Reports for all the investigations into multi-family in 2018

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:
Reports for all the investigations done by hired, volunteered and/or township employee investigators into all multi-family properties executed in 2018, given to the Nutley township zoning department.

Yours faithfully,

Tammy Rossi

Eleni Pettas, Nutley Township

2 Attachments

Ms. Rossi,

 

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 via e-mail dated November 30, 2018.  Below are the Township’s
responses to each said request. 

 

 1. “Reports for all the investigations done by hired, volunteered and/or
township employee investigators into all multi-family properties
executed in 2018, given to the Nutley township zoning department”. 
The records requested pertain to civil enforcement investigations
which are exempt from OPRA’s definition of a “government record”.  See
N.J.S.A. 47:1A-1.1.  Such reports are not required by law to be made
and clearly relate to the Township Zoning Department’s enforcement
activities.  Accordingly, they are exempt from production.  See Paff
v. Ocean County Prosecutor’s Office, 466 N.J. Super. 163 (App. Div.
2016).  Moreover, this request seeks records which are exempt from
disclosure under OPRA as “inter-agency or intra-agency advisory,
consultative, or deliberative material”.  N.J.S.A. 47:1A-1.1.  Under
the doctrine of “deliberative process privilege,” the Township may
withhold documents that include advisory opinions, recommendations,
and deliberations comprising part of a process by which its decisions
and policies are formulated.  See Larkins v. Solter, 450 N.J. Super.
519 (App. Div. 2017).  The requested records are currently in use, and
can be used in the future, in the Township’s decision-making process
regarding multi-family units and, as such, said records fall squarely
within this exemption.  See Libertarians for Transparent Government v.
Government Records Council, 453 N.J. Super. 83 (App. Div. 2018). 

 

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 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
[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.

 

 

Thank you,

 

Eleni Pettas

 

 

 

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Eleni Pettas, RMC

Municipal Clerk

 

Department of Revenue and Finance

One Kennedy Drive

Nutley, New Jersey 07110

 

[3][Nutley Township request email]

(973) 284-4955 Office | (973) 284-0640 Fax

 

[4]www.nutleynj.org

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Dear Eleni Pettas,
This is being addressed.

Yours sincerely,

Tammy Rossi