Subject: OPRA Request – Body Camera Footage from Officer Perez (Badge #94)
Subject: OPRA Request – Body Camera Footage from Officer Perez (Badge #94)
To: NBPD
Dear Records Custodian,
Pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., I formally request access to the following records related to an incident involving me and North Bergen Police Officer Perez (Badge #94) on [april 24, 2024] at approximately [Time, 4:00PM]. At 4233 Kennedy bld north Bergen, New Jersey right outside of the police department by the stop lights
Records Requested:
1. All body-worn camera (BWC) footage from Officer Teodulo Perez (Badge #94) from the moment he stopped me while I was on foot at a red light in front of the North Bergen Police Department until the conclusion of the interaction.
2. All body-worn camera (BWC) footage from any other officers present at the scene during the interaction.
3. System data logs or activation logs from Officer Perez’s body-worn camera, showing when it was turned on/off.
4. CAD (Computer-Aided Dispatch) logs and incident reports related to this stop.
5. Any radio communications or 911 call records that reference this interaction.
Clarification & Questions:
• If body-worn camera footage does not exist, please provide a specific reason.
• If Officer Perez’s body camera was off during the stop, please provide documentation explaining why.
• If other officers were present, do their body-worn cameras capture the stop? If so, please provide those recordings.
Certification Statement (as Required by N.J.S.A. 47:1A-5(f))
I certify that this request is not for commercial purposes and is not being used for sale, resale, solicitation, rent, or lease of a service. Additionally, this request is not related to a legal proceeding at this time.
Please provide these records electronically if possible. If any records are too large for email, I am willing to pick up a physical copy. If any portion of my request is denied or redacted, please provide a specific legal justification under OPRA.
Thank you for your time and assistance. I look forward to your response within the required timeframe.
✔ Clearly identifies Officer Perez (Badge #94) as the main subject.
✔ Specifies location, date, and approximate time of the stop.
✔ Requests BWC footage from all officers present, not just Perez.
✔ Includes activation logs to verify if the camera was turned off.
✔ Includes certification so it’s fully OPRA-compliant.
✔ Demands a legal explanation if footage doesn’t exist.
Dear Mr. Polanco:
The Township of North Bergen (“Township”) writes in response to your 01/13/2025 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 reads:
“Dear Records Custodian,
Pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., I formally request access to the following records related to an incident involving me and North Bergen Police Officer Perez (Badge #94) on [april 24, 2024] at approximately [Time, 4:00PM]. At 4233 Kennedy bld north Bergen, New Jersey right outside of the police department by the stop lights
Records Requested:
1. All body-worn camera (BWC) footage from Officer Teodulo Perez (Badge #94) from the moment he stopped me while I was on foot at a red light in front of the North Bergen Police Department until the conclusion of the interaction.
2. All body-worn camera (BWC) footage from any other officers present at the scene during the interaction.
3. System data logs or activation logs from Officer Perez’s body-worn camera, showing when it was turned on/off.
4. CAD (Computer-Aided Dispatch) logs and incident reports related to this stop.
5. Any radio communications or 911 call records that reference this interaction.
Clarification & Questions:
• If body-worn camera footage does not exist, please provide a specific reason.
• If Officer Perez’s body camera was off during the stop, please provide documentation explaining why.
• If other officers were present, do their body-worn cameras capture the stop? If so, please provide those recordings.”
The Township responds:
Pursuant to N.J.S.A. 47:1A-5i (1) a custodian shall not be required to complete an identical request for access to a government record from the same requestor if the information has not changed. Your previous request, answered on 1/13/2025, requests the same materials, which is available for pick up in the Clerk's Office.
Request 1. All body-worn camera (BWC) footage from Officer Teodulo Perez (Badge #94) from the moment he stopped me while I was on foot at a red light in front of the North Bergen Police Department until the conclusion of the interaction.
Response: Body worn camera footage of PO Teodulo Perez conducting an inquiry at Headquarters on April 24th, 2024 was provided to you on 1/10/2025. Additionally, footage from the other responding officers has already been made available as well on 1/13/2025.
Request 2. All body-worn camera (BWC) footage from any other officers present at the scene during the interaction.
Response: Body worn camera footage of PO Teodulo Perez conducting an inquiry at Headquarters on April 24th, 2024, was provided to you on 1/10/2025. Additionally, footage from the other responding officers has already been made available as well 1/13/2025.
Request 3. System data logs or activation logs from Officer Perez’s body-worn camera, showing when it was turned on/off.
Response: The document entitled OPRA Request - Axon Log 24-038736 was made available to you on 1/13/2025.
Request 4. CAD (Computer-Aided Dispatch) logs and incident reports related to this stop.
Response: The document entitled OPRA Request - Cad Log 24-038736 was made available to you on 1/13/2025.
Request 5.Any radio communications or 911 call records that reference this interaction.
Response: Radio transmissions are stored for a period of 31 days. There are no records responsive.
Request 6. Clarification & Questions:
• If body-worn camera footage does not exist, please provide a specific reason.
Response: As stated previously, the body worn camera footage has been made available to you.
• If Officer Perez’s body camera was off during the stop, please provide documentation explaining why.
Response: As stated previously, the body worn camera footage has been made available to you.
• If other officers were present, do their body-worn cameras capture the stop? If so, please provide those recordings.”
Response: As stated previously, the available body worn camera footage has been made available to you.
Pursuant to N.J.S.A. 47:1A5(g) requests for information or requests that ask questions are NOT valid OPRA requests. OPRA applies to requests for records, not requests for isolated facts. A valid OPRA request must seek specific, identifiable records, none of which have been identified in “Clarifications and Questions.”
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. The Council 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.
Thank you.
Erin Barillas, RMC
Township Clerk
Township of North Bergen
4233 Kennedy Blvd
North Bergen, NJ 07047
e: [North Bergen Township request email]
o: 201-392-2024
f: 201-330-7694
www.northbergen.org