New Nutley Public Affairs director creates a Cultural Inclusion and Diversity Council

The request was refused by Nutley Township.

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 seek the zoom link for the next meeting. I emailed the commissioner twice and I have not received any answers. Rory

Yours faithfully, Rory

Rory Moore

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

 

Dear Nutley Township,

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 'New Nutley Public Affairs director creates a Cultural Inclusion and Diversity Council'.

New Nutley Public Affairs director creates a Cultural Inclusion and Diversity Council

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

Yours faithfully,

Rory Moore

Ceci Tramontana, Nutley Township

1 Attachment

Mr. Moore,

 

The Office of the Municipal Clerk is in receipt of your OPRA Request No.
362-20 (see attached). You have requested the following:

 

“Records requested:  I seek the zoom link for the next meeting.  I emailed
the commissioner twice and I have not received any answers.”

 

Please clarify which public body or committee you are seeking Zoom
information for.

 

Thank you,

 

Ceci Tramontana, RMC

Deputy Municipal Clerk

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

 

References

Visible links
1. http://www.nutleynj.org/

Dear Ceci Tramontana, Please provide the link, time and date?

Yours sincerely, Rory

Rory Moore

Ceci Tramontana, Nutley Township

Mr. Moore,

Per our telephone conversation yesterday, please re-write the request specifying the public body or committee for which you need zoom information.

Thank you,

Ceci Tramontana, RMC
Deputy Municipal Clerk
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
www.nutleynj.org

show quoted sections

Dear Ceci Tramontana, Lets try this very, very slowly, here we go. At the kast BOC meeting, John Kelly stated, he appointed all of the members of the diversity and inclusion committee. They will have the first public meeting, in August, via zoom. No date was given by the commissioner. I seek the zoom link for the public right to attend a meeting via zoom.

That appears, at least to me straight forward. Last night John Kelly responded in an email the public was not allowed. I will send this to mediation. Th link please.

Yours sincerely, Rory

Rory Moore

Ceci Tramontana, Nutley Township

1 Attachment

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 on July 17, 2020 at 8:25 PM and received by the Township on July 20,
2020 during normal business hours. Below is a list of each request for
access and the Township’s response to the same:

 

“I seek the zoom link for the next meeting”. The OPRA request did not
specify for which meeting the Zoom link was requested, nor did it identify
which body or board of the Township was meeting. On July 20, 2020, the
Custodian requested clarification to which you responded, in part, “[l]ets
try this very, very slowly,  here we go.  At the kast [sic] BOC meeting,
John Kelly stated, he appointed all of the members of the diversity and
inclusion committee. They will have the first public meeting, in August,
via zoom. No date was given by the commissioner. I seek the zoom link for
the public right to attend a meeting via zoom”.

 

Pursuant to the Open Public Meetings Act (Sunshine Law), N.J.S.A.
10:4-9(a) (“OPMA”) , no public body shall hold a meeting unless adequate
notice thereof has been provided to the public. OPMA defines a “public
body" as “a commission, authority, board, council, committee or any other
group of two or more persons organized under the laws of this State, and
collectively empowered as a voting body to perform a public governmental
function affecting the rights, duties, obligations, privileges, benefits,
or other legal relations of any person, or collectively authorized to
spend public funds including the Legislature”. N.J.S.A. 10:4-8(a). The
diversity and inclusion subcommittee is not a governing body, board or
official committee organized under the laws of the State or the Township
of Nutley.  Rather, it is an ad hoc subcommittee that serves in an
advisory capacity at the pleasure of the Board of Commissioners. The
subcommittee is neither a voting body, as defined in the statute, nor is
it empowered to “perform a public governmental function affecting the
rights, duties, obligations, privileges, benefits, or other legal
relations of any person, or collectively authorized to spend public funds
including the Legislature”.  Therefore, the subcommittee does not meet the
definition of a “public body” under OPMA, its meetings, if any, are not
open to the public, and no public notice of such meetings is required.
Lacking any requirement to provide public notice of the subcommittee’s
meetings, Zoom virtual meeting information for such meetings does not
exist.  Accordingly, your OPRA 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 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/

Dear Ceci Tramontana,

Ceci, I will submit for mediation. Do not waist your time. Rpry
Yours sincerely,

Rory Moore

Nutley Township

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