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 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 no contact ORDER between Elli Pettas and Rory Moore. Complaints have been filed. I still have my rights to file an OPRA request.

OPRA machine has determined Pettas has full control over the receiver email address. Pettas has to change the recipient email. I have no dominion, control, or ability to change the recipient's email address.

I seek the documents for the past ten years for the certification from the Nutley Volunteer Firefighters to the Township for LOSAP funds to be distributed. The following elements regulate the LOSAP award process: A. 40A:14-184 d

Every year, emergency service organizations participating in a LOSAP must certify to the
sponsoring agency an annual list of all volunteer members who have qualified for credit under the LOSAP program for the previous year.

This is subject to the 7-day rule.

Yours faithfully,

Rory Moore

Dear Nutley Township, I will file mediation on 5/24/2021

Yours faithfully, Rory

Rory Moore

Dear Nutley Township, this is covered by the annual audit. How much longer? I will file for mediation and I will file a complaint with DCA against your RMC.

Please pass this on to the person who conducts Open Public Records Act reviews.

I am writing to request an internal review of Nutley Township's handling of my OPRA request 'LOSAP certification(s)'.

A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/losap_ce...

Yours faithfully,

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 May 7, 2021 during regular office hours. Below
is a list of each request for access and the Township’s response to the
same:

 

"I seek the documents for the past ten years for the certification from
the Nutley Volunteer Firefighters to the Township for LOSAP funds to be
distributed. The following elements regulate the LOSAP award process:  A.
40A:14-184 d. Every year, emergency service organizations participating in
a LOSAP must certify to the sponsoring agency an annual list of all
volunteer members who have qualified for credit under the LOSAP program
for the previous year." Please see attached records. Personal identifying
numbers have been redacted pursuant to N.J.S.A. 47:1A-5.

 

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.

 

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/