Mr. Moore,

In order to complete your request please clarify number 2 of your request.

Thank you,

Eleni Pettas

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Eleni Pettas, RMC
Municipal Clerk

Department of Revenue and Finance
One Kennedy Drive
Nutley, New Jersey 07110

[email address]
(973) 284-4955 Office | (973) 284-0640 Fax

www.nutleynj.org
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This email transmission and any accompanying material contain confidential and/or privileged information from the Township of Nutley.  This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, copying or use of this communication is strictly prohibited.  Please reply to the sender if you have received this email in error, and then delete it.
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-----Original Message-----
From: Rory Moore <[OPRA #10418 email]>
Sent: Saturday, March 21, 2020 10:36 PM
To: Eleni Pettas <[email address]>
Subject: OPRA request - Police department after hour activity

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:

Please send your response in PDF form.
A listing of all after hours work income generated by the police department in calendar year of 2019.
1. Off-duty police related work assignments for individual police officers and the police department during the time periods specified within the OPRA request.
2. Off-duty non-police related work assignments for individual police officers and the police department during the time periods specified within the OPRA request.
Please include a Record Index with your response.
*A record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.
Yours faithfully,

Yours faithfully,

Rory Moore

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Mr. Moore,

This correspondence shall serve as Nutley Township’s (the “Township”) 
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 March 23, 2020 during regular business hours.
Below are the Township’s responses to each said request.

“Records requested:

Please send your response in PDF form.

A listing of all after hours work income generated by the police
department in calendar year of 2019.

1. Off-duty police related work assignments for individual police officers
and the police department during the time periods specified within the
OPRA request.” Please see attached records.

“2. Off-duty non-police related work assignments for individual police
officers and the police department during the time periods specified
within the OPRA request.”

The records requested on item #2 are not government records, nor are they
made or maintained by the Township.  All assignments given by the Police
Department to its officers are considered police work.  The Township does
not track “off-duty non-police related work assignments” for individual
police officers, as such assignments are not given by the Police
Department, nor do such assignments constitute police work.  OPRA defines
a “government record” as “any paper, written or printed book, document,
drawing, map, plan, photograph, microfilm, data processed or image
processed document, information stored or maintained electronically or by
sound-recording or in a similar device, or any copy thereof, that has been
made, maintained or kept on file in the course of his or its official
business by any officer, commission, agency or authority of the State or
of any political subdivision thereof”.  N.J.S.A. 47:1A-1.1.  If the public
employee or public entity has not made, maintained, kept or received a
document in the course of his or its official business, a document is not
a government record subject to production under OPRA. See Michelson v.
Wyatt, 379 N.J. Super. 611 (App. Div. 2005).  Accordingly, this request is
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 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

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[3]www.nutleynj.org

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