Arwa Mahdawi,

The Municipal Clerk’s Office is in receipt of your OPRA Requests No. 40-21
(attached). Please be advised that additional time will be required in
order to search for and prepare the responsive documents for production.
We will require an extension through February 16, 2021.

I thank you for your patience while we process your request.

Sincerely,

Ceci Tramontana, RMC

Deputy Municipal Clerk

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

References

Visible links
1. http://www.nutleynj.org/

Arwa Mahdawi,

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 22, 2021. On February 1, 2021 the
Township sent you an extension notice via email. Below is a list of each
request for access and the Township’s response to the same:

"1. I'm requesting copies of all attorney invoices for Nutley Township
from March 15 2020 to December 31 2020” Please follow the link below in
order to access the records responsive to this request. Pursuant to
N.J.S.A. 47:1A-1.1, redactions have been made in order to protect from
disclosure the following exempt information: records or information within
the attorney-client privilege, and personal identifying information.

[1]https://nutleynj-my.sharepoint.com/:f:/g...

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 [2][email address], or on
its website at [3]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

[4]www.nutleynj.org

References

Visible links
1. https://nutleynj-my.sharepoint.com/:f:/g...
2. mailto:[email address]
3. http://www.state.nj.us/grc
4. http://www.nutleynj.org/