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 sent on February 14, 2021 at 11:51 PM and received by the Township on
February 16, 2021 during regular business hours. Below is the Township’s
response to each of your requests.

 1. “I seek all related documents to the following?? [sic] The name of the
Joint Insurance fund Nutley Township belongs to?” 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.  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).  OPRA does not countenance “[w]holesale
requests for general information,” MAG Entertainment, LLC, supra, 375
N.J. Super. at 549, or open-ended demands “for every document a public
agency has on file.” Bent v. Stafford Twp. Police Dep't., 381 N.J
.Super. 30, 37 (App. Div.2005).  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). This request does not
identify any specific government record, rather, it seeks information
pertaining to a Joint Insurance Fund. Accordingly, this request is
outside the scope of OPRA and is denied.
 2. “The director of the JIF?” See response to request no. 1, above. This
request does not identify any specific government record, rather, it
seeks information pertaining to the identity of an individual who is
not an employee of the Township. Accordingly, this request is outside
the scope of OPRA and is denied.
 3. “All members and and [sic] Nutley Township employees on the JIF?” See
response to request no. 1, above. This request does not identify any
specific government record, rather, it seeks information pertaining to
unnamed individuals. Accordingly, this request is outside the scope of
OPRA and is denied.
 4. “All public meeting notice for 2021 and 2022?” Nutley Township is not
the custodian of records for any joint insurance fund and, as such,
does not make, keep or maintain any public meeting notices for such an
entity. Accordingly, this 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

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3. http://www.nutleynj.org/

Mr. Moore,

Please see attached correspondence.

Thank you,

Ceci Tramontana, RMC

Deputy Municipal Clerk

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

References

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