Mr. Moore,

Please be advised that the documents responsive to this request will be
sent in separate emails due to file size limitations.

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 on October 26, 2020 during the Township’s regular business
hours.  Below are the Township’s responses to each request. 

"Records requested:  Ceci, I have attached the precise text from the
ordnance.  I seek the CAD designs, bid's proposals??  The Nutley BOE has
answered the identical questions with all the requested information.  The
responses were able to be open on a computer.  '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.' Your office has the information
on file.

The improvement hereby authorized and purpose for the financing of which
said obligations are to be issued is the improvement of DeMuro Park in and
by the Township, including the renovation of the track, jumping areas and
tennis courts and there construction of the basketball court to provide
pickle ball courts, together with all 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 see attached records. 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 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. https://linkprotect.cudasvc.com/url?a=ht...
3. http://www.nutleynj.org/

Email # 2 of 3 (see below).

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: Thursday, November 5, 2020 2:24 PM
To: [OPRA #18102 email]
Cc: Eleni Pettas <[email address]>
Subject: OPRA Request No. 552-20

Mr. Moore,

Please be advised that the documents responsive to this request will be
sent in separate emails due to file size limitations.

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 on October 26, 2020 during the Township’s regular business
hours.  Below are the Township’s responses to each request. 

"Records requested:  Ceci, I have attached the precise text from the
ordnance.  I seek the CAD designs, bid's proposals??  The Nutley BOE has
answered the identical questions with all the requested information.  The
responses were able to be open on a computer.  '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.' Your office has the information
on file.

The improvement hereby authorized and purpose for the financing of which
said obligations are to be issued is the improvement of DeMuro Park in and
by the Township, including the renovation of the track, jumping areas and
tennis courts and there construction of the basketball court to provide
pickle ball courts, together with all 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 see attached records. 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 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 [2][email address], or on its website at
[3]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

[4]www.nutleynj.org

References

Visible links
1. http://www.nutleynj.org/
2. mailto:[email address]
3. https://linkprotect.cudasvc.com/url?a=ht...
4. http://www.nutleynj.org/

Email # 3 of 3 (see below).

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: Thursday, November 5, 2020 2:30 PM
To: '[OPRA #18102 email]'
<[OPRA #18102 email]>
Cc: Eleni Pettas <[email address]>
Subject: RE: OPRA Request No. 552-20

Email # 2 of 3 (see below).

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

From: Ceci Tramontana
Sent: Thursday, November 5, 2020 2:24 PM
To: [3][OPRA #18102 email]
Cc: Eleni Pettas <[4][email address]>
Subject: OPRA Request No. 552-20

Mr. Moore,

Please be advised that the documents responsive to this request will be
sent in separate emails due to file size limitations.

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 on October 26, 2020 during the Township’s regular business
hours.  Below are the Township’s responses to each request. 

"Records requested:  Ceci, I have attached the precise text from the
ordnance.  I seek the CAD designs, bid's proposals??  The Nutley BOE has
answered the identical questions with all the requested information.  The
responses were able to be open on a computer.  '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.' Your office has the information
on file.

The improvement hereby authorized and purpose for the financing of which
said obligations are to be issued is the improvement of DeMuro Park in and
by the Township, including the renovation of the track, jumping areas and
tennis courts and there construction of the basketball court to provide
pickle ball courts, together with all 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 see attached records. 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 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 [5][email address], or on its website at
[6]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

[7]www.nutleynj.org

References

Visible links
1. http://www.nutleynj.org/
2. http://www.nutleynj.org/
3. mailto:[OPRA #18102 email]
4. mailto:[email address]
5. mailto:[email address]
6. https://linkprotect.cudasvc.com/url?a=ht...
7. http://www.nutleynj.org/