Nutley Membership befits
Rory Moore made this OPRA request to New Jersey State League of Municipalities
This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear New Jersey State League of Municipalities,
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 in order 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)).
The Township of Nutley pays an annual dues to the league of Municipalities. I seek any and all documents for the benefits the Townships receives for the fees paid? The citizens of Nutley want to know what we are paying for and the benefits the taxpayers receive in return?
Yours faithfully, Rory
Rory Moore
Dear Mr. Moore,
Please allow this email to serve as confirmation and response to your request for records made to the New Jersey State League of Municipalities, under the Open Public Records Act. Your request, dated March 13, 2021, asks for "... any and all documents for the benefits the Townships receives for the fees paid[.]"
Please be advised that your request seeks information or asks questions and does not identify specific government records. As such, your request is an invalid OPRA request and is denied.
When a request is “complex” because it fails to specifically identify the documents sought, then that request is not “encompassed” by OPRA. See New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J.Super. 166, 180 (App. Div. 2007). A proper request under OPRA must identify with reasonable clarity those documents that are desired, and a party cannot satisfy this requirement by simply requesting all of an agency's documents. See Bent v. Stafford Police Department, 381 N.J.Super. 30, 37 (App. Div. 2005). Custodians are not required to conduct research or create new records in response to an OPRA request, only to provide copies of existing, identifiable, records.
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the NJ League of Municipalities to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (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 [email address], or at their web site at 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.
Although your request is outside the scope of the OPRA, I have, as a courtesy, attached to this response a copy of the League's "Member Benefits & Services" pamphlet, which provides a general overview of what the League provides for our members.
If you have any questions please do not hesitate to contact me.
Yours truly,
Frank Marshall
See the League COVID-19 page for all our resources and communications.
Frank Marshall, Esq. | Associate General Counsel
New Jersey State League of Municipalities
222 West State Street, Trenton, NJ 08608
609-695-3481 x. 137
NJLM is subject to the Open Public Records Act; any email sent or received may be subject to a records request.