Good Morning,

The Township of North Bergen (the “Township”) writes in response to your request dated 05/01/2025 under the New Jersey Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq.

Your request seeks:

“I am requesting time sheet print outs from the police department time management system called the POSS to show the time Corporal Antonio Tataranni signs in and out for each work day from January 1,2025 to April 30, 2025.
I am also requesting CCTV video that I am aware is trained on his parking space from 30 minutes prior to Corporal Tataranni's off duty time each day.
I am told by his coworkers that the video will show he routinely leaves work early. If this information is true, you can show me the screenshots, but also feel free to share them with the NBPD Internal Affairs Unit, the HCPO and the NJOAG.
Thank you.”

The Township responds:

Request 1: I am requesting time sheet print outs from the police department time management system called the POSS to show the time Corporal Antonio Tataranni signs in and out for each work day from January 1,2025 to April 30, 2025.

Response: The “POSS,” system, or Police Officer Scheduling System, is a licensed software staffing system utilized for projected scheduling, manpower and resource planning. The POSS print out does not show “the time [any individual] signs in and out for each work day.” Further, this administrative record does not constitute a payroll record, as it contains no relationship to police department payroll calculations, reporting, or fulfillment, and is exempt from release pursuant to N.J.S.A. 47:1A-10. Your request is denied.

Request 2: I am also requesting CCTV video that I am aware is trained on his parking space from 30 minutes prior to Corporal Tataranni's off duty time each day.

Response: “CCTV video that I am aware is trained on his parking space…” is overly broad, vague, and improper. MAG Entm’t, LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005). The request fails to identify a specific government record. Further, pursuant to N.J.S.A. 47:1A-1, “security…system activity and access reports, including video footage, for any public building, facility, or grounds is exempt from release unless the request identifies a specific incident that occurred, or a specific date and limited time period at a particular public building, facility, or grounds…” Your request fails to identify a specific date or any specific limited time period. Your request also requires research, in that it would require the Records Custodian to have an understanding of what, “CCTV video [you] are aware of…” and would require the Records Custodian to research Corporal Tataranni’s off duty time and make calculations. Such obligations are not required of a Records Custodian under OPRA. Accordingly, your request is denied.

Request 3: I am told by his coworkers that the video will show he routinely leaves work early. If this information is true, you can show me the screenshots, but also feel free to share them with the NBPD Internal Affairs Unit, the HCPO and the NJOAG.

Response: Pursuant to N.J.S.A. 47:1A5(g), requests for information, ambiguous statements, 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. MAG Entm’t, LLC v. Div. of Alcohol Beverage Control, 375 N.J. Super. 534 (App. Div. 2005); Bent v. Stafford Police Dept., 381 N.J. Super. 30 (App. Div. 2005). Accordingly, your request fails to identify a specific record and is denied.

As with any OPRA request, you have the right to challenge the decision by the Township in regards to your request. 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 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 the County in which you reside.

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

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