Dear Nutley Township,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested: I seek a list of all the classes and educational events the Town Clerk attend from the inception of her career at Nutley?

Yours faithfully,

Rory Moore

Eleni Pettas, Nutley Township

3 Attachments

Mr. Moore,

 

This e-mail shall serve as the Township’s response to your request for
access to government records under the Open Public Records Act, N.J.S.A.
47:1A-1.1, et seq. (“OPRA”), which was received by this office on
September 19, 2018 and in which you requested access to the following.

 

“I seek a list of all the classes and educational events the Town Clerk
attended from the inception of her career at Nutley?”  The requested
document is not a record that has been made, maintained or kept on file in
the course of official Township business and, therefore, is not a
government record as defined in OPRA.  See N.J.S.A. 47:1A-1.1.  Moreover,
to the extent that any such record was made, maintained or kept on file in
the course of official Township business, it would be classified as a
personnel record which is exempt from disclosure.  See N.J.S.A. 47:1A-10;
Kovalcik v. Somerset County Prosecutor’s Office, 206 N.J. 581 (2011). 

 

Notwithstanding the foregoing, OPRA does require the disclosure of “data
contained in information which disclose conformity with specific
experiential, educational or medical qualifications required for
government employment”.  N.J.S.A. 47:1A-10.  Accordingly, attached are
records of classes taken by the Municipal Clerk in order to maintain her
current Registered Municipal Clerk license, which is a requirement of her
government employment.

 

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 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 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.

 

Thank you,

 

Eleni Pettas

 

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Eleni Pettas, RMC

Municipal Clerk

 

Department of Revenue and Finance

One Kennedy Drive

Nutley, New Jersey 07110

 

[3][Nutley Township request email]

(973) 284-4955 Office | (973) 284-0640 Fax

 

[4]www.nutleynj.org

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