Police/CAD Report request
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:
1. Copy of a CAD report or/and Police report of an incident at or near 8 Charles St on January 5th, Sunday. No personal identifying information is requested.
Yours faithfully,
Jack Rivera
Dear Nutley Township,
It has been more than 7 business day and my request has not been at the very least acknowledged. You are breaking the law.
Yours faithfully,
Jack Rivera
Mr. Rivera,
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 January 13, 2020 during regular business hours
(8:30 AM to 4:30 PM, Monday through Friday, except holidays). Please note
that Township offices were closed on Monday, January 20 in observance of
Martin Luther King Jr. Day; therefore, this response has been provided
during the required seven (7) business days as per OPRA law. Below is a
list of each request for access and the Township’s response to the same:
o Please see attached CAD report (5 pages in total)
o The requested incident report has not been provided as it contains
medically related information exempt from disclosure pursuant to Executive
Order No. 26 (McGreevey 2002) and HIPAA Privacy Rule (see 45 C.F.R.
164.502(d)).
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.
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
[3]www.nutleynj.org
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References
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1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/
Mr. Rivera,
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 January 13, 2020 during regular business hours
(8:30 AM to 4:30 PM, Monday through Friday, except holidays). Please note
that Township offices were closed on Monday, January 20 in observance of
Martin Luther King Jr. Day; therefore, this response has been provided
during the required seven (7) business days as per OPRA law. Below is a
list of each request for access and the Township’s response to the same:
“Copy of a CAD report or/and Police report of an incident
at or near 8 Charles St on January 5^th, Sunday.”
o Please see attached CAD report (5 pages in total)
o The requested incident report has not been provided as it contains
medically related information exempt from disclosure pursuant to Executive
Order No. 26 (McGreevey 2002) and HIPAA Privacy Rule (see 45 C.F.R.
164.502(d)).
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.
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
[3]www.nutleynj.org
P Please consider the environment before printing this email.
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/