Mr. Moore,

The Municipal Clerk’s office is in receipt of your OPRA Request No. 66-20.
In order to process this request, we will need clarification on the items
you are requesting. You have requested the following:

“Records requested:  I seek all required training schedules for all Nutley
Town employee(s).  I do not request the police and fire .
Thomas Evans started he was a training office.  The attorney of record
stated the Township of Nutley is not responsible for any classes for
recertification. I seek, all titles and all required training.  Required
training for such titles as clerk, clerk 1, Building Inspector, Electrical
Sub code Official,  Fire Sub code Official,  technical Assistant,
 Computer Service Technician, Computer Service Technician A+ Certified,
Data Processing Technician, Clerk Stenographer,  Supervising Mechanic,
 Clerk / Cashier.”

Please clarify what specific government records you are requesting
pertaining to “training schedules.” Additionally, please be advised that,
after reviewing minutes for previous Board of Commissioners meetings, your
conversation with Commissioner Evans and the Municipal Attorney as stated
above could not be located.

Your request will be processed once our office receives the requested
clarification.

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

[1]www.nutleynj.org

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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 February 3, 2020 during regular business
hours.  Below are the Township’s responses to each said request.

“I seek all required training schedules for all Nutley Town [sic]
employee(s)”.  On February 12, 2020, I reached out to you for
clarification on what specific government records you sought under the
category “training schedules,” as no such records could be located under
that description.  On February 13, 2020, you responded, “The title of
clerk1 [sic] in the code enforcement department is there a training
requirement associated with the title”.  You further stated that “I listed
the common titles and I seek the required training requirements, per
title”.  Under OPRA, agencies are required to disclose only “identifiable”
governmental records not otherwise exempt.  Requests for general
information are not encompassed therein.  See MAG Entertainment, LLC v.
Division of Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App.
Div. 2005).  OPRA does not contemplate “[w]holesale requests for general
information to be analyzed, collated and compiled by the responding
government entity”.  Id.  Stated differently, OPRA only allows requests
for records, not requests for information.  See Bent v. Township of
Stafford Police Dept., 381 N.J. Super. 30, 37 (App. Div. 2005).   Thus,
OPRA requires a party requesting access to a public record to specifically
describe the document sought.  See Gannett New Jersey Partners, LP v.
County of Middlesex, 379 N.J. Super. 205, 209 (App. Div. 2005).  As such,
a proper request under OPRA “must identify with reasonable clarity those
documents that are desired, and a party cannot satisfy this requirement by
simply requesting all of an agency's documents”.  Bent, supra, 381 N.J.
Super. at 36-37.  Your request seeks general information concerning
training requirements for various job titles in the Township, but does not
request access to specifically identifiable government records.  Moreover,
a search of Township records did not disclose any documents responsive to
your request.  Accordingly, your OPRA 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

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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