Download original attachment
(Text file)

This is an HTML version of an attachment to the Open Public Records Act request 'New Nutley Public Affairs director creates a Cultural Inclusion and Diversity Council'.

Date: Tue, 28 Jul 2020 16:06:00 +0000
Subject: Internal review of OPRA request - New Nutley Public Affairs director creates a Cultural Inclusion and Diversity Council
From: Rory Moore <[OPRA #15387 email]>
To: Ceci Tramontana <[email address]>

Dear Ceci Tramontana,

Ceci, I will submit for mediation. Do not waist your time. Rpry
Yours sincerely,

Rory Moore

-----Original Message-----

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 July 17, 2020 at 8:25 PM and received by the Township on July 20,
2020 during normal business hours. Below is a list of each request for
access and the Township’s response to the same:

 

“I seek the zoom link for the next meeting”. The OPRA request did not
specify for which meeting the Zoom link was requested, nor did it identify
which body or board of the Township was meeting. On July 20, 2020, the
Custodian requested clarification to which you responded, in part, “[l]ets
try this very, very slowly,  here we go.  At the kast [sic] BOC meeting,
John Kelly stated, he appointed all of the members of the diversity and
inclusion committee. They will have the first public meeting, in August,
via zoom. No date was given by the commissioner. I seek the zoom link for
the public right to attend a meeting via zoom”.

 

Pursuant to the Open Public Meetings Act (Sunshine Law), N.J.S.A.
10:4-9(a) (“OPMA”) , no public body shall hold a meeting unless adequate
notice thereof has been provided to the public. OPMA defines a “public
body" as “a commission, authority, board, council, committee or any other
group of two or more persons organized under the laws of this State, and
collectively empowered as a voting body to perform a public governmental
function affecting the rights, duties, obligations, privileges, benefits,
or other legal relations of any person, or collectively authorized to
spend public funds including the Legislature”. N.J.S.A. 10:4-8(a). The
diversity and inclusion subcommittee is not a governing body, board or
official committee organized under the laws of the State or the Township
of Nutley.  Rather, it is an ad hoc subcommittee that serves in an
advisory capacity at the pleasure of the Board of Commissioners. The
subcommittee is neither a voting body, as defined in the statute, nor is
it empowered to “perform a public governmental function affecting the
rights, duties, obligations, privileges, benefits, or other legal
relations of any person, or collectively authorized to spend public funds
including the Legislature”.  Therefore, the subcommittee does not meet the
definition of a “public body” under OPMA, its meetings, if any, are not
open to the public, and no public notice of such meetings is required.
Lacking any requirement to provide public notice of the subcommittee’s
meetings, Zoom virtual meeting information for such meetings does not
exist.  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. http://www.state.nj.us/grc
3. http://www.nutleynj.org/

-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and no other:
[OPRA #15387 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://opramachine.com/help/officers

View this OPRA request & responses online:
https://opramachine.com/request/new_nutley_public_affairs_direct


Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an OPRA custodian, please ask your web manager to link to us from your organisation's website.
-------------------------------------------------------------------