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 all checks issued to Charles Kazinski of Nutley. I seek all documents of the checks and all documents related to the checks.

Yours faithfully, Rory

Ceci Tramontana, Nutley Township

1 Attachment

Mr. Moore,

 

The Municipal Clerk’s Office is in receipt of your OPRA Request No.
592-19. In order to fulfill this request, we will need clarification on
the time frame for the records in question.

 

Please provide the requested clarification as soon as possible so that we
can finish processing your request.

 

Thank you,

 

Ceci Tramontana

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

 

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Dear Ceci Tramontana, I seek any checks, funds or any type of financial transfer from the Township of Nutley to Charles Krasinski in the past year.

Yours sincerely, Rory

Rory Moore

Ceci Tramontana, Nutley Township

3 Attachments

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 November 15, 2019.  Below are the Township’s
responses to each said request.

 

“I seek all checks issued to Charles Kazinski of Nutley.  I seek all
documents of the checks and all documents related to the checks”. 
Regarding the checks requested, please see the attached documents. 
Redactions have been made pursuant to N.J.S.A. 47:1A-5(a) to protect bank
account numbers.

 

Regarding documents related to the checks, a search of Township records
revealed two (2) purchase orders dated July 1, 2019 and December 6, 2018. 
Said purchase orders contain information which is protected from public
disclosure pursuant to the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) and the associated Privacy Rule.  See also, N.J.S.A.
47:1A-1 (“all government records shall be subject to public access unless
exempt from such access by: P.L.1963, c.73 (C.47:1A-1 et seq.) as amended
and supplemented; any other statute; resolution of either or both houses
of the Legislature; regulation promulgated under the authority of any
statute or Executive Order of the Governor; Executive Order of the
Governor; Rules of Court; any federal law, federal regulation, or federal
order”).  Accordingly, your request for documents related to the checks 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

 

 

Ceci Tramontana

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[3]www.nutleynj.org

 

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References

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3. http://www.nutleynj.org/