already located, reviewed, and released in response to those prior OPRA requests.

To minimize agency workload, I clarify that I am not requesting the identification or search of any new incidents or any new footage. I am requesting only materials that already exist, that have already been gathered and reviewed, and that have already been released to previous requestors. I will accept all records in whatever digital format they currently exist.

These records are disclosable government records under OPRA. Prior OPRA requests and any responsive footage that has already been released are public records, and previously disclosed BWC or MVC footage cannot later be withheld under investigatory exemptions. Because these items have already undergone legal review, producing them again does not require new exemption analysis, redaction, or investigation.

Thank you for your assistance.

Yours faithfully,

Joe P

Mayensi Recinos, Middlesex Borough

1 Attachment

Dear Joe P ,

 

The Borough of Middlesex received your Open Public Records Act (OPRA)
request on December 10, 2025.  The official Records Custodian, Kelsey
Meixner, received your OPRA requests on December 10, 2025.  As such, the
seven (7) business day deadline to respond to your requests is December
19, 2025 . 

 

Your request sought access to the following:

 

 

Dear Middlesex Borough,

 

 

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 N.J.S.A. 47:1A-5(f), which states that an email from a requestor
containing all required information shall suffice as a valid records
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 any legal proceeding.

 

 

I request copies of all OPRA requests received by your agency from January
1, 2025, to the present that sought Body-Worn Camera (BWC) or Motor
Vehicle Camera (MVC) footage. I also request copies of the BWC or MVC
videos that were already located, reviewed, and released in response to
those prior OPRA requests.

 

 

To minimize agency workload, I clarify that I am not requesting the
identification or search of any new incidents or any new footage. I am
requesting only materials that already exist, that have already been
gathered and reviewed, and that have already been released to previous
requestors. I will accept all records in whatever digital format they
currently exist.

 

 

These records are disclosable government records under OPRA. Prior OPRA
requests and any responsive footage that has already been released are
public records, and previously disclosed BWC or MVC footage cannot later
be withheld under investigatory exemptions. Because these items have
already undergone legal review, producing them again does not require new
exemption analysis, redaction, or investigation.

 

 

Thank you for your assistance.

 

 

Yours faithfully,

 

 

Joe P

 

Regards,

 

 

 

Mayensi Recinos

Clerk’s Department

Phone: 732.356.7400 x237

Fax: 732.356.7954

[1][email address]

 

 

 

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from disclosure under applicable law.If you are not the intended recipient
of this message, you are prohibited from reading, disclosing, reproducing,
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References

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Mayensi Recinos, Middlesex Borough

2 Attachments

 

Dear Joe P,

 

I am writing in response to your OPRA request seeking:

 

 1. copies of all OPRA requests received by this agency from January 1,
2025, to the present that sought Body-Worn Camera (“BWC”) or Motor
Vehicle Camera (“MVC”) footage, and

 

(2) copies of the BWC or MVC videos that were previously located,
reviewed, and released in response to those OPRA requests.

 

1. Prior OPRA Requests – Valid and Will Be Fulfilled

Your request for copies of prior OPRA requests submitted to this agency is
valid under OPRA. Those records have been gathered and are attached.
Please note certain information has been redacted to comply with privacy
protections of OPRA, under N.J.S.A. 47:1A-1 and -1.1. Releasing such
information would violate the privacy protections of OPRA, as set forth in
these sections.

 

 

2. Request for Copies of Previously Released BWC/MVC Footage – Not Valid
Under OPRA

However, your request for copies of the BWC or MVC videos previously
released in response to prior OPRA requests cannot be fulfilled for
several reasons.

 

First, OPRA does not require a records custodian to maintain a list, log,
or database of records provided in response to prior OPRA requests, nor
does OPRA obligate a custodian to reproduce records in the same manner
they may have been produced to another requestor. OPRA requires access to
existing identifiable government records, not the compilation or
recreation of past productions.

 

Second, BWC and MVC footage is highly regulated and subject to a detailed
statutory disclosure framework. Under New Jersey’s body-worn camera law
and applicable Attorney General directives, the determination of whether
footage is subject to public inspection depends on time-sensitive facts
and circumstances surrounding each incident and whether any related
investigation remains active.

 

Critically, the disclosure analysis occurs at the time of each OPRA
request. The fact that certain footage may have been disclosable—or even
released—at a prior point in time does not automatically make it subject
to public inspection in perpetuity. Before any BWC or MVC footage can be
provided again, it must be:

• located,
• re-reviewed,
• redacted as necessary, and
• assessed for disclosure under the current circumstances and applicable
exemptions.

 

This review requirement applies regardless of whether footage was once
released in response to a prior request.

 

For these reasons, the portion of your request seeking all previously
released BWC/MVC videos is not valid under OPRA. If you wish to request
specific footage, please identify the particular incident(s), date(s),
time(s), or officer(s) involved so that we may evaluate the footage for
disclosure in accordance with OPRA and the governing statutes.

 

Please let me know how you would like to proceed.

 

Sincerely,

 

 

 

Mayensi Recinos

Clerk’s Department

Phone: 732.356.7400 x237

Fax: 732.356.7954

[1][email address]

 

 

 

This e-mail and its attachments (if any) are intended solely for the use
of the addresses hereof. In addition, this message and the attachments (if
any) may contain information that is confidential, privileged and exempt
from disclosure under applicable law.If you are not the intended recipient
of this message, you are prohibited from reading, disclosing, reproducing,
distributing, disseminating or otherwise using this transmission. 
Delivery of this message to any person other than the intended recipient
is not intended to waive any rights or privilege.  If you have received
this message in error, please promptly notify the sender by reply e-mail
and immediately delete this message from your system.

 

References

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1. mailto:[email address]

Dear Mayensi Recinos,

Thank you for your response. Can the Boro please provide a Vaughn-style index or other explanation identifying the statutory basis for each category of redaction, as required by N.J.S.A. 47:1A-5(g). I do believe some of your redactions, such as police report & ticket numbers, are inappropriate and not legally supported under OPRA.

Yours sincerely,

Joe P

Mayensi Recinos, Middlesex Borough

1 Attachment

Hi Joe P,

You are correct, I was not supposed to redact the police report number and ticket numbers.

Sorry about that. I have redacted the documents again, please see attached.

Thank you,

Mayensi Recinos
Clerk’s Department
Phone: 732.356.7400 x237
Fax: 732.356.7954
[email address]

This e-mail and its attachments (if any) are intended solely for the use of the addresses hereof. In addition, this message and the attachments (if any) may contain information that is confidential, privileged and exempt from disclosure under applicable law.If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission.  Delivery of this message to any person other than the intended recipient is not intended to waive any rights or privilege.  If you have received this message in error, please promptly notify the sender by reply e-mail and immediately delete this message from your system.

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