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 any and all meeting minutes from the Nutley Diversity committee. The committee is organized by the Nutley Board of Commissioners. The Nutley BOC has banned the citizens from observing the the proceedings, which, are conducted on zoom for the pandemic. The Governor of the State of New Jersey has, in part, an executive ORDER to have all public meeting conducted remotely. By definition, all committees, hosted in the State of New Jersey, have to provide the minutes from the meetings. I seek any and all meeting minutes.

This requested will be filed for mediation on September 3rd, 2020

Yours faithfully, Rory

Rory Moore

Eleni Pettas, Nutley Township

2 Attachments

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 via email on August 23, 2020. Below is a list of
each request for access and the Township’s response to the same:

 

“Records requested: I seek any and all meeting minutes from the Nutley
Diversity committee. The committee is organized by the Nutley Board of
Commissioners. The Nutley BOC has banned the citizens from observing the
the proceedings, which, are conducted on zoom for the pandemic. The
Governor of the State of New Jersey has, in part, an executive ORDER to
have all public meeting conducted remotely. By definition, all committees,
hosted in the State of New Jersey, have to provide the minutes from the
meetings. I seek any and all meeting minutes.”  A search of Township files
has revealed no responsive records.

 

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,

 

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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Dear Eleni Pettas, Please provide in a word format. The documents you sent will not open.

Yours sincerely,

Rory Moore