Mr. Santiago,

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 December 13, 2021 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

1. A list of all residential single family, and multi family properties
with code violations on them for the last 3 months from today. Address,
and owner name provided please. Please see attached record responsive to
this request.

2. A list of all residential vacant land, single family and multi family
properties that are currently in the probate process. Please be advised
that the Township does not maintain such a list; therefore, no documents
exist pursuant to this request. “OPRA applies solely to documents made,
maintained or kept on file in the course of a public agency's official
business, as well as any document received in the course of the agency's
official business.”  Id. (internal quotations removed), citing N.J.S.A.
47:1A–1.1.   

3. A list of all residential single family, and multi family properties
that are in the eviction process. Please be advised that the Township does
not maintain such a list; therefore, no documents exist pursuant to this
request. “OPRA applies solely to documents made, maintained or kept on
file in the course of a public agency's official business, as well as any
document received in the course of the agency's official business.”  Id.
(internal quotations removed), citing N.J.S.A. 47:1A–1.1.   

4.A list of all residential vacant land, single family, and multi family
properties that are going through the divorce process. Please be advised
that the Township does not maintain such a list; therefore, no documents
exist pursuant to this request. “OPRA applies solely to documents made,
maintained or kept on file in the course of a public agency's official
business, as well as any document received in the course of the agency's
official business.”  Id. (internal quotations removed), citing N.J.S.A.
47:1A–1.1.   

5. A list of all residential single family and multi family properties
that are delinquent on their utilities. Address, owner name, and balance
owed provided please. Please see attached record.

6. A list of all residential single family and multi family properties
that are flagged abandoned. Please see attached record.

7. A list of all residential single family and multi family properties
that are fire damaged in the past month. Please be advised that the
Township does not maintain such a list; therefore, no documents exist
pursuant to this request. “OPRA applies solely to documents made,
maintained or kept on file in the course of a public agency's official
business, as well as any document received in the course of the agency's
official business.”  Id. (internal quotations removed), citing N.J.S.A.
47:1A–1.1.   

8. A list of all residential single family and multi family properties
that have had their utilities shut off for 6+ months Please be advised
that a search of Township files revealed no records responsive to this
request.

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, RMC

Deputy Municipal Clerk

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[3]www.nutleynj.org

References

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1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/