Request for information
Dear Nutley Township Records Custodian,
Please accept this email as a formal request for public records pursuant to the New Jersey Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., and the common law right of access.
Pursuant to N.J.S.A. 47:1A-6(f), I am not required to submit this request on an official form or through a specific platform. This email contains all information required to constitute a valid OPRA request.
I certify the following:
I have not been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I will not use the requested records for a commercial purpose.
I am not seeking these records in connection with any legal proceeding.
Records Requested
I request copies of all Body Worn Camera (BWC) footage recorded on or about Veterans Day 2025 involving Carmine Alessio at the Nutley Police Department or Nutley police station.
Legal Basis and Notice
BWC recordings are subject to OPRA pursuant to N.J.S.A. 40A:14-118.5(k) and applicable Attorney General Directives. Because BWC recordings are required by law to be created and maintained, they do not qualify for exemption as “criminal investigatory records” under OPRA.
Further, under N.J.S.A. 47:1A-3(a) and the New Jersey Supreme Court’s decision in North Jersey Media Group v. Township of Lyndhurst, records may not be withheld based solely on the existence of an ongoing investigation unless disclosure would be demonstrably inimical to the public interest. Any denial on this basis must include a specific, fact-based explanation addressing this particular recording.
If any portion of the footage raises legitimate privacy concerns, OPRA requires redaction rather than wholesale withholding. This includes blurring faces or muting audio where appropriate.
Please be advised that OPRA provides for personal civil penalties under N.J.S.A. 47:1A-11 for knowing and willful violations, and is a fee-shifting statute under N.J.S.A. 47:1A-6, requiring the Township to pay reasonable attorney’s fees and costs if access is unlawfully denied.
Request for Compliance
Please produce the requested records within the statutory timeframe. If access is denied in whole or in part, please provide a written response citing the specific legal basis for each denial.
My preferred method of delivery is by email attachment. Please confirm receipt of this request. If you are not the designated records custodian, please forward this request to the appropriate individual and provide their contact information.
Thank you for your prompt attention to this matter.
Sincerely, anon
Anon,
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 February 2, 2026 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 below a link to the requested footage. Personal identifying
information has been redacted pursuant to N.J.S.A. 47:1A-1.1. PLEASE NOTE
THAT THE LINK TO THE FILE(S) WILL EXPIRE IN 30 DAYS, so be sure to move
the data to a permanent location.
[1]Folder icon [2]RR # 70-26
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 reserves its right to deny any
request for records that are the subject of any discovery, subpoena or
court order pursuant to N.J.S.A. 47:1A-5. Moreover, the Township may
restrict access to records sought for a commercial purpose. Id. The
Township reserves the right to raise any other grounds for denial not
raised in this response. Failure of the Township 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 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
[3][email address], or on its website at [4]//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,
The OPRA Team
Municipal Clerk’s Office
Department of Revenue and Finance
Township of Nutley, NJ
Office: 973-284-4955
1 Kennedy Drive
Nutley, New Jersey 07110
[5]www.nutleynj.org
References
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