CEUs from the 2019 League Conference
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: I seek to ascertain ALL the educational credits the were awarded to all of the employees from Tom Evans office. I want all the documents for all employees under Tom Evans.
I. Claim Your CEUs from the 2019 League Conference
II. Register Now for these Upcoming Seminars
I. Claim Your CEUs from the 2019 League Conference
Attention Municipal Officials! Do Not Forget to Claim Your CEU’s from the 2019 NJLM Annual Conference! Visit the Conference Tracking page to claim your credits.
Yours faithfully, Rory
Mr. Moore,
This correspondence shall serve as Nutley Township’s (the “Township”)
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 5, 2019. Below are the Township’s
responses to each said request.
“I seek to ascertain ALL the educational credits the [sic] were awarded to
all of the employees from [Commissioner] Tom Evans office. I want all the
documents for all employees under [Commissioner] Tom Evans”. 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). Your request seeks
documents pertaining to all classes taken by certain Township employees in
order to maintain their individual certificates and licenses. The
maintenance of individual licenses and certificates is the responsibility
of the employee to which the license or certificate applies, which falls
outside the official business of the Township. Also, documents pertaining
to individual educational credits 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.
Accordingly, your OPRA request 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 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
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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Dear Nutley Township,
Please pass this on to the person who conducts Open Public Records Act reviews.
I am writing to request an internal review of Nutley Township's handling of my OPRA request 'CEUs from the 2019 League Conference'. I will file a mediation.
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/ceus_fro...
Yours faithfully,
Rory Moore
Mr. Moore,
Please see attached letter in response to your request for an internal
review of OPRA Request No. 619-19.
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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