Good afternoon,
We are in receipt of your request for records, a copy of which has been attached to this email for reference.
Your request references a "Passaic valley water sewage commission," which does not exist. Could you please clarify whether the records you are looking for are in regards to the "Passaic Valley Water Commission" or the "Passaic Valley Sewerage Commission"?

Thank you,
Ceci Tramontana
Deputy Clerk

show quoted sections

Good morning,

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 August 8, 2024 during regular office hours.
Below is your request for records and the Township’s response to the same:

Records requested:

“I’d like to see the bill and all funds paid to Passaic valley water
sewage  commission and any contracts with them for 2020 2021 2022 2023 and
2024”

On August 13, 2024, the Township sent you a request for clarification via
email to ascertain whether you are inquiring about the “Passaic Valley
Water Commission” or the “Passaic Valley Sewerage Commission,” as the
“Passaic valley water sewage commission” does not exist. As we have not
received a response from you as of today, your OPRA request is hereby
denied.

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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