Mr. Curcio,

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 February 26, 2024, during regular office
hours. Below is a list of each request for access and the Township’s
response to the same:

Please be advised that a search of Township files revealed no records
responsive to the following requests:

“All emails between [1][email address] [2][email address] and
mayor scarpelli from 2/20/2024-2/23/2024.”

“A copy of Dominic Ferry’s certificate, license and any continuing
education credits for a licensed sewer operator.”

“Any and all complaints for the DPW for Lisa Zitola and Dominic Ferry.”

“Any and all records pertaining to training for customer service.”

“Any and all records on the hiring process for Dominic Ferry and Lisa
Zitola.”

“Any and all records on deescalation training.”

“Any and all records pertaining to any other positions they have held in
the town, applied for or referred a friend or family member to.”

“[…] and records pertaining to employee training on interacting with
homeowners who call in for issues or problems related to trash pick up,
recycling pick up or any other customer service related issues that fall
under Lisa Zitolas job title.”

“Any and all records pertaining to Lisa zitolas job
duties/responsibilities.”

“Any and all records pertaining to Dominic Ferry relationships with other
employees or supervisors.”

“Any and all records pertaining to Lisa zitolas relationships with other
employees or supervisors”

Please see attached audio recording in response to the request below.
Personal identifying numbers have been redacted pursuant to N.J.S.A.
47:1A-5.

“All audio recordings and voicemails between phone number 973-919-2240 and
the DPW on 2/20/2024 starting at 1:49pm and ending at 2:00pm.”

Please see attached Excel and PDF files in response to the request for
“any and all records pertaining to pay, time off, pension and benefits for
Dominic Ferry and Lisa Zitola.”

Please be advised that requests for “any and all records” are considered
overbroad and, therefore, beyond the scope of OPRA. A valid OPRA request
must list specific identifiable government records. We have provided the
records which are readily accessible and may be responsive to the requests
for “pay” and “pension”, since you did not list specific government
records for these categories. You would have to specify the documents (not
just “any and all”) regarding “time off” and “benefits” in order for us to
search for responsive records. If the request is for health benefits,
please be advised that an employee’s health insurance coverage selection
is not a permitted disclosure under the personnel records exception in
N.J.S.A. 47:1A-10. Therefore, redactions have been made from the attached
PDF in order to protect information deemed confidential under the Health
Insurance Portability and Accountability Act of 1996 (HIPAA) and the
associated Privacy Rule.

Please see attached PDF copy of the Township of Nutley Employee Handbook
in response to the following request:

“Any and all records pertaining to DPW employee policies or handbook for
fraternization, nepotism, family working together”

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 [3][email address], or on
its website at [4]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

Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
[5]www.nutleynj.org

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. http://www.state.nj.us/grc
5. http://www.nutleynj.org/