Joyce,

Please be advised that additional time will be required in order to
retrieve the requested records. You will receive a response within the
next 7 business days.

Thank you,

Ceci Tramontana

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

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Joyce,

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 December 16, 2019 during regular business
hours. An extension of seven business days was requested by the Township
via email on December 26, 2019. Below is a list of each request for access
and the Township’s response to the same:

-          “All applications, invoices, and certificates of completion for
all township of Nutley employees’ courses, classes, meetings at Rutgers
University for 2019.”

Please see attached records in response to the aforementioned request for
applications and invoices. Redactions have been made to the attached
records in order to protect personal identifying information exempt from
disclosure pursuant to N.J.S.A. 47:1A-1.1.

Regarding your request for “certificates of completion for all township of
Nutley employees’ courses, classes, meetings at Rutgers University for
2019”, please note that such documents are not made, maintained or kept on
file in the course of the Township’s official business as the Township has
no policy requiring the receipt or maintenance of such documents. OPRA
defines a “government record” as “any paper, written or printed book,
document, drawing, map, plan, photograph, microfilm, data processed or
image processed document, information stored or maintained electronically
or by sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business by any officer, commission, agency or authority of the
State or of any political subdivision thereof”.  N.J.S.A. 47:1A-1.1.  If
the public employee or public entity has not made, maintained, kept or
received a document in the course of his or its official business, a
document is not a government record subject to production under OPRA.  See
Michelson v. Wyatt, 379 N.J. Super. 611 (App. Div. 2005).  Moreover, a
custodian is not required to survey individual employees to glean
information in response to an OPRA request.  See N.J. Builders Ass’n v.
N.J. Council on Affordable Housing, 390 N.J. Super. 166, 181-82 (App. Div.
2007). Therefore, your request for the aforementioned certificates of
completion is denied.

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

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[3]www.nutleynj.org

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