Mr. Curcio,

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 Sunday, October 17, 2021 and received by the Township on Monday,
October 18, 2021 during the Township’s regular business hours. Below is
the Township’s response to each of your requests.

1.                 “All records showing how the Nutley Cultural Inclusion
and Diversity Council was formed.” While OPRA provides a means of access
to government records 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.  See MAG
Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.
Super. 534, 546 (App. Div. 2005). “[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). Rather,
“OPRA requires a party requesting access to a public record to
specifically describe the document sought,” Gannett N.J. Partners L.P. v.
County of Middlesex, 379 N.J. Super. 205, 212 (App. Div.2005), so that the
records may be readily and reasonably identified within the short time
frame within which government custodians must respond.  Bent, supra, 381
N.J. Super. at 36–37. “As such, a proper request under OPRA must identify
with reasonable clarity those documents that are desired, and a party
cannot satisfy this requirement by simply requesting all of an agency's
documents.” Ibid; Spectraserv, Inc. v. Middlesex Co. Util. Auth., 416 N.J.
Super. 565, (App. Div. 2010). Your request seeks documents that explain
how the Nutley Cultural Inclusion and Diversity Council was formed, but it
does not identify any particular government record with sufficient
specificity that it can be searched for and located in the Township’s
files. In order to determine whether any particular government record
explains or relates to how the said council was formed, extensive research
would be required which is clearly outside the scope of a lawful OPRA
request. Accordingly, your OPRA request is denied.

2.                 All records detailing how members of the community were
recommended. Your request seeks documents that explain how members of the
community were recommended, presumably for the aforementioned council, but
it does not identify any particular government record with sufficient
specificity that it can be searched for and located in the Township’s
files. In order to determine whether any particular government record
explains or relates to how members of the community were recommended,
extensive research would be required which is clearly outside the scope of
a lawful OPRA request. Accordingly, your OPRA request is denied.

3.                 All records showing the process once a community member
was recommended up to being placed on the committee. A search of Township
files revealed no records responsive to this request.

4.                 All records showing what qualifications were used to be
considered for the committee. A search of Township files revealed no
records responsive to this request.

5.                 All records showing that all members of the community
were notified about the committee so they could have an equal chance to
possibly apply and be considered for the committee. A search of Township
files revealed no records responsive to this request.

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

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