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 documents for the following resolutions om the July 9th Board of Commissioners Meeting. What is a various departments? What are temporary appropriations? I seek all related documents.

No. 147-20 / Authorize Emergency Temporary Appropriations in the 2020 Budget / Various Departments / Total General Appropriations: $ 11,124,500.00

No. 148-20 / Authorize Emergency Temporary Appropriations in the 2020 Water Utility Budget / Total Water Utility Appropriations: $ 1,122,646.88

No. 149-20 / Authorize Emergency Temporary Appropriations in the 2020 Budget / Debt Service / Total Current Debt Service: $ 509,050.00 / Total Water Debt Service: $ 77,312.00

Yours faithfully, Rory

Ceci Tramontana, Nutley Township

1 Attachment

Dear 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 to the Township on July 9, 2020 at 7:49 PM EDT and was received by
the Township on July 10, 2020 during normal business hours. Below is a
list of each request for access and the Township’s response to the same:

 

“Records requested:  I request all documents for the following resolutions
om the July 9th Board of Commissioners Meeting.  What is a various
departments?  What are temporary appropriations?   I seek all related
documents.
No. 147-20 / Authorize Emergency Temporary Appropriations in the 2020
Budget / Various Departments / Total General Appropriations: $
11,124,500.00
No. 148-20 / Authorize Emergency Temporary Appropriations in the 2020
Water Utility Budget / Total Water Utility Appropriations: $ 1,122,646.88
No. 149-20 / Authorize Emergency Temporary Appropriations in the 2020
Budget / Debt Service / Total Current Debt Service: $ 509,050.00 / Total
Water Debt Service: $ 77,312.00”

 

Please be advised that the requested documents can be found on the
Township website at the following link:
[1]https://www.nutleynj.org/media/Meetings%...

 

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 [2][email address], or on its website
at [3]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

[4]www.nutleynj.org

 

References

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