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 October 27, 2021 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

“Records requested: Governor Murphy on October 8th, requires all
municipalities and counties receiving ARP Local Fiscal Recovery Funds
(LFRF) to provide the Division of Local Government Services (DLGS) with a
copy of all ARP reports filed with the U.S. Treasury. Once U.S. Treasury
debuts its portal for submission of Project & Expenditure Reports, a Local
Finance Notice will be issued announcing when all U.S. All municipalities
and counties must file a Project & Expenditure Report with U.S. Treasury,
the submission deadlines for which were recently extended. Counties and
metropolitan cities must now file their first quarterly Project &
Expenditure Report with U.S. Treasury by January 31, 2022, with the first
Report now covering the period between the award date and December 31,
2021. Non- Entitlement Units (NEUs) must now file their first annual
Project & Expenditure Report with U.S. Treasury by April 30, 2022. U.S.
Treasury also requires certain municipalities and counties to file an
Interim Report and a Recovery Plan & Performance Report. I seek the
report.” Please be advised that the requested report is not due until
April 30, 2022 and, therefore, the Township has no document responsive to
this request at this time.

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/