Mr. Moore,

This correspondence shall serve as Nutley Township’s (the “Township”)
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 Thursday, October 21, 2021 at 4:27 p.m. Below is the Township’s
response to each of your requests.

1.                 “I seek the address for P2567776.” Included in your
request is an excerpt from an email, presumably from a representative of
the Motor Vehicle Commission, which indicates that P256776 is a
handicapped parking placard. The OPRA statute does not operate in a vacuum
but, rather, it expressly recognizes privacy interests guaranteed by other
statutes, laws, regulations and codes. See N.J.S.A. 47:1A-1 (“all
government records shall be subject to public access unless exempt from
such access by: P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and
supplemented; any other statute; resolution of either or both houses of
the Legislature; regulation promulgated under the authority of any statute
or Executive Order of the Governor; Executive Order of the Governor; Rules
of Court; any federal law, federal regulation, or federal order”).
Addresses that are associated with motor vehicle records are expressly
protected from public disclosure under N.J.S.A. 39:2-3.4, which is New
Jersey’s version of the federal Driver's Privacy Protection Act, 19 U.S.C.
¶ 2721–2725. This statute limits the release of personal information,
including the names and addresses, associated with motor vehicle records
to certain limited law enforcement and judicial purposes. Neither OPRA nor
the common law right of access are recognized as valid grounds for release
of such records under N.J.S.A. 39:2-3.4 or the federal Driver's Privacy
Protection Act. 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]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. https://linkprotect.cudasvc.com/url?a=ht...
3. http://www.nutleynj.org/

We responded to this request on November 4, 2021.

Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
www.nutleynj.org

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