Resolution #382-24 in regard to the Ciccolini site on Dec. 17, 2024.
Rory Moore made this OPRA request to Nutley Township Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear Nutley Township,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested: I seek Resolution #382-24 in regard to the Ciccolini site on Dec. 17, 2024. and all the updates for the Ciccolia Building
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Rory Moore
Mr. Moore,
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 27, 2025 during regular office hours.
Attached is a copy of your request for records, and below is the
Township’s response to the same:
“I seek Resolution #382-24 in regard to the Ciccolini site on Dec. 17,
2024.” Please see attached the Township record responsive to your request.
Please note that a copy of each resolution can also be found at
[1]https://ecode360.com/NU0665/documents/Re... and on the Township
website, [2]www.nutleynj.org.
“and all the updates for the Ciccolia Building” While OPRA provides a
means of access to government documents not otherwise exempted from its
reach, it is not intended as a research tool that may use to force
government officials to identify and siphon information that may be
useful. “[T]he custodian is obligated to search her files to find the
identifiable government records listed in the [OPRA request] . . .
However, the Custodian is not required to research her files to figure out
which records, if any, might be responsive”. Donato v. Twp. of Union, GRC
Complaint No. 2005–182 (Jan. 31, 2007). Because this request would require
the Custodian to conduct research into what records would be considered
“updates for the Ciccolia [sic] Building”, it falls squarely outside the
reach of OPRA. Additionally, in Spectraserv, Inc. v. Middlesex Cnty.
Utils. Auth., the court reiterated Bent’s holding that “OPRA does not
countenance . . . open-ended demands ‘for every document a public agency
has on file.’” Your request for “all” information for records related to
“updates for the Ciccolia [sic] Building” is overly broad and therefore,
improper under OPRA. Accordingly, this portion of your 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 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,
Ceci Tramontana
Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
[5]www.nutleynj.org
References
Visible links
1. https://ecode360.com/NU0665/documents/Re...
2. http://www.nutleynj.org/
3. mailto:[email address]
4. https://linkprotect.cudasvc.com/url?a=ht...
5. http://www.nutleynj.org/