2020 League confrence
Rory Moore made this OPRA request to Nutley Township This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Nutley Township,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
"OPRA's clear purpose . . . is 'to maximize public knowledge about public affairs in order to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Educ. Law Ctr. v. N.J. Dep't of Educ., 198 N.J. 274, 284 (2009) (quoting Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)).
This OPRA request is directed to, Ceci Tramontana, RMC, Nutley Deputy Municipal Clerk. There is a no contact ORDER between Elli Pettas and Rory Moore. Complaints have been filed. I still have my rights to file OPRA request.
OPRA machine has determined Pettas has full control over the receiver email address. Pettas has to change the receive email. I have no dominion, control, or ability to change the recipients email address. I have filed criminal complaint against Pettas for using government resources to harass me.
I seek all documents for the Nutley Township employees who attended the 2020 virtual conference and classes. The attached is from the League with directions to print the certifications.
[sic] III. 2020 Annual League Conference a. Print Your CEU Certificates from the 2020 NJLM Virtual Conference The tracking system from the 2020 NJLM Virtual Conference is now open. To print your certificates visit the Tracking System webpage. The system will be available until May 1, 2021. b. It’s Not Too Late! We hope that the NJLM Virtual Conference allowed you to look back and forward on the challenges of the day, be it the COVID-19 pandemic, social and restorative justice or how to balance the competing interests in preparing for your 2021 budget. button on each booth. This will generate an automatic email to the exhibitor and they will contact you with a reply.
Yours faithfully, Rory Moore
Mr. Moore,
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 January 28, 2021 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
"I seek all documents for the Nutley Township employees who attended the
2020 virtual conference and classes." This request is overbroad and beyond
the scope of OPRA. Requests that require a Custodian to exercise her
discretion, survey employees or undertake research to determine whether a
record is responsive are overly broad and not encompassed by OPRA. See
N.J. Builders Ass'n v. N.J. Council on Affordable Housing, 390 N.J. Super.
166, 177 (App. Div.), cert. denied, 190 N.J. 394 (2007). Requests for
“all documents,” without out further definition or limitation on scope,
are also considered impermissibly overbroad. See MAG Entm't, LLC v. Div.
of Alcoholic Beverage Control, 375 N.J. Super. 534 (App. Div. 2005).
Accordingly, your request is denied.
Furthermore, on December 7, 2020 you sent a similar request to the
Township, seeking “all employees who attended the 105th Annual Conference,
the classes and the expo's the employee attended." The Township’s
response to said request was: “A search of Township files revealed no
employee list responsive to this request. Regarding the request for ‘the
classes and expo’s the employee attended,’ please be advised that such
records are not maintained by the Township.” Shifting the event from
in-person to a virtual format does not change the fact that the Township
is not in possession of such records.
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 of
Nutley reserves the right to raise any other grounds for denial not raised
in this response. Failure of the Township of Nutley 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 Paffv. 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 of
Nutley 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 [1][email address], or on
its website at [2]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,
Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
[3]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. https://linkprotect.cudasvc.com/url?a=ht...
3. http://www.nutleynj.org/
Dear Ceci Tramontana,
Don’t Forget to Claim Your CEU’s from the 2020 Virtual Conference
Contact Danielle Holland-Htut, ext. 118 or [email address]
Please remind your licensed officials that the deadline to claim CEU credits from the 2020 Virtual Conference is May 1, 2021. To claim credits, licensed officials should visit the CEU Tracking page on the League website.
The Township paid for the employee to regiuster. Mayor Tucci stated on the record " the employee must fill out a registration reguest and be approved." I want the employees who attended anyd what class thay were enrolled in. NJLM stated the employee has to render that registration AND the township pays.
Who attended and what classes.
Yours sincerely, Rory
Rory Moore
Dear Ceci Tramontana,
II. Print Your CEU Certificates from the 2020 NJLM Virtual Conference
The tracking system from the 2020 NJLM Virtual Conference is now open. To print your certificates visit the Tracking System webpage.
The system will be available until May 1, 2021.
This does not get any easier. I want the list from 2020 virtual convention. I WANT THE DAM CLASSES THE taxpayers paid for. MEDIATION. Mayor Tucci stated all employees have to file a request to atten which include ALL classes. WHERE ARE THE CLASSERS. MEDIATION.
Yours sincerely, Rory
Rory Moore