Police Chief email

Response to this request is long overdue. By law, under all circumstances, Nutley Township should have responded by now (details). You can complain by requesting an internal review.

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:

Copies of e-mail logs for the Township of Nutley police chief from January 1, 218 to March 20, 2020. Please include sender, recipient, date and subject only.

Please see the Paff v. Township of Galloway Supreme Court decision from 2017, which held this is a valid request.

Yours faithfully,

Rory Moore

Ceci Tramontana, Nutley Township

1 Attachment

Mr. Moore,

 

The Municipal Clerk’s Office is in receipt of your OPRA Request No. 166-20
(attached). Due to its extensive nature, please be advised that additional
time will be required in order to process your request.

 

We thank you in advance for your patience while your request is processed.

 

Sincerely,

 

Ceci Tramontana

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

 

P Please consider the environment before printing this email.

 

References

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

Ceci Tramontana, Nutley Township

1 Attachment

Mr. Moore,

 

This correspondence shall serve as Nutley Township’s (the “Township”) 
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 electronic mail (e-mail) on Saturday, March 21, 2020 at 10:27 PM
and received by the Township on Monday, March 23, 2020 during regular
business hours. Below are the Township’s responses to each said request.

 

“Copies of e-mail logs for the Township of Nutley police chief from
January 1, 2018 to March 20, 2020.  Please include sender, recipient, date
and subject only.”  A review of Township files has revealed 1,253 pages of
responsive records.  Each of these records must be reviewed and redacted
to protect privileged and confidential information that is exempt from
production under OPRA and the common law right of access.  See Burnett v.
County of Bergen, 198 N.J. 408 (2009).  Given the voluminous number of
responsive records, the review and redaction process will take an
extensive amount of time, which is currently estimated at over twenty (20)
hours at a rate of one (1) minute per page.  Such an extensive review and
redaction will cause a substantial disruption in agency operations and
warrants the imposition of a special service charge.  See Mason v. City of
Hoboken, 196 N.J. 51, 66 (2008) (“If a request involves an extraordinary
expenditure of time and effort to accommodate, the agency may charge a
special, reasonable service charge”).  Because the responsive records
contain information pertaining to personnel, investigatory, public safety
and internal affairs matters, pursuant to current law and Attorney General
Guidelines only the Chief of Police is authorized to conduct the review. 
Accordingly, the special service charge is calculated as follows:

 

Estimated time to complete: 20 Hours x Police Chief hourly straight-time
rate $97.79 = $1,955.80

 

The special service charge is in addition to any other or further charges
that may be levied in connection with this OPRA request.  Pursuant to
N.J.S.A. 47:1A-5(c), The requestor “shall have the opportunity to review
and object to the charge prior to it being incurred”.  Accordingly, please
respond to this e-mail and indicate whether you will accept or reject the
$1,955.80 special service charge.  If you reject the special service
charge, or if you fail to respond within seven (7) days from the date of
this e-mail, this OPRA request will be closed without further notice.  If
you accept the special service charge, the full amount of the special
service charge must be paid to the Township before any review or redaction
of the responsive records will commence.  Please note that pursuant to
N.J.S.A. 47:1A-5(i), as amended by P.L. 2020, c. 10, the Township’s
deadlines with respect to OPRA requests have been relaxed due to the
current public health emergency. 

 

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

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[3]www.nutleynj.org

 

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References

Visible links
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2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/

Dear Ceci Tramontana,
Dear Anonymous,
Enclosed, please find the requested email logs for Prosecutor Billhimer. Please be advised that there is no Prosecutor Ryan at this agency.
Sincerely,
Shiraz Deen
Ocean County Prosecutor's Office
Assistant Prosecutor - Appellate Division
Phone: 732-929-2027 Ext. 3623
Email: [Ocean County Prosecutor's Office request email]

Sorry, the OPRA will be mediated. The request is valid. Rory

Yours sincerely,

Rory Moore