Bill list 10/6/2020
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 in order 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)).
Records requested: I am not required to fill out an official form. Please acknowledge receipt of this message. Records requested: I seek all documents for the following bill list 10/6/2020. I seek the original contract, the approval and the actual contract for the following. The 7-day rule will be enforced. I reequired the response to be in excel format.
20-00267, 20-00313, 20-00838, 20-01608, 20-02496, 20-02707, 20-02656, 20-02728, 20-02808, 20-02812, 20-02814, 20-02887, 20-02841, 20-02820, 767, 20-02086, 20-02645, 20-02853, 20-02854, 20-02856, 19-04134, 20-00631, 20-00727, 20-00838, 20-01695, 20-02147, 20-02149, 20-02850, 20-02865.
Yours faithfully,
Rory Moore
Mr. Moore,
The Nutley Municipal Clerk’s Office is in receipt of the attached OPRA
request no. 517-20, which was received by the Township on October 13, 2020
during regular office hours. Please be advised that additional time will
be required in order to retrieve, review and prepare the requested
documents for production. We will require an extension through November 5,
2020.
Thank you,
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/
Mr. Moore,
Please be advised that the documents responsive to the aforementioned
request are currently under attorney review. The documents will be
forwarded to you as soon as said review has been completed.
Thank you,
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/
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 October 13, 2020 during regular office hours.
The Township sent you an extension notice via email on October 22, 2020
and November 5, 2020. Below is a list of each request for access and the
Township’s response to the same:
"I seek all documents for the following bill list 10/6/2020. I seek the
original contract, the approval and the actual contract for the following.
The 7-day rule will be enforced. I required [sic] the response to be in
excel format.
20-00267, 20-00313, 20-00838, 20-01608, 20-02496, 20-02707, 20-02656,
20-02728, 20-02808, 20-02812, 20-02814, 20-02887, 20-02841, 20-02820,
767, 20-02086, 20-02645, 20-02853, 20-02854, 20-02856, 19-04134, 20-00631,
20-00727, 20-00838, 20-01695, 20-02147, 20-02149, 20-02850, 20-02865."
Please see attached records (88 pages in total). Pursuant to N.J.S.A.
47:1A-1.1, redactions have been made to said records in order to protect
from disclosure the following exempt information: records or information
within the attorney-client privilege, and personal identifying
information.
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 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 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, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
[3]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/