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:

1- Any and all EXISTING memorandum of understandings between Nutley Volunteer Emergency and Rescue Squad and the Township of Nutley

Yours faithfully,

Todd Packer

Eleni Pettas, Nutley Township

I am currently out of the office, if you need immediate assistance please
contact Ceci Tramontana at 973 284-4951 x2233 [email address]

 

OPRA REQUESTS:
Please forward all OPRA Requests to Ceci Tramontana at
[email address] during this time period.
 
Thank you,

Eleni

 

Ceci Tramontana, Nutley Township

1 Attachment

Mr. Packer,

 

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 7, 2020. Below is a list of
each request for access and the Township’s response to the same:

“Any and all EXISTING memorandum of understandings between Nutley
Volunteer Emergency and Rescue Squad and the Township of Nutley”. Please
see attached 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,

 

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

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/