Nutley LOSAP 2021
Rory Moore made this OPRA request to Nutley Township This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Nutley Township,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
"OPRA's clear purpose . . . is 'to maximize public knowledge about public affairs to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Educ. Law Ctr. v. N.J. Dep't of Educ., 198 N.J. 274, 284 (2009) (quoting Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)).
This OPRA request is directed to, Ceci Tramontana, RMC, Nutley Deputy Municipal Clerk. There is no contact ORDER between Elli Pettas and Rory Moore. Complaints have been filed. I still have the right to file an OPRA request.
OPRA machine has determined Pettas has full control over the receiver's email address. Pettas must change the recipient email. I have no dominion, control, or ability to change the recipient's email address. I have filed a criminal complaint against Pettas for using government resources to harass me.
I seek all reporting documents for 2021
) Pursuant to N.J.S.A. 40A:14-191, emergency service
organizations participating in a LOSAP shall annually
certify to the sponsoring agency a list of all volunteer
members who have qualified for credit under the LOSAP
program for the previous year. The certification shall be
based on records maintained by the emergency service
organization in accordance with the sponsoring agency's
adopted point system. The required certification shall be
presented to the sponsor within 30 days of the plan
anniversary date.
Yours faithfully,
Rory Moore
Mr. Moore,
The Office of the Municipal Clerk is in receipt of your OPRA Request No.
573-21. We will require additional clarification in order to process this
request.
You have requested the following:
“Nutley LOSAP 2021 […] Records requested: I seek all reporting documents
for 2021.”
Please be advised that LOSAP payments made in 2021 are not reported until
2022 after the year is closed. Please clarify the time period for the
records you are requesting.
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
Visible links
1. http://www.nutleynj.org/
Mr. Moore,
Please provide the requested clarification so that we can process your
request (please see below).
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
From: Ceci Tramontana
Sent: Friday, September 24, 2021 11:46 AM
To: [OPRA #26045 email]
Cc: Eleni Pettas <[email address]>
Subject: OPRA Request No. 573-21
Mr. Moore,
The Office of the Municipal Clerk is in receipt of your OPRA Request No.
573-21. We will require additional clarification in order to process this
request.
You have requested the following:
“Nutley LOSAP 2021 […] Records requested: I seek all reporting documents
for 2021.”
Please be advised that LOSAP payments made in 2021 are not reported until
2022 after the year is closed. Please clarify the time period for the
records you are requesting.
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
[2]www.nutleynj.org
References
Visible links
1. http://www.nutleynj.org/
2. http://www.nutleynj.org/
Dear Ceci Tramontana, let's try something simple. Ceci,
5:30-14.10 LOSAP award process
(a) Pursuant to N.J.S.A. 40A:14-191, emergency service
organizations participating in a LOSAP shall annually
certify to the sponsoring agency a list of all volunteer
members who have qualified for credit under the LOSAP
program for the previous year. The certification shall be
based on records maintained by the emergency service
organization in accordance with the sponsoring agency's
adopted point system. The required certification shall be
presented to the sponsor within 30 days of the plan
anniversary date.
(b) Upon receiving the certified list from an emergency
service organization, the sponsoring agency shall, within
30 days, review it and, if necessary, request any records
or another such backup that it deems necessary in order to
substantiate the information provided. Upon finding that
the list is accurate, approval by the sponsoring agency
shall then be conveyed by resolution of its governing
body. Upon approval, the list shall be returned to the
an emergency service organization for posting.
(c) The emergency service organization shall post the
certified list for a period of 30 days to allow sufficient time
for membership review. The list shall be posted at the
office of the municipal clerk, and at the emergency service
squad facility. In the case of fire districts, the list shall be
posted in the firehouses of the sponsoring agency.
Ceci, I want the October 1st, 2020 list. I will mediate this next Monday. You lost the last two. Let's try for 3. Read your response, please.
Yours sincerely,
Rory Moore
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 by the Township on September 22, 2021 during regular office
hours. On September 24, 2021 the Township sent you a request for
clarification via email. The Township sent you a second request for
clarification on October 25, 2021. The Township received the requested
clarification via email on October 26, 2021 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:
Email subject line: Nutley LOSAP 2021
"I seek all reporting documents for 2021
Pursuant to N.J.S.A. 40A:14-191, emergency service organizations
participating in a LOSAP shall annually certify to the sponsoring agency a
list of all volunteer members who have qualified for credit under the
LOSAP program for the previous year. The certification shall be based on
records maintained by the emergency service organization in accordance
with the sponsoring agency's adopted point system. The required
certification shall be presented to the sponsor within 30 days of the plan
anniversary date."
Updated request as of 10/26/2021: "I want the October 1st, 2020 list"
Please see attached records responsive to this request. Personal
identifying numbers have been redacted pursuant to N.J.S.A. 47:1A-5.
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, 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/