Election process
Rory Moore made this OPRA request to Nutley Township Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear Nutley Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested: I seek the correct procedure for a Nutley citizen to submit a question for public answer during the next election. The question will be published and will be available in the next Nutley Election.
My preferred delivery method for response(s) to this request is by Email as attachments. Please confirm receipt of this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
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 July 25, 2025 during regular office hours.
Attached is a copy of your request for records, and below is the
Township’s response to the same:
“I seek the correct procedure for a Nutley citizen to submit a question
for public answer during the next election. The question will be published
and will be available in the next Nutley Election.” Please be advised that
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).
While OPRA provides a means of access to government documents not
otherwise exempted from its reach, it is not intended as a research tool
that may use to force government officials to identify and siphon
information that may be useful. “[T]he custodian is obligated to search
her files to find the identifiable government records listed in the [OPRA
request] . . . However, the Custodian is not required to research her
files to figure out which records, if any, might be responsive”. Donato v.
Twp. of Union, GRC Complaint No. 2005–182 (Jan. 31, 2007). Because this
request would require the Custodian to conduct research into what records
would be considered “the correct procedure for a Nutley citizen to submit
a question for public answer during the next election”, 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 reserves its right to deny any
request for records that are the subject of any discovery, subpoena or
court order pursuant to N.J.S.A. 47:1A-5. Moreover, the Township may
restrict access to records sought for a commercial purpose. Id. The
Township reserves the right to raise any other grounds for denial not
raised in this response. Failure of the Township 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 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
Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
[3]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. https://linkprotect.cudasvc.com/url?a=ht...
3. http://www.nutleynj.org/