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 request all town records related to the construction of a new traffic signal at the intersection of Franklin Avenue and Church Street/Booth Drive, Nutley. This project was funded "as part of a $26.4 million federal grant from the North Jersey Transportation Planning Authority." As reported in local newpaers in November 2020. Please provide all related records including but not limited to project status, township meeting minutes/notes/letters/emails, status of funding and budget, bids or awarded contracts, project timeline , proposed or approved architectural drawing/design of intersection with new signals.

Yours faithfully,

Mike Corris

Ceci Tramontana, Nutley Township

3 Attachments

Mr. Corris,

 

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 June 23, 2022 during regular office hours.
Below is a list of each request for access and the Township’s response to
the same:

 

"I request all town records related to the construction of a new traffic
signal at the intersection of Franklin Avenue and Church Street/Booth
Drive, Nutley. This project was funded ‘as part of a $26.4 million federal
grant from the North Jersey Transportation Planning Authority.’ As
reported in local newpaers [sic] in November 2020. Please provide all
related records including but not limited to project status, township
meeting minutes/notes/letters/emails, status of funding and budget, bids
or awarded contracts, project timeline, proposed or approved architectural
drawing/design of intersection with new signals." Please see attached
records responsive to this request.

 

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
Office: 973-284-4955 | Direct: 973-284-4951 x2233
Fax: 973-284-5668
1 Kennedy Drive
Nutley, New Jersey 07110
[3]www.nutleynj.org

 

 

References

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