Zoom link for the deversity committee.

The request was refused by Nutley Township.

Dear Nutley Township,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:

"OPRA's clear purpose . . . is 'to maximize public knowledge about public affairs in order to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Educ. Law Ctr. v. N.J. Dep't of Educ., 198 N.J. 274, 284 (2009) (quoting Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)).

I seek the zoom link, the members of the adversity committee and the minutes as well as the meeting dates.

Yours faithfully, Rory

Rory Moore

Ceci Tramontana, Nutley Township

Mr. Moore,

 

The Office of the Municipal Clerk is in receipt of your OPRA Request No.
518-20. We will require additional clarification in order to process this
request.

 

You have requested the following: "I seek the zoom link, the members of
the adversity committee and the minutes as well as the meeting dates."
Please be advised that the Township of Nutley does not have an adversity
committee. Please clarify the name of the committee you are inquiring
about.

 

Please provide the requested clarification as soon as possible.

 

Thank you,

 

Ceci Tramontana, RMC

Deputy Municipal Clerk

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

 

References

Visible links
1. http://www.nutleynj.org/

Dear Ceci Tramontana,
“The definition of insanity is doing the same thing over and over again and expecting different results.” Albert Einstein.
Thank you for proving Albert Einstein correct. I have attached the requisite portions of the New Jersey State Meetings Act and OPRA.
Ms. Tramontana, please, seek legal console before proceeding. I will file a complaint with the DCA against you. I will file against you as there are legal ramifications for violating an Open Public Meeting Act. {sic} attached.
I ,acquiesce, The Office of the Nutley Registered Municipal Clerk has a deliberate and systematic approach to harass me after my surgery.
I fail to understand the intentional action to use your office with ever so incidental trivialities to intentionally inflict harassment.
OPMA is succinct on the issue of the diversity committee. I will mediate this request, with impunity, with the intent to ascertain the diversity committee meeting link.
The office of Nutley registered Municipal Clerk has harassed me for the last time. The State v Moore S-2020-000036 will devastate the Township of Nutley.
Please, seek competent legal console prior to responding.

1. H. Are there sanctions for noncompliance?
2. For a first offense of the open meetings law, a violator is fined $100. For any subsequent offenses the violator can be fined between $100 and $500. N.J.S.A. 10:4-17. By objecting to a closed meeting and stating the reasons for believing the meeting should be open, an official may be exempt from fines. N.J.S.A. 10:4-17. A court may void any action taken at an improperly closed meeting. N.J.S.A. 10:4-15(a).
I have attached, for your viewing edification, the following,
RULES ADOPTED BY THE COMMITTEES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES 116th Congress 2019–2020
RULE III.—OPEN MEETINGS AND HEARINGS; BROADCASTING (a) Open Meetings and Hearings.—Each meeting for the transaction of business, including the markup of legislation, and each hearing by the Committee or a Subcommittee shall be open to the public unless closed in accordance with clause 2(g) of House Rule XI. (b) Broadcasting and Photography.—Whenever a Committee or Subcommittee meeting for the transaction of business, including the markup of legislation, or a hearing is open to the public, the Committee shall: (1) to the maximum extent practicable provide audio and video coverage of each hearing or meeting for the transaction of business in a manner that allows the public to easily listen to and view the proceedings and shall maintain the recordings of such coverage in a manner that is easily accessible to the public; and VerDate Sep 11 2014 22:21 Jul 09, 2019 Jkt 036537 PO 00000 Frm 00011 Fmt 6601 Sfmt 6601 E:\HR\OC\A537.XXX A537 khammond on DSKBBV9HB2PROD with GALLEYS_HROC 6 (2) make each hearing or meeting for the transaction of business open to coverage by television, radio, and still photography in accordance with clause 4 of House Rule XI. When such audio and visual coverage is conducted in the Committee or Subcommittee, written notice to that effect shall be provided to each Member. The Chairman of the Committee or Subcommittee shall not limit the number of television or still cameras permitted in a hearing or meeting room to fewer than two representatives from each medium (except for legitimate space or safety considerations, in which case pool coverage shall be authorized). (c) Closed Meetings—Attendee

I acquiesce this is Federal and may confuse you. Inglensino’s para legal may assist you, alas, she may charge the Township for consultant fees. Let us try this, much simpler.

New Jersey
Open Government Guide
Compare
Author
Thomas J. Cafferty, Esq.
Nomi I. Lowy Esq.
Lauren James-Weir, Esq.
Charlotte Howells, Esq.
Gibbons P.C.
One Gateway Center
Newark, New Jersey 07102
(973) 596-4863
9. Appointed as well as elected bodies
The requirements of OPMA apply to every public body, whether elected or appointed, which performs a public governmental function or spends public funds.
D. What constitutes a meeting subject to the law
In order to constitute a meeting subject to the provisions of OPMA, there must be a "gathering," either in person or by means of communications equipment, which is open to all members of the public body and which is held with the intent to discuss or act on specific public business. N.J.S.A. 10:4-8b. Typical partisan caucus meetings and chance encounters of members of public bodies are not intended to be covered by OPMA. Introductory Statement, Assembly No. 1030, L.1975, c.231. A meeting does not include any such gathering (1) attended by less than an effective majority of the members of a public body, or (2) attended by or open to all the members of three or more similar public bodies at a convention or similar gathering. N.J.S.A. 10:4-8b.
3. Electronic meetings
Any "gathering" by means of electronic equipment which is open to all members of the public body is subject to the provisions of OPMA if conducted with the intent to discuss public business.
https://www.rcfp.org/open-government-gui...
1. What kinds of records are covered?
All "government records" shall be subject to access unless specifically exempt from such access. "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.
(See N.J.S.A. 47:1A-1.1).

5. Electronic records (e.g., databases, metadata)
a. Can the requester choose a format for receiving records?
A custodian shall permit access to a government record and provide a copy thereof in the medium requested if the public agency maintains the record in that medium. If the public agency does not maintain the record in the medium requested, the custodian shall either convert the record to the medium requested or provide a copy in some other meaningful medium. (See N.J.S.A. 47:1A-5(d)).
I want the bills in excel.
c. Does the existence of information in electronic format affect its openness?
No. The definition of a "government record" includes material stored or maintained electronically. (See N.J.S.A. 47:1A-1.1).
d. Online dissemination
N.J.S.A. 47:1A-5(d) provides:
3. A custodian shall permit access to a government record and provide a copy thereof in the medium requested if the public agency maintains the record in that medium. If the public agency does not maintain the record in the medium requested, the custodian shall either convert the record to the medium requested or provide a copy in some other meaningful medium. If a request is for a record: (1) in a medium not routinely used by the agency; (2) not routinely developed or maintained by an agency; or (3) requiring a substantial amount of manipulation or programming of information technology, the agency may charge, in addition to the actual cost of duplication, a special charge that shall be reasonable and shall be based on the cost for any extensive use of information technology, or for the labor cost of personnel providing the service, that is actually incurred by the agency or attributable to the agency for the programming, clerical, and supervisory assistance required, or both.
4. Open Meetings

5. I. Statute - basic application

6. A. Who may attend?
7. Any member of the public has the right to be present at all meetings of public bodies. N.J.S.A. 10:4-7.

8. B. What governments are subject to the law?
9. The provisions of the Open Public Meetings Act (“OPMA”) to all levels of government in New Jersey — state, county and local or municipal. N.J.S.A. 10:4-7.
10. a. What officials are covered?
11. OPMA applies only to a "public body" — "a commission, authority, board, council, committee or any group of two or more persons organized under the laws of this State and collectively empowered as a voting body to perform a public governmental function . . . or collectively authorized to spend public funds." N.J.S.A. 10:4-8a. Therefore the activities of an executive such as the Governor or a mayor are not covered by the law.
12. 2. Nature of business subject to the law
13. Any meeting of a public body held with the intent to discuss or act on any matter related either directly or indirectly to the performance of the public body's function or the conduct of its business is covered by OPMA. N.J.S.A. 10:4-8b. Since the law applies to both discussions and actions by a public body, information-gathering and fact-finding sessions and all deliberations toward a decision must be open to the public and subject to the other requirements of OPMA. See Allan-Deane Corp. v. Bedminster Twp., 153 N.J. Super. 114, 379 A.2d 265 (App. Div. 1977); South Harrison Township Committee v. Board of Chosen Freeholders, 210 N.J. Super. 370, 510 A.2d 42 (App. Div. 1986).
14. Compare
15. a. "Information gathering" and "fact-finding" sessions
16. Since the law applies to both discussions and actions by a public body, information-gathering and fact-finding sessions must be open to the public and subject to the other requirements of OPMA. See Allan-Deane Corp. v. Bedminster Twp., 153 N.J. Super. 114, 379 A.2d 265 (App. Div. 1977); South Harrison Township Committee v. Board of Chosen Freeholders, 210 N.J. Super. 370, 510 A.2d 42 (App. Div. 1986.
17. Compare
18. 3. Electronic meetings
19. Any "gathering" by means of electronic equipment which is open to all members of the public body is subject to the provisions of OPMA if conducted with the intent to discuss public business.
20. Compare
21. a. Conference calls and video/Internet conferencing
22. See (a). Any "gathering" by means of electronic equipment which is open to all members of the public body is subject to the provisions of OPMA if conducted with the intent to discuss public business.
23. Compare
24. b. E-mail
25. Any "gathering" by means of electronic equipment which is open to all members of the public body is subject to the provisions of OPMA if conducted with the intent to discuss public business.
26. Compare
27. c. Text messages
28. Any "gathering" by means of electronic equipment which is open to all members of the public body is subject to the provisions of OPMA if conducted with the intent to discuss public business.
29. Compare
30. d. Instant messaging
31. Any "gathering" by means of electronic equipment which is open to all members of the public body is subject to the provisions of OPMA if conducted with the intent to discuss public business.
32. Compare
33. e. Social media and online discussion boards
34. Any "gathering" by means of electronic equipment which is open to all members of the public body is subject to the provisions of OPMA if conducted with the intent to discuss public business.
35. See (a).
36. Compare
37. E. Categories of meetings subject to the law
38. Compare
39. 1. Regular meetings
40. Compare
41. a. Definition
42. Those meetings listed in the schedule of regular meetings adopted by the public body at its annual reorganization meeting or, if no reorganization meeting is held, then by January 10 of each year.
43. Compare
44. b. Notice
45. A schedule of regular public meetings must be adopted by each public body within seven days following its annual reorganization meeting or, if no reorganization meeting is held, then by January 10 of each year. If the schedule of regular meetings is thereafter revised, notice of the revisions must be given within seven days following such revision. N.J.S.A. 10:4-18.
46. The annual schedule of regular meetings must be mailed to at least two newspapers circulated within the area of jurisdiction of the public body, including one newspaper which is to be designated as the "official newspaper" of the public body. (Note that the schedule need not be published by the newspapers; it must only be mailed to them.) N.J.S.A. 10:4-18; 10:4-8d; see Township of Bernards v. State Dept. of Community Affairs, 233 N.J. Super. 1, 558 A.2d 1 (App. Div.), certif. den. 118 N.J. 194, 195, 570 A.2d 959 (1989). The schedule must also be filed with: (i) the clerk of the municipality, for municipal public bodies; or (ii) the clerk of the county, for county-wide public bodies; or (iii) the Secretary of State, for state-wide public bodies. N.J.S.A. 10:4-8d. Additionally, the schedule must be mailed to any person who has requested it in writing and prepaid the fee established by the public body for such service. Requests for the schedule of regular meetings and notice of special meetings must be renewed annually. N.J.S.A. 10:4-19.
47. The annual schedule of regular meetings and any revisions must be prominently posted in at least one public place reserved for such announcements. N.J.S.A. 10:4-8. The place of posting is usually adopted by resolution of the public body, and generally is a bulletin board located in or near the public building where the meetings are held.
48. The annual schedule of regular meetings need not include the proposed agenda for each meeting. See N.J.S.A. 10:4-18. Consequently, there is no requirement that a public body give notice of the proposed agenda for each regularly scheduled meeting. See Crifasi v. Governing Body of Oakland, 156 N.J. Super. 182, 383 A.2d 736 (App. Div. 1978). However, most public bodies do post the agenda for each regularly scheduled meeting shortly after it is prepared. The agenda is usually posted in the same location as the annual schedule of regular meetings. When the agenda of a regular meeting is posted, the public body is not limited to discussion or action on that agenda; it may take up items not on the agenda unless the omission was intentional and was designed to deceive the public. See Crifasi v. Governing Body of Oakland, supra.
49. The annual schedule of regular meetings must contain the date and time of each meeting and its location "to the extent known." N.J.S.A. 10:4-18.
50. Where adequate notice of a regular public meeting has not been given, any person may: (i) seek injunctive relief in Superior Court to prevent the meeting from being held, N.J.S.A. 10:4-16; or (ii) bring an action in Superior Court within 45 days after the meeting to void any action taken, N.J.S.A. 10:4-15. Additionally, on complaint of the Attorney General or the County Prosecutor, any person who knowingly violates any provision of OPMA shall be fined $100 for the first offense and $500 for any subsequent offense. N.J.S.A. 10:4-17.
51. Compare
52. c. Minutes
53. A public body is required to keep "reasonably comprehensible" (sic) minutes of all meetings showing the time and place, the members present, the subject considered, the actions taken, and the vote of each member. N.J.S.A. 10:4-14. The minutes need not reveal why the action was or was not taken, only what took place and what final action was taken. Liebeskind v. Mayor and Council of Bayonne, 265 N.J. Super. 389, 627 A.2d 677 (App. Div. 1993). The minutes must also contain a statement specifying the time, place and manner in which public notice of the meetings was given. N.J.S.A. 10:4-10a. See AQN Ass'n v. Florence Twp., 248 N.J. Super. 597, 591 A.2d 995 (App. Div. 1991).
54. The minutes of all public meetings, including portions of any meeting from which the public was properly excluded, are public records under the Open Public Records Act. See South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 461, 591 A.2d 921 (1991). Promptly available has been held to mean two weeks or before the next meeting of the public body, whichever is earlier. See Matawan Reg. Teachers Ass'n v. Matawan-Aberdeen Reg. Bd. of Educ., 212 N.J. Super. 322, 514 A.2d 1361 (Law Div. 1986).
55. Compare
56. 2. Special or emergency meetings
57. Compare
58. a. Definition
59. A special meeting is any meeting not listed on the annual schedule of regular meetings for which written advance notice of at least 48 hours can be given. N.J.S.A. 10:4-8d; 10:4-9b(4). An emergency meeting is one that, upon the affirmative vote of three-quarters of the members present, is determined to be necessary in order to deal with a matter of such urgency and importance that delay for the purpose of providing adequate notice would be likely to result in substantial harm to the public interest. N.J.S.A. 10:4-9b(1).
60. Compare
61. b. Notice requirements
62. At least 48 hours advance notice must be given for any special meeting. N.J.S.A. 10:4-8d. Notice of an emergency meeting must be provided "as soon as possible following the calling of such meeting." N.J.S.A. 10:4-9b(3).
63. Notice of a special meeting must be "mailed, telephoned, telegrammed or hand delivered" to two newspapers at least 48 hours prior to the start of the meeting. N.J.S.A. 10:4-8d. Note that the newspaper need not publish the notice. However, one of the newspapers to which notice is sent must have a publication schedule which would permit publication prior to the meeting. See Worts v. Mayor and Council of Upper Township, 176 N.J. Super. 78, 442 A.2d 112 (Ch. Div. 1980). Notice of a special meeting must also be filed with the clerk who received the annual schedule, N.J.S.A. 10:4-8d, and mailed at least 48 hours in advance to any person who has filed a request for the annual schedule. N.J.S.A. 10:4-19. Notice of an emergency meeting must be telephoned, telegrammed or delivered to the two newspapers which received the annual schedule. N.J.S.A. 10:4-9b(3).
64. Notices of special and emergency meetings must be posted in the same location as the annual schedule. N.J.S.A. 10:4-8d and 10:4-9b(3).
65. The notices of both special and emergency meetings must include the agenda "to the extent known." N.J.S.A. 10:4-8d and 10:4-9a. Note that an emergency meeting is limited to "discussion of and acting with respect to such matters of urgency and importance" as gave rise to the need to call the emergency meeting. N.J.S.A. 10:4-9b(2).
66. Notices of special and emergency meetings must also include the time, date and location of the meeting and whether formal action may or may not be taken. N.J.S.A. 10:4-8d and 10:4-9a.
67. The penalties and remedies for failure to give adequate notice of a special meeting are the same as those for a regular meeting, i.e., injunctive relief, voiding of action taken, and fines. N.J.S.A. 10:4-15, 16 and 17. Where no valid emergency exists, or where there is not even an attempt to comply with the notice requirements for an emergency meeting, the same penalties may be imposed. See Dunn v. Mayor and Council and Clerk of Laurel Springs, 163 N.J. Super. 32, 394 A.2d 145 (App. Div. 1978).
68. Compare
69. c. Minutes
70. The information required in the minutes of a special or emergency meeting is the same as that for regular meetings, and the minutes must be "promptly" available to the public. N.J.S.A. 10:4-14. In addition, the minutes of an emergency meeting must state the nature of the urgency and importance and the substantial harm to the public interest likely to result from a delay in holding the meeting. N.J.S.A. 10:4-10b.
71. Pursuant to the Open Public Records Act, minutes are public records.
72. Compare
73. 3. Closed meetings or executive sessions
74. Compare
75. a. Definition
76. A public body in New Jersey is permitted to go into closed session and exclude the public from attendance only when "discussing" nine specific subject matter areas. See N.J.S.A. 10:4-12b. These will be treated in detail in Section II below. Note that a closed session is limited to discussions; one case has held that a public body can debate an issue in closed session, but cannot act on it. Houman v. Pompton Lakes, 155 N.J. Super. 129, 382 A.2d 413 (Law Div. 1977).
77. Compare
78. b. Notice requirements
79. In order to go into closed session, a public body must adopt a resolution at a public meeting for which public notice pursuant to N.J.S.A. 10:4-18 has been given. N.J.S.A. 10:4-13.
80. Once the resolution to go into closed session is adopted at a public meeting, no further notice of the closed session is required. N.J.S.A. 10:4-13; see Atty. Gen. Formal Op. 1976, No. 29. However, where the closed session is to discuss termination or disciplining of personnel, actual notice of the session must be given to the affected employees so they can decide if they desire a public meeting. See Rice v. Union Cnty. Regional Bd. of Educ., 155 N.J. Super. 64, 382 A.2d 386 (App. Div. 1977);see also Kean Fed’n of Teachers v. Morrell, 233 N.J 566, 586, 187 A.3d 153, 165 (N.J. 2018).
81. Notice for the public meeting at which the resolution to enter into executive session has been adopted must be posted pursuant to N.J.S.A. 10:4-8.
82. The resolution to go into closed session must (i) state the "general nature" of the subject matter to be discussed in the closed session, and (ii) state "as precisely as possible" the time when and the circumstances under which the discussion conducted in closed session can be disclosed to the public. N.J.S.A. 10:4-13. In an unpublished decision, Paff v. Monroe Township Board of Education, 2007 WL 191984 (Law Div.), the Court indicated that a Resolution restating the provisions of the law allowing a closed session is not in compliance with the statute.
83. The penalties and remedies for improperly resolving to go into closed session are the same as those for other violations, i.e., injunctive relief, voiding of the action taken, and fines. See N.J.S.A. 10:4-15, 16 and 17.
84. Compare
85. c. Minutes
86. A public body is required to keep minutes of a closed session to the same extent as a public session. N.J.S.A. 10:4-14.
87. The minutes, including tape recordings, of a closed session may be public records under the Open Public Record Act or the common law. N.J.S.A. 10:4-14. See Payton v. N.J. Turnpike Authority, 148 N.J. 524, 691 A.2d 321 (1997); South Jersey Pub. Co. v. N.J. Expressway Authority, 124 N.J. 461, 591 A.2d 921 (1991); Atlantic City Convention Authority v. South Jersey Pub. Co., 135 N.J. 53, 637 A.2d 1261 (1994).
88. Compare
89. d. Requirement to meet in public before closing meeting
90. To go into a closed session, a public body must first adopt a resolution at a public meeting (regular, special or emergency) for which public notice has been given in accordance with the OPMA.
91. Compare
92. e. Requirement to state statutory authority for closing meetings before closure
93. A resolution to go into closed session which merely "parrots" the statutory language is insufficient. The resolution should contain as much information as is consistent with full public knowledge without doing harm to the public interest that supports the closure. Council of New Jersey State College Locals v. Trenton State, 284 N.J. Super. 108, 663 A.2d 664 (Law Div. 1995). See Houman v. Mayor of Pompton Lakes, 155 N.J. Super. 129, 149-50, 382 A.2d 413 (Law Div. 1977) and McGovern v. Rutgers, 2011 N.J. Super. Lexis 32 (App. Div., 2011).
94. Compare
95. f. Tape recording requirements
96. There is no requirement that a closed session be tape recorded; minutes of a closed session must be kept "to the same extent as a public session." N.J.S.A. 10:4-14.
97. Compare
98. F. Recording/broadcast of meetings
99. While OPMA is silent on the issue of sound and photographic recording of public meetings, the courts have held that such a right is inherent in the law. Both sound and photographic recordings are therefore permitted subject to reasonable regulations, which generally should follow the New Jersey Supreme Court Guidelines for still and television camera and audio coverage of proceedings in the courts of New Jersey. See Maurice River Board of Education v. Maurice River Teachers Ass'n, 187 N.J. Super. 566, 455 A.2d 563 (Law Div. 1982), aff'd 193 N.J. Super. 488, 475 A.2d 59 (App. Div. 1984). The Supreme Court Guidelines permit (i) no more than two videotape cameras; (ii) no more than two still photographers; (iii) no more than one audio system for radio broadcasts; and (iv) no artificial lighting. The guidelines also require the media to obtain permission in advance and to position themselves in the areas designated. Movement of personnel and equipment is allowed only before or after the meeting or during recesses.
100. In a recently decided case, Tarus v. Borough of Pine Hill, 189 N.J. 497 (2007) the Supreme Court held there was a common law right to videotape a municipal council meeting subject to reasonable restrictions.
101. Compare
102. 1. Sound recordings allowed
103. Compare
104. 2. Photographic recordings allowed
105. Compare
106. G. Access to meeting materials, reports and agendas
107. The accessibility of such documents and records is governed by the Open Public Records Act.
108. Compare
109. H. Are there sanctions for noncompliance?
110. For a first offense of the open meetings law, a violator is fined $100. For any subsequent offenses the violator can be fined between $100 and $500. N.J.S.A. 10:4-17. By objecting to a closed meeting and stating the reasons for believing the meeting should be open, an official may be exempt from fines. N.J.S.A. 10:4-17. A court may void any action taken at an improperly closed meeting. N.J.S.A. 10:4-15(a).
111. Compare
112. II. Exemptions and other legal limitations
113. Compare
114. A. Exemptions in the open meetings statute
115. Compare
116. 1. Character of exemptions
117. There are nine specific subject matter exceptions to the requirement that all meetings be open to the public. N.J.S.A. 10:4-12b(1) to (9). These exceptions are to be strictly construed in order that the broad public policy underlying OPMA is realized. Woodcock v. Calabrese, 148 N.J. Super. 526, 372 A.2d 1178 (Dist. Ct. 1977). See N.J.S.A. 10:4-7.
118. A closed session to discuss any of the excepted subjects is discretionary. Closure is permitted only after adoption of a resolution setting forth (i) the "general nature" of the subject to be discussed; and (ii) the time when and the circumstances under which the discussion conducted in closed session can be disclosed to the public. N.J.S.A. 10:4-12b and 10:4-13.
119. Compare
120. 2. Description of each exemption
121. See N.J.S.A. 10:4-12b. The public may be excluded from discussion of:
122. (i) any matter which, by express provision of federal or state statute or rule of court is rendered confidential;
123. (ii) any matter in which the release of information would impair the right to receive federal funds;
124. (iii) any matter the disclosure of which would constitute an unwarranted invasion of privacy, including records, reports, recommendations, data, or other personal material pertaining to a specific individual admitted to or served by a training, educational, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance, or similar program or institution operated by a public body, unless the individual concerned shall request in writing that the same be disclosed publicly;
125. (iv) any collective bargaining agreement, or the terms and conditions proposed for inclusion in a collective bargaining agreement, including the negotiation with employees or representatives of employees;
126. (v) any matter involving the purchase, lease or acquisition of real property with public funds, or the setting of banking rates or the investment of public funds, where the discussion could adversely affect the public interest;
127. (vi) any tactics or techniques to be used in protecting the safety and property of the public, where disclosure could impair such protection and any investigations of possible violations of the law;
128. (vii) any pending or anticipated litigation or contract negotiation in which the public body is or may be a party, or any matters falling within the attorney-client privilege;
129. (viii) any matter involving employment, appointment, termination of employment, evaluation of performance of, promotion or disciplining of any current or prospective public employee or appointee, unless all the individual employees or appointees whose rights could be adversely affected request in writing that such discussion take place at a public meeting. Note that this exception does not apply where the public body is appointing a person to fill the unexpired term of an elected official. See Gannett v. Board of Education of Manville, 201 N.J. Super. 65,492 A.2d 703 (Law Div. 1984);
130. (ix) any deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility. Note that this last exception applies only to the deliberations of a public body following a public hearing. However, where a state statute requires that the entire hearing be held in private, it takes precedence over this exception. See Cringle v. Maywood Board of Education 164 N.J. Super. 595,397 A.2d 400 (Law Div. 1979). It is also important to note that the closed session is limited to discussion; any action by the public body must be taken in a duly noticed public meeting. See N.J.S.A. 10:4-12b and Houman v. Pompton Lakes, 155 N.J. Super. 129,382 A.2d 413 (Law Div. 1977).
131. Compare
132. B. Any other statutory requirements for closed or open meetings
133. Compare
134. C. Court mandated opening, closing
Yours sincerely, Rory

Rory Moore

Dear Ceci Tramontana, I am still waiting for a response.

Yours sincerely, Rory

Rory Moore

Ceci Tramontana, Nutley Township

2 Attachments

Dear 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 October 13, 2020 during regular office
hours. The request sought records pertaining to the Township’s “adversity
committee”. On October 15, 2020, the Township requested clarification of
the request as the Township does not have an “adversity committee”. On
October 16, 2020, you responded that the records sought pertained to the
“diversity committee” and made several other irrelevant demands and
threats, all of which have been forwarded to the Township’s legal counsel.
Below is a summary of your lawful requests and the Township’s response to
each:  

 

 1. “The Zoom link”. Pursuant to the New Jersey Open Public Meetings Act,
N.J.S.A. 10:4-6, et seq. (“OPMA”), a “public body” is defined as “a
commission, authority, board, council, committee or any other group of
two or more persons organized under the laws of this State, and
collectively empowered as a voting body to perform a public
governmental function affecting the rights, duties, obligations,
privileges, benefits, or other legal relations of any person, or
collectively authorized to spend public funds including the
Legislature”. N.J.S.A. 10:4-8(a). The diversity committee is a
sub-committee of the Township Board of Commissioners which acts solely
in an advisory capacity and is not empowered as a voting body to
perform a public government function. OPMA does not require the
diversity sub-committee to hold public meetings [N.J.S.A. 10:4-12],
nor does it require the diversity sub-committee to invite public
participation at any of its meetings. Therefore, the Zoom link for
diversity sub-committee meetings is not available to the public and
your request is denied.
 2. “The members of the adversity committee”. You have since clarified
that you are seeking the members of the diversity sub-committee.
Please see the attached records.
 3. “The minutes”. The diversity sub-committee does not keep minutes of
its meetings and, therefore, your request is denied.
 4. “The meeting dates”. In light of the fact that the diversity
sub-committee is not a public body, as defined in OPMA, and the fact
that it is not required to hold public meetings, as explained in
response no. 1, above, the requested meeting dates are not required to
be kept or disclosed and 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 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, 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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