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:

1–All correspondence,email, text messages from township owned cell phone from Paul Cafone, Deputy Fire Chief -Nutley Fire pertaining to the Nutley Rescue Squad since January 1,2020

2–All correspondence,email, text messages from township owned cell phone from Alphonse Petracco, Director Public Safety pertaining to the Nutley Rescue Squad since January 1,2020

Yours faithfully,

Todd Packer

Ceci Tramontana, Nutley Township

1 Attachment

Todd Packer,

 

The Municipal Clerk’s Office is in receipt of the attached OPRA request,
which was submitted via email on July 10, 2020. Please be advised that
additional time will be required in order to retrieve, review and prepare
the requested documents for production. We will require an extension
through August 3, 2020.

 

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

[1]www.nutleynj.org

 

P Please consider the environment before printing this email.

 

References

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

Ceci Tramontana, Nutley Township

1 Attachment

Mr. Packer,

 

Please be advised that additional time will be required in order to
complete OPRA Request No. 344-20. We are working on your request and will
forward the records to you via email as soon as possible.

 

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

[1]www.nutleynj.org

 

From: Ceci Tramontana
Sent: Tuesday, July 14, 2020 1:35 PM
To: '[OPRA #14968 email]'
<[OPRA #14968 email]>
Cc: Eleni Pettas <[Nutley Township request email]>
Subject: OPRA Request No. 344-20

 

Todd Packer,

 

The Municipal Clerk’s Office is in receipt of the attached OPRA request,
which was submitted via email on July 10, 2020. Please be advised that
additional time will be required in order to retrieve, review and prepare
the requested documents for production. We will require an extension
through August 3, 2020.

 

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

[2]www.nutleynj.org

 

P Please consider the environment before printing this email.

 

References

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

Dear Ceci Tramontana,

Your consistence in updating me on my request is much appreciated thank you!

Yours sincerely,

Todd Packer

Ceci Tramontana, Nutley Township

4 Attachments

Mr. Packer,

 

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 via email on July 10, 2020. The Township sent you
extension notices via email on July 14 and August 3, 2020. Below is a list
of each request for access and the Township’s response to the same:

 

"1–All correspondence, email, text messages from township owned cell phone
from Paul Cafone, Deputy Fire Chief -Nutley Fire pertaining to the Nutley
Rescue Squad since January 1,2020

2–All correspondence, email, text messages from township owned cell phone
from Alphonse Petracco, Director Public Safety pertaining to the Nutley
Rescue Squad since January 1,2020"

 

Please see attached email records (203 pages in total). Pursuant to
N.J.S.A. 47:1A-1.1, redactions have been made to said records in order to
protect from disclosure the following exempt information: inter-agency or
intra-agency advisory, consultative or deliberative material; records or
information within the attorney-client privilege; and personal identifying
information. Regarding your request for text messages, please be advised
that no responsive records were located.

 

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, 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

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