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 want the start date for Elaine's niece. What is her start date, now? Will Elaine add the past time for salary? I want the start date, how much time towards the pension and is her salary, office hours, what is the medical coverage date? How many years seniority will she have now? If I do not receive the document I will file a complaint with the DEC against you RMC, again.
pension
Rory

Yours faithfully,

Rory Moore

ThomasEdison left an annotation ()

To not have your request denied you would be better off having the actual name of the employee. not Elaine's Niece.

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 
sent via e-mail on May 29, 2019 at 8:01 PM and received on May 30, 2019
during the Township’s regular business hours.  Below are the Township’s
responses to each said request. 

 

“I want the start date for Elaine’s [sic] niece.  What is her start date,
now?  Will Elaine [sic] add the past time for salary?  I want the start
date, how much time towards the pension and is her salary, office hours,
what is the medical coverage date?  How many years seniority will she have
now?  If I do not receive the document I will file a complaint with the
DEC [sic] against you RMC, again.”  It is assumed, for purposes of this
response, that your references to “Elaine” actually refer to the
undersigned, Eleni Pettas, Township Clerk.  The records that you seek are
personnel or pension records which are generally exempt from public
disclosure.  However, pursuant to N.J.S.A. 47:1A-10, the following
personnel information is considered a government record that is subject to
disclosure: “an individual's name, title, position, salary, payroll
record, length of service, date of separation and the reason therefor, and
the amount and type of any pension received”.  Id.  Accordingly, the
following information is being produced to you, again, in response to your
repeated request:

Name: Ms. Viki Watson;

Title: Clerk 1;

Position: Code Enforcement Department;

Current Salary: $46,500.00

Original Date of Hire: September 3, 2013      Rehire Date: 02/06/2019;

Original Date of Separation: December 31, 2015;

Amount of Pension: None,  Not Vested ;

Type of Pension: Public Employees Retirement System (PERS).

 

The remainder of your request seeks personnel and pension information
outside of that which is permitted to be disclosed under OPRA, and
information pertaining to an employee’s medical benefits and medical
condition which is confidential and protected by OPRA, the Health
Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 300gg,
et seq. and its accompanying Privacy Rule, and Executive Order 26.  See
Michelson v. Wyatt and City of Plainfield, 379 N.J. Super. 611 (App. Div.
2005); Fox v. Twp. of Parsippany-Troy Hills, GRC Complaint No. 2005-109
(Dec. 8, 2005). 

 

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

--------------------------------------------------------------------------------------------------------------------------------------------

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

show quoted sections

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 
sent via e-mail on May 29, 2019 at 8:01 PM and received on May 30, 2019
during the Township’s regular business hours.  Below are the Township’s
responses to each said request. 

 

“I want the start date for Elaine’s [sic] niece.  What is her start date,
now?  Will Elaine [sic] add the past time for salary?  I want the start
date, how much time towards the pension and is her salary, office hours,
what is the medical coverage date?  How many years seniority will she have
now?  If I do not receive the document I will file a complaint with the
DEC [sic] against you RMC, again.”  It is assumed, for purposes of this
response, that your references to “Elaine” actually refer to the
undersigned, Eleni Pettas, Township Clerk.  The records that you seek are
personnel or pension records which are generally exempt from public
disclosure.  However, pursuant to N.J.S.A. 47:1A-10, the following
personnel information is considered a government record that is subject to
disclosure: “an individual's name, title, position, salary, payroll
record, length of service, date of separation and the reason therefor, and
the amount and type of any pension received”.  Id.  Accordingly, the
following information is being produced to you, again, in response to your
repeated request:

Name: Ms. Viki Watson;

Title: Clerk 1;

Position: Code Enforcement Department;

Current Salary: $46,500.00

Original Date of Hire: September 3, 2013      Rehire Date: 02/06/2019;

Original Date of Separation: December 31, 2015;

Amount of Pension: None,  Not Vested ;

Type of Pension: Public Employees Retirement System (PERS).

 

The remainder of your request seeks personnel and pension information
outside of that which is permitted to be disclosed under OPRA, and
information pertaining to an employee’s medical benefits and medical
condition which is confidential and protected by OPRA, the Health
Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 300gg,
et seq. and its accompanying Privacy Rule, and Executive Order 26.  See
Michelson v. Wyatt and City of Plainfield, 379 N.J. Super. 611 (App. Div.
2005); Fox v. Twp. of Parsippany-Troy Hills, GRC Complaint No. 2005-109
(Dec. 8, 2005). 

 

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

--------------------------------------------------------------------------------------------------------------------------------------------

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

show quoted sections