Ms. Emily ,

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 June 14, 2023 during regular office hours.
Attached is a copy of your request for records, and below is the
Township’s response to the same:

Please see attached records responsive to your requests.

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, R.M.C., C.M.C. | Municipal Clerk

Department of Revenue and Finance

Township of Nutley, NJ

One Kennedy Drive

Nutley New Jersey 07110

Office (973) 284-4955

Direct (973) 284-4951 x2229

Fax (973) 284-0640

[3]www.nutleynj.org

P Please consider the environment before printing this email

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.

 Open Public Records Act P.L. 2001, CHAPTER 40 N.J.S.A. 47:1A-1 et seq. 
(OPRA) "Government record" or "record" means 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, including
subordinate boards thereof, or that has been received in the course of his
or its official business by any such officer, commission, agency, or
authority of the State or of any political subdivision thereof, including
subordinate boards thereof. The terms shall not include inter-agency or
intra-agency advisory, consultative, or deliberative material.  Please be
advised that this email communication is subject to the above and may or
may not be disclosed in accordance with law at the discretion of the
"Custodian of Records" and legal counsel of the Township of Nutley.

NEW JERSEY'S OPEN PUBLIC MEETINGS ACT "THE SUNSHINE LAW"

New Jersey’s Open Public Meetings Act, known as "The Sunshine Law," is
designed to ensure that decision-making government bodies in the state
conduct their businesses in public except in specific circumstances where
exclusion of the public is needed to protect the privacy of individuals,
the safety of the public or the effectiveness of government in such areas
as negotiations or investigations. Open Public Meetings Act, N.J.S.A
10:4-6 Please do not cross communicate via email, telephone or text as you
may be in violation of said law

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. https://linkprotect.cudasvc.com/url?a=ht...