Overtime for February 7, 2020
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 a complete list of all the overtime, the employee, the hours and the reason for the overtime for Friday, February 7, 2020, for the Department of Revenue and Finance for $1,509.89
Yours faithfully, Rory Moore
Yours faithfully, 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 February 21, 2020. Below is a list of each
request for access and the Township’s response to the same:
“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 a complete list of all the overtime, the
employee, the hours and the reason for the overtime for Friday, February
7, 2020, for the Department of Revenue and Finance for $1,509.89”
Please see attached record (3 pages in total). Redactions have been made
to the attached records in order to protect personal identifying
information exempt from disclosure pursuant to N.J.S.A. 47:1A-1.1.
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,
Eleni Pettas
--------------------------------------------------------------------------------------------------------------------------------------------
Eleni Pettas, RMC
Municipal Clerk
Department of Revenue and Finance
One Kennedy Drive
Nutley, New Jersey 07110
[3][email address]
(973) 284-4955 Office | (973) 284-0640 Fax
[4]www.nutleynj.org
Re-sending response (please see below). It appears that the attachments
didn’t go through the first time.
Thank you,
Ceci Tramontana
Clerk / Municipal Housing Liaison
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
[1]www.nutleynj.org
P Please consider the environment before printing this email.
From: Eleni Pettas
Sent: Tuesday, February 25, 2020 2:47 PM
To: [email address]
Cc: Ceci Tramontana <[email address]>; Pamela Franco
<[email address]>
Subject: OPRA Request No. 105-20
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 February 21, 2020. Below is a list of each
request for access and the Township’s response to the same:
“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 a complete list of all the overtime, the
employee, the hours and the reason for the overtime for Friday, February
7, 2020, for the Department of Revenue and Finance for $1,509.89”
Please see attached record (3 pages in total). Redactions have been made
to the attached records in order to protect personal identifying
information exempt from disclosure pursuant to N.J.S.A. 47:1A-1.1.
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 [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,
Eleni Pettas
--------------------------------------------------------------------------------------------------------------------------------------------
Eleni Pettas, RMC
Municipal Clerk
Department of Revenue and Finance
One Kennedy Drive
Nutley, New Jersey 07110
[4][email address]
(973) 284-4955 Office | (973) 284-0640 Fax
[5]www.nutleynj.org