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, once again, all Open lawsuits and all lawsuits closed within 12 months. I see the citations only. This is the second request that was always answered.
Yours faithfully, Rory 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 via the website opramachine.com on September 23, 2019 at 4:58 PM and
was received on September 24, 2019 during the Township’s regular business
hours. Below are the Township’s responses to each said request.
“I seek, once again, all open lawsuits and all lawsuits closed within 12
months. I see the citations only.” Under OPRA, agencies are required to
disclose only “identifiable” governmental records not otherwise exempt;
wholesale requests for general information, to be analyzed, collated, and
compiled by the responding government entity, are not encompassed by
OPRA. See MAG Entertainment, LLC v. Division of Alcoholic Beverage
Control, 375 N.J. Super. 534, 549 (App. Div. 2005). “[T]he custodian is
obligated to search her files to find the identifiable government records
listed in the [OPRA request] . . . However, the Custodian is not required
to research her files to figure out which records, if any, might be
responsive”. Donato v. Twp. of Union, GRC Complaint No. 2005–182 (Jan.
31, 2007). Moreover, OPRA does not require Custodians to create documents
in response to requests. See Gill v. Salem County, GRC Complaint No.
2005-185 (Feb. 17, 2006). Your request for “all open lawsuits and all
lawsuits closed within 12 months” would require both significant research
that the Custodian is not legally obligated to perform and the creation of
a document that the Custodian is not legally obligated to compile.
Accordingly, your 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 [email address], or on its website 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.
Clerk / Municipal Housing Liaison
Municipal Clerk’s Office
Township of Nutley, NJ
(973) 284-4951 x2233 Office
(973) 284-5668 Fax
P Please consider the environment before printing this email.
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 'Open law suits by citation'.
[ The State of New Jersey allows, by citation, to publish the lawsuit by citation. No addition request was requested. I seek the citation only. ]
A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/open_law...