According to the new garbage collection contract, the vendor has to collect, via an RFID chip, the following public information.
Rory Moore made this OPRA request to Nutley Township 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.
Dear Nutley Township,
Please accept this electronic request for public records made under OPRA and the common law right of access.
I WILL NOT use the requested government records for commercial purposes.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
According to the new garbage collection contract, the vendor has to collect, via an RFID chip, the following public information.
3. Contractor must provide the Township with a data collection and reporting system that allows fbr
the real-time tracking of solid waste collection, location of Carts, and work orders related to Cart
replacement.
a. Carts provided by the Township will be assigned to each address within the Township.
Each Cart will be embedded with an RFID chip that is assigned to that cart and that
specific address. The Contractor must provide a tracking system that will allow the
Township to obtain the following data for each Cartllocation:
1. Location
2. Participation/set out rate
3. Time between stops
4. Total number of stops
5. Cart movement
6. Vehicle location
7. Time of collection
The vendor submits and maintains the public information to be distributed to the Township of Nutley.
I seek all the information gathered so far.
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,
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 9, 2025 during regular office hours.
Attached is a copy of your request for records, and below is the
Township’s response to the same:
A search of Township files revealed no records responsive to this request.
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 reserves its right to deny any
request for records that are the subject of any discovery, subpoena or
court order pursuant to N.J.S.A. 47:1A-5. Moreover, the Township may
restrict access to records sought for a commercial purpose. Id. The
Township reserves the right to raise any other grounds for denial not
raised in this response. Failure of the Township 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 Paff v. 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 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
Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
[3]www.nutleynj.org
References
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3. http://www.nutleynj.org/
Dear Nutley Township,
Please pass this on to the person who conducts Open Public Records Act reviews.
I am writing to request an internal review of Nutley Township's handling of my OPRA request: 'According to the new garbage collection contract, the vendor has to collect, via an RFID chip, the following public information.'.
The information I requested is personally restricted. At no time did the taxpayers agree to use the RIFD, and there are no security procedures to protect the taxpayer.
I seek a copy of the public information collected by the garbage contractor. There is no security procedure and no procedure for the contractor not to sell or distribute the information collected by an RFID chip imposed by the Township of Nutley.
I seek the information collected for one day to determine the next question.
A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/accordin...
Yours faithfully,
Rory Moore