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 the names of the members, their terms, and the meeting schedule for the committee.

40A:9-22.19 Municipal ethics board; members; terms; compensation
a. Each municipality of the State may, by ordinance, establish a municipal ethics board
consisting of six members who are residents of the municipality, at least two of whom shall be
public members. The members of the ethics board shall be appointed by the governing body of
the municipality. The members shall be chosen by virtue of their known and consistent
reputation for integrity and their knowledge of local government affairs. No more than three
members of the ethics board shall be of the same political party.
b. The members of the municipal ethics board shall annually elect a chairman from among the
membership.
c. The members shall serve for a term of five years; except that of the members initially
appointed, two of the public members shall be appointed to serve for a term of five years, one
member shall be appointed to serve for a term of four years, and the remaining members shall be
appointed to serve for a term of three years. Each member shall serve until his successor has
been appointed and qualified. Any vacancy occurring in the membership of the ethics board
shall be filled in the same manner as the original appointment for the unexpired term.
d. Members of the ethics board shall serve without compensation but shall be reimbursed by the
municipality for necessary expenses incurred in the performance of their duties under this act.
L. 1991, c. 29, §19.

Yours faithfully,

Rory Moore

Ceci Tramontana, Nutley Township

1 Attachment

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 11, 2021 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

 

"I seek the names of the members, their terms, and the meeting schedule
for the committee.

40A:9-22.19 Municipal ethics board; members; terms; compensation a.
Each municipality of the State may, by ordinance, establish a municipal
ethics board consisting of six members who are residents of the
municipality, at least two of whom shall be public members. The members of
the ethics board shall be appointed by the governing body of the
municipality. The members shall be chosen by virtue of their known and
consistent reputation for integrity and their knowledge of local
government affairs. No more than three members of the ethics board shall
be of the same political party.

b. The members of the municipal ethics board shall annually elect a
chairman from among the membership.

c. The members shall serve for a term of five years; except that of the
members initially appointed, two of the public members shall be appointed
to serve for a term of five years, one member shall be appointed to serve
for a term of four years, and the remaining members shall be appointed to
serve for a term of three years. Each member shall serve until his
successor has been appointed and qualified. Any vacancy occurring in the
membership of the ethics board shall be filled in the same manner as the
original appointment for the unexpired term.

d. Members of the ethics board shall serve without compensation but shall
be reimbursed by the municipality for necessary expenses incurred in the
performance of their duties under this act. L. 1991, c. 29, ˜19.

 

Please be advised that the Township of Nutley does not have a Municipal
Ethics Board. Therefore, no records exist pursuant to this request.

 

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 [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

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

Dear Ceci Tramontana, I am still waiting.

Yours sincerely, Rory

Rory Moore

Ceci Tramontana, Nutley Township

Mr. Moore,

We responded to this request on June 16, 2021 at 10:54 AM. Please scroll down in order to read the response.

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
www.nutleynj.org

show quoted sections

Dear Ceci Tramontana, I still do not have the names.

Yours sincerely, Rory

Rory Moore