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 via e-mail dated September 4, 2018.  Below is a list of each request for access and the Township’s response to the same. 

1. “Tom Evans stated on the record, he gave an order to conduct alleged code violations.  I want a copy of the order”.  Although Commissioner Evans gave a verbal order on the record at a Board of Commissioner’s meeting, no responsive government record exists.
2. “Tom Evans stated he had the services of a code enforcer from Montclair.  I want the name of the investigator.  I want a true copy of the investigators report”.  Your request seeks government records which are exempt from disclosure pursuant to N.J.S.A. 47:1A-3(a) as they pertain to an ongoing administrative investigation and disclosure of such records would be inimical to the public interest.  See Henderson v. Div. of Alcoholic Beverage Control, GRC No. 2010-139 (May 2011); O’Shea v. Twp. of West Milford, 410 N.J. Super. 371 (App. Div. 2009). 
3. “Tom Evans stated there are 13 violations by a builder known as Mecca.  I want a list of the violations.  I want a copy of all the criminal citations for the 60 violations”.  In addition to being part of the administrative investigation cited above, the government records sought in this request constitute inter-agency advisory, consultative and deliberative material which is exempt from disclosure.  See Educ. Law Ctr. V. Dept. of Education, 198 N.J. 274 (2009). 

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 institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (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 [email address], or on its website at 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.

Thank you,

Eleni Pettas

--------------------------------------------------------------------------------------------------------------------------------------------

Eleni Pettas, RMC

Municipal Clerk

Department of Revenue and Finance

One Kennedy Drive

Nutley, New Jersey 07110

[email address]

(973) 284-4955 Office | (973) 284-0640 Fax

www.nutleynj.org

--------------------------------------------------------------------------------------------------------------------------------------------

Please consider the environment before printing this email.

This email transmission and any accompanying material contain confidential and/or privileged information from the Township of Nutley.  This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, copying or use of this communication is strictly prohibited.  Please reply to the sender if you have received this email in error, and then delete it.