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:

1. The total annual amount of stipend (financial compensation) added to the annual salary of Captain Michael Bergbauer in his capacity as Director of EMS.

2. Copy of the following certifications:
a. NJ State Dept. of Health Emergency Medical Technician Certification.
b. National Registry Emergency Medical Technician Certification.
c. Basic Life Support AED/CPR certification issued by the American Heart Association.
d. NJ State Dept. of Health EMT-Paramedic License.
e. National Registry Paramedic Certification.
f. Advanced Cardiac Life Support (ACLS) certification issued by the American Heart Association.
g. Associate's or Bachelor's Degree in Nursing Science.
h. Diploma of completion of a Medical Doctorate program.
i. Any relevant medical training or certification that would make Captain Michael Bergbauer medically qualified to be Director of EMS and/or Medical Director of EMS.

My request does identify specific records with reasonable clarity, in accordance with Bent v. Stafford Twp. Police Dep’t, 381 N.J. Super. 30 (App. Div. 2005). I requested:
1. Records showing the total annual stipend or additional financial compensation paid to Captain Michael Bergbauer in his capacity as Director of EMS; and
2. Copies of any records verifying certifications or professional credentials held by Captain Bergbauer that are on file with the City /EMS Division.

These are clearly identifiable existing records maintained by the City in the ordinary course of business. I am not asking for the creation of new records or for information in narrative form.

Furthermore, under Asbury Park Press v. Ocean County Prosecutor’s Office, 374 N.J. Super. 312 (Law Div. 2004), and GRC Complaint No. 2007-199 (Kovalcik v. Somerset County Prosecutor’s Office), both salary and qualification records for public employees are considered government records subject to disclosure.

Your denial also does not comply with N.J.S.A. 47:1A-5(g), which requires a written statement of the specific legal basis for any denial (such as citing a particular statutory exemption). Please either:
• Provide the requested records, or
• Specify the precise exemption under OPRA that you claim applies to each record type.

Additionally, Professional and medical certifications that qualify an employee for a public position are not confidential personnel records.
They are directly related to the employee’s public duties and qualifications, which are subject to disclosure under OPRA.
See Kovalcik v. Somerset County Prosecutor’s Office, GRC Complaint No. 2007-199 (2008):
“Records evidencing qualifications required for public employment, such as licenses and certifications, are public records.”

If necessary, I am willing to narrow or clarify the request, but as written it already meets the statutory standard of specificity.

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 Hilda I Rosario,

Thank you for your response. Respectfully, your denial under N.J.S.A. 47:1A-5(i) is not applicable to my request.

Section 5(i) applies only when:
-Records were previously provided in response to a prior request,
-The requester still has access to those records, and
-The records have not changed since the prior production.

Union City has not produced any records responsive to my prior request.
Therefore, 5(i) cannot be invoked as a basis for denial.

Additionally, 47:1A-5(i) is not a statutory exemption, and OPRA requires all denials to cite a specific exemption under N.J.S.A. 47:1A-1 et seq. pursuant to 47:1A-5(g).

To date, no exemption has been provided, and the following remain public records under established OPRA case law:
-Employee stipend/compensation records (Asbury Park Press v. Ocean Cty. Prosecutor’s Office, 374 N.J. Super. 312)
-Records verifying qualifications and certifications of public employees (Kovalcik v. Somerset Cty. Prosecutor’s Office, GRC 2007-199)

As such, please either:
Produce the requested records, or Identify the specific statutory exemption applicable to each record withheld.

Thank you for your time and compliance with OPRA. If a denial is still provided, I will have to continue with an appeal.

More Regards,
Marco D Navarro

Dear Hilda I Rosario,
Due to a recent release of Superior Court filings, I have been able to obtain the requested information through those documents in the alternative. Therefore, I officially withdraw my initial OPRA request to your office. I must request for your office re-familiarize with with the OPRA statutes as the prior requested information falls well within public disclosure as supported by case law and the appropriate use of the exemptions.

All best regards,
Marco D Navarro