Nathan,

We are in receipt of your OPRA request. Please provide clarification on the following item:

"- A list of all properties that have had fires occur, or have had emergency calls to the property since the beginning of 2022"

The Nutley Fire Department responded to thousands of emergency calls in the year 2022. Please specify whether you are inquiring about calls related to fires only or other types of incidents. You must specify the other types of incidents.

Please provide the requested clarification as soon as possible so that we can continue working on your request.

Thank you,

Ceci Tramontana
Deputy Clerk

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Nathan,

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 January 10, 2023 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

"-            A list of all properties that have had fires occur, or have
had emergency calls to the property since the beginning of 2022

-              A list of all property addresses that have had their water
bill liened against the property, have failed to pay their water bill, or
have had the water shut off at any point."

Please see attached records responsive to this request. The Township does
not shut off water for non-payment.

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

Deputy Clerk

Office of the Municipal Clerk

Township of Nutley, NJ

(973) 284-4955 Office

(973) 284-5668 Fax

[3]www.nutleynj.org

References

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1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/