Documents for Complaint #21-0085-C

Response to this request is delayed. By law, Nutley Township should normally have responded promptly and by (details)

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:

"OPRA's clear purpose . . . is 'to maximize public knowledge about public affairs in order to ensure an informed citizenry and to minimize the evils inherent in a secluded process.'" Educ. Law Ctr. v. N.J. Dep't of Educ., 198 N.J. 274, 284 (2009) (quoting Mason v. City of Hoboken, 196 N.J. 51, 64 (2008)).

This OPRA request is directed to, Ceci Tramontana, RMC, Nutley Deputy Municipal Clerk. There is a no-contact ORDER between Elli Pettas and Rory Moore. Complaints have been filed. I still have my right to file an OPRA request.

OPRA machine has determined Pettas has full control over the receiver's email address. Pettas has to change the recipient email. I have no dominion, control, or ability to change the recipient's email address. I have filed a criminal complaint against Pettas for using government resources to harass me.

I filed a complaint with the New Jersey Banking and Insurance Commission against Thomas Evans for failing Complaint #21-0085-C for a=failure to deposit funds for the LOSAP accounts for the Volunteer Firefighters. I eek a copy of all the documents. This is not a criminal complaint.

DCA has notified the Township of Nutley to correct the issue. I seek all documents for the complaint.

Yours faithfully, Rory

Rory Moore

Ceci Tramontana, 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 on April 26, 2021 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

 

"I filed a complaint with the New Jersey Banking and Insurance Commission
against Thomas Evans for failing Complaint #21-0085-C for a=failure to
deposit funds for the LOSAP accounts for the Volunteer Firefighters.  I
eek a copy of all the documents.  This is not a criminal complaint. DCA
has notified the Township of Nutley to correct the issue.  I seek all
documents for the complaint." Please see the attached records which have
been redacted to protect confidential personal identifying information
pursuant to N.J.S.A. 47:1A-5, and information which is deemed confidential
under the Attorney-Client Privilege. See N.J.S.A. 47:1A-1. 

 

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/