BWC for accident

There was a delivery error or similar, which needs fixing by the OPRAmachine team.

PassaicResident

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:

From the accident documented in NJ Police Crash Invesigation Report 22-40000 on Franklin Ave in Nutley on 5 July 2022 4:14pm:
1. Snapshots from the officer BWC that serve visually to document best the damage to the GMC Terrain vehicle;
2. An audiofile or transcript of each respective principal's testimony regarding the accident (at the top of the footage).

Anything subsequent or unrelated to the above in the BWC footage is not necessary, and I am requesting only the substantive information; no personally identifying info (PII) -- audio, video, or text -- need be provided and may be freely redacted as the reviewers see fit.

Yours faithfully,

PassaicResident

PassaicResident

Dear Nutley Township,
To be clear re No.1 above:

The damage to the GMC Terrain was to its right side -- i.e., passenger side -- and was to the doors area -- i.e., between the wheels and beneath the windows. You should see a bump at the front passenger door with a long scratch extending from it toward the rear wheel.

Yours faithfully,

PassaicResident

Eleni Pettas, Nutley Township

1 Attachment

I am currently out of the office, if you need immediate assistance please contact Ceci Tramontana at 973 284-4951 x2233 [email address]

OPRA REQUESTS:
Please forward all OPRA Requests to [Nutley Township request email]

Thank you,

Eleni Pettas

OPRA, Nutley Township

1 Attachment

Passaic Resident,

 

The Municipal Clerk’s Office is in receipt of your OPRA Request No. 457-22
(attached). Please be advised that additional time will be required in
order to retrieve, review and prepare the requested records for
production. We will require an extension through August 11, 2022 in order
to complete your request.

 

Thank you,

 

Ceci Tramontana

Deputy Clerk

 

Office of the Municipal Clerk

Township of Nutley, NJ

(973) 284-4955 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

 

References

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

OPRA, Nutley Township

1 Attachment

Passaic Resident,

 

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 July 21, 2022 during regular office hours. The
Township sent you an extension notice via email on July 29, 2022. Below is
a list of each request for access and the Township’s response to the same:

 

"From the accident documented in NJ Police Crash Invesigation Report
22-40000 on Franklin Ave in Nutley on 5 July 2022 4:14pm:

1. Snapshots from the officer BWC that serve visually to document best the
damage to the GMC Terrain vehicle; 2. An audiofile or transcript of each
respective principal's testimony regarding the accident (at the top of the
footage).

Anything subsequent or unrelated to the above in the BWC footage is not
necessary, and I am requesting only the substantive information; no
personally identifying info (PII) -- audio, video, or text -- need be
provided and may be freely redacted as the reviewers see fit."

 

Please follow the link below in order to access the records responsive to
this request. Redactions have been made in order to protect victim
information and criminal investigatory records pursuant to N.J.S.A.
47:1A-1.1 and personal identifying numbers pursuant to N.J.S.A. 47:1A-5.

 

[1]​Folder icon [2]RR # 457-22

 

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 [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

Deputy Clerk

 

Office of the Municipal Clerk

Township of Nutley, NJ

(973) 284-4955 Office

(973) 284-5668 Fax

[5]www.nutleynj.org

 

References

Visible links
1. https://nutleynj-my.sharepoint.com/:f:/g...
2. https://nutleynj-my.sharepoint.com/:f:/g...
3. mailto:[email address]
4. http://www.state.nj.us/grc
5. http://www.nutleynj.org/