Ms. Walsh,

The Municipal Clerk's Office is in receipt of your OPRA request. In order to respond, we will need clarification on the following:

- "All ticketed vehicles parked on public streets between 2:00 am and 6:00 am." Please be advised that the Nutley Police Department does not keep copies of parking tickets. The information for the issued summonses is located within the Municipal Court's system; however, the system can only search for summonses based on specific information, such as the vehicle plate or a person's name. The court system is unable to generate a report of all ticketed vehicles as requested. Please let me know if you have specific information on the tickets you are seeking (license plate number or vehicle driver/owner's name).

- "All records of complaints related to overnight parking regulations within Nutley Township." While the Township keeps records of parking complaints, we are unable to generate a list that contains overnight parking complaints only. The complaints list does not differentiate overnight parking from other types of parking complaints. There are about 16,000 complaints during the requested time period of 01/01/2019 to present. Redaction of personal identifying information will be required prior to production of the responsive records, pursuant to N.J.S.A. 47:1A-5. This will require an extensive records review which will cause a substantial disruption in agency operations and warrants the imposition of a special service charge. See Mason v. City of Hoboken, 196 N.J. 51, 66 (2008) (“If a request involves an extraordinary expenditure of time and effort to accommodate, the agency may charge a special, reasonable service charge”). This service charge will be estimated based on the number of pages to be reviewed, the amount of time to review each page and the hourly rate for the employee conducting the records search. The special service charge is in addition to any other or further charges that may be levied in connection with this OPRA request. Pursuant to N.J.S.A. 47:1A-5(c), the requestor “shall have the opportunity to review and object to the charge prior to it being incurred”. Please advise whether or not you would like us to proceed with the records review. If affirmative, we will then calculate the special service charge and you will have the opportunity to accept or reject it.

Sincerely,

Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ

Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
www.nutleynj.org

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Good afternoon, Ms. Walsh:

I am following up on my previous email. Please let me know your response as soon as possible.

Thank you,

Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ

Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
www.nutleynj.org

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Ms. Walsh,

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 7, 2023 during regular office hours.
Below is your request for records and the Township’s response to the same:

Records requested:

- Records dated 01/01/2019 - Present: All ticketed vehicles parked on
public streets between 2:00 am and 6:00 am. Please include the locations,
dates, times, and officers' names issuing the summons. On September 12,
2023, the Township sent you a request for clarification via email for more
information on the requested parking tickets. The clarification request
was reiterated on September 21, 2023 via email. As we have not received a
response from you as of today, and the Municipal Court is unable to
generate a report of all ticketed vehicles as requested, this portion of
your OPRA request is hereby denied.

- Records dated 01/01/2019 - Present: List of people with active overnight
(8:00 p  - 8:00 am) parking permits for municipal lots, length of time
they've leased/rented the parking, total revenue generated from overnight
parking permits. Please see attached records responsive to your request.

- Records dated 01/01/2019 - Present: All records of complaints related to
overnight parking regulations within Nutley Township. On September 12,
2023, the Township sent you an email informing you that this portion of
the request would require an extensive records review which would cause a
substantial disruption in agency operations and would therefore warrant
the imposition of a special service charge. The Township inquired whether
you would like to proceed with the records review and, if affirmative, the
special service charge would be calculated and you would have the
opportunity to accept or reject it. On September 21, 2023, the Township
sent you a second email requesting your response. The Township has not
received a response from you as of today; therefore, this portion of your
OPRA request is hereby considered closed.

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

Township of Nutley

References

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