Asbestos abatement documents for 535 FRANKLIN AVENUE, Nutley
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 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 no contact ORDER between Elli Pettas and Rory Moore. Complaints have been filed. I still have the right to file an OPRA request.
OPRA machine has determined Pettas has full control over the receiver's email address. Pettas must change the recipient email. I have no dominion, control, or ability to change the recipient's email address. I have filed a criminal complaint against Pettas for using government resources to harass me. Elli Pettas, on 12/7/21, acted with impunity to harass and interrupt my comments during public comments.
This is the second request for the Asbestos abatement documents, for the demolition of the property known as the Ciccolina building. Mayor Tucci, stated on the record, on March 1, 2022, the documents do exist and are in possession. I want any and all documents for the Asbestos abatement. The documents were never filed with the State of New Jersey and are mandated by Federal law.
Yours faithfully,
Rory Moore
Dear Nutley Township, Mayor Tucci stated, publicly, the documents were available. I submitted this second request, as requested by Mayor Tucci. I called Mayor Tucci. on 3/7/22. I was told to contact the Town Clerk for resolution.
There is a mutual noncontact ORDER with the Nutley Township Clerk. Mayor Tucci. , stated, publicly, on the Nutley BOC meeting the new Town attorney would review the request and submit the documents. This is the second request and the State of New Jersey Stated they never received ane request for asbestos removal.
I am confused, where are the documents and why is this taking so long?
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 March 2, 2022 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
"This is second request for the Asbestos abatement documents, for the
demolition of the property known as the Ciccolina building. Mayor Tucci,
stated on the record, on March 1, 2022, the documents do exist and are in
possession. I want any and all documents for the Asbestos abatement.”
Please see attached 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 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
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
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/