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:

I seek a copy of the 2021 Budget resolution according to New Jersey State Law.

Yours faithfully, Rory

Rory Moore

Ceci Tramontana, Nutley Township

2 Attachments

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 May 5, 2021 during regular office hours.
 Below is a list of each request for access and the Township’s response to
the same:

 

"I seek a copy of the 2021 Budget resolution according to New Jersey State
Law." Please see attached record responsive to this request. This document
is publicly available on the Township website at the following link (page
3, sheet 2 of the 2021 Introduced Municipal Budget):
[1]https://www.nutleynj.org/media/Budget%20...

 

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 [2][email address], or on
its website at [3]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

[4]www.nutleynj.org

 

References

Visible links
1. https://www.nutleynj.org/media/Budget%20...
2. mailto:[email address]
3. http://www.state.nj.us/grc
4. http://www.nutleynj.org/

Steffanie Morales,

1 Attachment

Good afternoon,

 

I am in receipt of your OPRA request dated May 14, 2021 (our file no.
21-395).  and have attached the responsive documentation.

 

If your request for access to a government record has been denied or
unfilled as required by law, you have a right to challenge the denial of
access.  At you option, you may either institute a proceeding in the
Superior Court of New Jersey or file a complaint with the Government
Records Council (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
PO Box 819, Trenton, NJ, 08625, by email at [1][email address], or at
their 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.

 

 

Regards,

 

Steffanie Morales

 

Town of Morristown

Office of the Town Clerk

200 South Street,

P.O. Box 914

Morristown, New Jersey 07963-0914

 

 

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc