I seek the plans for Ordnance 3420.

Response to this request is long overdue. By law, under all circumstances, Nutley Township should have responded by now (details). You can complain by requesting an internal review.

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. I seek a complete copy of the actual plans for the said ordinance. Alan Genentempo stated, publicly, the plans are available.
Records requested:

Yours faithfully,

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
sent via electronic mail (e-mail) on May 12, 2019 at 8:27 PM, and received
by this office on May 13, 2019 during the Township’s regular business
hours.  Below are the Township’s responses to each said request.

 

1.     “I seek a complete copy of the actual plans for the said ordinance
(Ordinance 3420).  Alan Genitempo (sic) stated, publicly, the plans are
available”.  The redevelopment plan to which you seek access, entitled
“Nutley Phase IIA Redevelopment Plan Amendment” (the “Plan”), has not been
issued in final form.  Should the Board of Commissioners proceed to
introduce Ordinance 3420, the final Plan will be issued in conjunction
with the public hearing on that Ordinance.  Because the Board of
Commissioners has not yet voted to introduce Ordinance 3420, the Plan
currently remains in draft form and, therefore, it constitutes 
inter-agency or intra-agency advisory, consultative, or deliberative
material which is exempt from disclosure.  See N.J.S.A. 47:1A-1.1;
Parave-Fogg v. Lower Alloways Creek Twp., GRC Complaint No. 2006-51
(August 2006); Gannett N.J. Partners, L.P. v. County of Middlesex, 379
N.J. Super. 205, 219-20 (App. Div. 2005).  Moreover, the draft Plan was
prepared by Township professionals for purposes of informing and advising
the Board of Commissioners regarding policy decisions pertaining to the
subject redevelopment.  Accordingly, the draft Plan is exempt from
disclosure as it is an integral part of the Township’s decision-making
process.  See In re Liquidation of Integrity Ins. Co., 165 N.J. 75, 83
(2000).  In light of the foregoing, your request is denied.

 

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 Paffv. 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.

 

Thank you,

 

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 electronic mail (e-mail) on May 12, 2019 at 8:27 PM, and received
by this office on May 13, 2019 during the Township’s regular business
hours.  Below are the Township’s responses to each said request.

 

1.     “I seek a complete copy of the actual plans for the said ordinance
(Ordinance 3420).  Alan Genitempo (sic) stated, publicly, the plans are
available”.  The redevelopment plan to which you seek access, entitled
“Nutley Phase IIA Redevelopment Plan Amendment” (the “Plan”), has not been
issued in final form.  Should the Board of Commissioners proceed to
introduce Ordinance 3420, the final Plan will be issued in conjunction
with the public hearing on that Ordinance.  Because the Board of
Commissioners has not yet voted to introduce Ordinance 3420, the Plan
currently remains in draft form and, therefore, it constitutes 
inter-agency or intra-agency advisory, consultative, or deliberative
material which is exempt from disclosure.  See N.J.S.A. 47:1A-1.1;
Parave-Fogg v. Lower Alloways Creek Twp., GRC Complaint No. 2006-51
(August 2006); Gannett N.J. Partners, L.P. v. County of Middlesex, 379
N.J. Super. 205, 219-20 (App. Div. 2005).  Moreover, the draft Plan was
prepared by Township professionals for purposes of informing and advising
the Board of Commissioners regarding policy decisions pertaining to the
subject redevelopment.  Accordingly, the draft Plan is exempt from
disclosure as it is an integral part of the Township’s decision-making
process.  See In re Liquidation of Integrity Ins. Co., 165 N.J. 75, 83
(2000).  In light of the foregoing, your request is denied.

 

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 Paffv. 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.

 

Thank you,

 

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