Ordenance #. 3456
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: I seek the plans for the ordnance 3455. The plans are located in the Clerks Office.
Section 3. (a) The improvement hereby authorized and purpose for the financing
of which said obligations are to be issued is the reconstruction and resurfacing of various roads and
sidewalks in and by the Township so as to provide roadway pavements at least equal in useful life or
durability to a roadway pavement of Class B construction (as such term is used or referred to in
section 40A:2-22 of said Local Bond Law), together with all milling, paving, curbing, guide rails,
reflectors, dividers, drainage facilities, sanitary sewer facilities, signage, structures, equipment, site
work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance
with the plans and specifications therefor on file or to be filed in the office of the Township Clerk
and hereby approved.
Yours faithfully, Rory
Rory Moore
Mr. Moore,
The Municipal Clerk’s Office is in receipt of your OPRA Request No. 525-20
(see attached). As of today, October 23, 2020, a search of Township files
has not revealed any records responsive to this request. However, we will
continue to search, and you will receive a definite answer to your request
by October 30, 2020.
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/
Dear Ceci Tramontana, Ceci, this is not what I requested. Look at the "specifications". I want the specifications. The Nutley BOE sent the CAD design and all the original bids. . I will report this on Monday. How can you estimate the size and scope of the project absent a design. I want the specification on record in the Municipal Clerks office.
Rory Moore
Yours sincerely,
Rory Moore
Dear Ceci Tramontana, Ceci, this is not what I requested. Look at the "specifications". I want the specifications. The Nutley BOE sent the CAD design and all the original bids. . I will report this on Monday. How can you estimate the size and scope of the project absent a design. I want the specification on record in the Municipal Clerks office.
Yours sincerely,
Rory Moore
Dear Ceci Tramontana, Ceci, the quote from the Ordnance Township so as to provide roadway pavements at least equal in useful life or
durability to a roadway pavement of Class B construction (as such term is used or referred to in
section 40A:2-22 of said Local Bond Law), together with all milling, paving, curbing, guide rails,
reflectors, dividers, drainage facilities, sanitary sewer facilities, signage, structures, equipment, site
work, work and materials necessary therefor or incidental thereto, all as shown on and in accordance
with the plans and specifications therefor on file or to be filed in the office of the Township Clerk
and hereby approved.
Yours sincerely, Rory
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 October 14, 2020 during the Township’s regular
office hours. On October 23, 2020 the Township sent you an extension
notice via email. Below is a list of each request for access and the
Township’s response to the same:
“OPRA Request – Ordenance [sic] # 3456”
"Records requested: I seek the plans for the ordnance 3455. The plans
are located in the Clerks Office.
Section 3. (a) The improvement hereby authorized and purpose for the
financing
of which said obligations are to be issued is the reconstruction and
resurfacing of various roads and
sidewalks in and by the Township so as to provide roadway pavements at
least equal in useful life or
durability to a roadway pavement of Class B construction (as such term is
used or referred to in
section 40A:2-22 of said Local Bond Law), together with all milling,
paving, curbing, guide rails,
reflectors, dividers, drainage facilities, sanitary sewer facilities,
signage, structures, equipment, site
work, work and materials necessary therefor or incidental thereto, all as
shown on and in accordance
with the plans and specifications therefor on file or to be filed in the
office of the Township Clerk
and hereby approved."
Please be advised that the Office of the Township Clerk has not received
the plans or specifications referred to in the Ordinance, as the public
bidding and contracting process has not yet begun. A search of Township
files did not reveal any records responsive to this request.
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
From: Ceci Tramontana
Sent: Friday, October 23, 2020 4:27 PM
To: [OPRA #17461 email]
Cc: Eleni Pettas <[email address]>
Subject: OPRA Request No. 525-20
Mr. Moore,
The Municipal Clerk’s Office is in receipt of your OPRA Request No. 525-20
(see attached). As of today, October 23, 2020, a search of Township files
has not revealed any records responsive to this request. However, we will
continue to search, and you will receive a definite answer to your request
by October 30, 2020.
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
[4]www.nutleynj.org
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/
4. http://www.nutleynj.org/