Arrest reports of incident case #23-92144
Dear Nutley Township,
I am writing to request access to and copies of records under the Freedom of Information Act.
Specifically, I am seeking information related to:
Arrest Date: 12/31/2023
Incident Number: 23-92144
Please provide the following documents:
Arrest report
Incident report
Mugshot
If there are any fees associated with this request, please inform me in advance. However, I respectfully request a waiver of all fees, as the disclosure of this information is in the public interest and will contribute significantly to the public's understanding of law enforcement operations.
If you deny any part of this request, please cite each specific exemption you believe justifies the refusal and notify me of the appeal procedures available under the law.
I look forward to receiving your response within the statutory time period. Thank you for your assistance in this matter.
Yours faithfully,
Pamelina Manna
Ms. Manna,
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 November 27, 2024 during regular office hours.
Attached is a copy of your request for records, and below is the
Township’s response to the same:
Please see attached the Township records responsive to your request.
Personal identifying information has been redacted pursuant to N.J.S.A.
47:1A-1.1.
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,
Lucy Jacobs
Staff Clerk
Department of Revenue and Finance
Township of Nutley, NJ
Office: 973-284-4951 x2222
1 Kennedy Drive
Nutley, New Jersey 07110
[3]www.nutleynj.org
References
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1. mailto:[email address]
2. https://linkprotect.cudasvc.com/url?a=ht...
3. http://www.nutleynj.org/