Cultural Inclusion and Diversity Council
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, 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 control or ability to change the recipients email address. I have filed criminal complaint against Pettas for using government resources to harass me.
“We want things go together. Along with celebrating gay pride [June is LGBTQ+ Pride Month], we want people to be included; we want classes and celebration dinners. I do not want people to just celebrate Gay Pride or Juneteenth,” said Johnson. Juneteenth acknowledges the last notification of emancipation of those who were slaves in the United States; celebrated on June 19 each year.
I seek the zoom link for the public to access the meetings and the recorded zoom meetings including the text file. This is an open public meeting.
U will file mediation on January 7th, 2021
Yours faithfully, Rory
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
sent on December 27, 2020 at 8:32 PM, and received by the Township on
December 28, 2020 during normal business hours. Below is a list of each
request for access and the Township’s response to the same:
“I seek the zoom link for the public to access the meetings and the
recorded zoom meetings including the text file”. The OPRA request
references the "Cultural Inclusion and Diversity Council".
Pursuant to the Open Public Meetings Act (Sunshine Law), N.J.S.A.
10:4-9(a) (“OPMA”) , no public body shall hold a meeting unless adequate
notice thereof has been provided to the public. OPMA defines a “public
body" as “a commission, authority, board, council, committee or any other
group of two or more persons organized under the laws of this State, and
collectively empowered as a voting body to perform a public governmental
function affecting the rights, duties, obligations, privileges, benefits,
or other legal relations of any person, or collectively authorized to
spend public funds including the Legislature”. N.J.S.A. 10:4-8(a). The
diversity and inclusion subcommittee is not a governing body, board or
official committee organized under the laws of the State or the Township
of Nutley. Rather, it is an ad hoc subcommittee that serves in an
advisory capacity at the pleasure of the Board of Commissioners. The
subcommittee neither a voting body, as defined in the statute, nor is it
empowered to “perform a public governmental function affecting the rights,
duties, obligations, privileges, benefits, or other legal relations of any
person, or collectively authorized to spend public funds including the
Legislature”. Therefore, the subcommittee does not meet the definition of
a “public body” under OPMA, its meetings, if any, are not open to the
public, and no public notice of such meetings is required. Lacking any
requirement to provide public notice or keep minutes of the subcommittee’s
meetings, neither Zoom virtual meeting information nor recordings of such
meetings exist in the Township's files. Accordingly, your OPRA 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 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]https://linkprotect.cudasvc.com/url?a=ht...
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. https://linkprotect.cudasvc.com/url?a=ht...
3. http://www.nutleynj.org/