Commissioner salary request
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)).
This OPRA request is directed to, Ceci Tramontana, RMC, Nutley Deputy Municipal Clerk. There is a no contact ORDER between Elli Pettas and Rory Moore. Complaints have been filed. I still have my rights to file OPRA request.
OPRA machine has determined Pettas has full control over the receiver email address. Pettas has to change the receive email. I have no dominion, control, or ability to change the recipients email address. I have filed criminal complaint against Pettas for using government resources to harass me.
I seek a document for; 1) if a new Nutley Commissioner is elected to office and the individual decides NOT to accept or participate in the health benefits, offered by Nutley, The county or the state how will the individual notify the Township of this decision.
2) By number only how many of the current Nutley Commissioners participate in the health care benefit offered by Nutley? Documents please?
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 January 21, 2020 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
"I seek a document for; 1) if a new Nutley Commissioner is elected to
office and the individual decides NOT to accept or participate in the
health benefits, offered by Nutley, The county or the state how will the
individual notify the Township of this decision.
2) By number only how many of the current Nutley Commissioners participate
in the health care benefit offered by Nutley? Documents please?"
Under OPRA, agencies are required to disclose only “identifiable”
governmental records not otherwise exempt. Requests for information are
not encompassed therein. See MAG Entertainment, LLC v. Division of
Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App. Div.
2005). Stated differently, OPRA only allows requests for records, not
requests for information. See Bent v. Township of Stafford Police Dept.,
381 N.J. Super. 30, 37 (App. Div. 2005). Because your request seeks
certain information, to wit, the method of notification an elected
official would use in order to decline participation in healthcare
benefits, and the number of Commissioners who receive healthcare benefits,
and not a readily identifiable government record, it falls squarely
outside the reach of OPRA. Accordingly, your request is 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 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, 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/