We don't know whether the most recent response to this request contains information or not – if you are Joseph Johnson please sign in and let everyone know.

Use of force report forms beginning January 1 2016 through and up to and including December 31 2018.

We're waiting for Joseph Johnson to read recent responses and update the status.

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: All Use of Force Report Forms, Each Individual Form, Suspect Names Redacted if required, from year beginning January 1 2016 through and up to and including December 31 2018.

Yours faithfully,

Joseph Johnson

Ceci Tramontana, Nutley Township

1 Attachment

Mr. Johnson,

 

Due to the large volume of files, you will receive three (3) separate
emails in response to this request.

 

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 by the Township on April 16, 2020. Below is a list of each
request for access and the Township’s response to the same:

 

“All Use of Force Report Forms, Each Individual Form, Suspect Names
Redacted if required, from year beginning January 1 2016 through and up to
and including December 31 2018.” Please see attached records. Redactions
have been made to the attached records in order to protect medically
related information exempt from disclosure pursuant to Executive Order No.
26 (McGreevey 2002) and HIPAA Privacy Rule (see 45 C.F.R. 164.502(d)), and
personal identifying information exempt from disclosure pursuant to
N.J.S.A. 47:1A-1.1.

 

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 Paffv. 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

 

P Please consider the environment before printing this email.

 

References

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

Ceci Tramontana, Nutley Township

1 Attachment

Email # 2 in response to OPRA Request No. 195-20 (see below).

 

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.

 

From: Ceci Tramontana
Sent: Friday, April 24, 2020 9:49 AM
To: '[OPRA #10838 email]'
<[OPRA #10838 email]>
Cc: Eleni Pettas <[Nutley Township request email]>; Pamela Franco
<[email address]>
Subject: RE: OPRA Request No. 195-20

 

Mr. Johnson,

 

Due to the large volume of files, you will receive three (3) separate
emails in response to this request.

 

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 by the Township on April 16, 2020. Below is a list of each
request for access and the Township’s response to the same:

 

“All Use of Force Report Forms, Each Individual Form, Suspect Names
Redacted if required, from year beginning January 1 2016 through and up to
and including December 31 2018.” Please see attached records. Redactions
have been made to the attached records in order to protect medically
related information exempt from disclosure pursuant to Executive Order No.
26 (McGreevey 2002) and HIPAA Privacy Rule (see 45 C.F.R. 164.502(d)), and
personal identifying information exempt from disclosure pursuant to
N.J.S.A. 47:1A-1.1.

 

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 Paffv. 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

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[4]www.nutleynj.org

 

P Please consider the environment before printing this email.

 

References

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

Ceci Tramontana, Nutley Township

1 Attachment

Final email in response to OPRA Request No. 195-20 (see below).

 

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.

 

From: Ceci Tramontana
Sent: Friday, April 24, 2020 9:51 AM
To: '[OPRA #10838 email]'
<[OPRA #10838 email]>
Cc: Eleni Pettas <[Nutley Township request email]>; Pamela Franco
<[email address]>
Subject: RE: OPRA Request No. 195-20

 

Email # 2 in response to OPRA Request No. 195-20 (see below).

 

Ceci Tramontana

Clerk / Municipal Housing Liaison

Municipal Clerk’s Office

Township of Nutley, NJ

(973) 284-4951 x2233 Office

(973) 284-5668 Fax

[2]www.nutleynj.org

 

P Please consider the environment before printing this email.

 

From: Ceci Tramontana
Sent: Friday, April 24, 2020 9:49 AM
To: '[OPRA #10838 email]'
<[3][OPRA #10838 email]>
Cc: Eleni Pettas <[4][Nutley Township request email]>; Pamela Franco
<[5][email address]>
Subject: RE: OPRA Request No. 195-20

 

Mr. Johnson,

 

Due to the large volume of files, you will receive three (3) separate
emails in response to this request.

 

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 by the Township on April 16, 2020. Below is a list of each
request for access and the Township’s response to the same:

 

“All Use of Force Report Forms, Each Individual Form, Suspect Names
Redacted if required, from year beginning January 1 2016 through and up to
and including December 31 2018.” Please see attached records. Redactions
have been made to the attached records in order to protect medically
related information exempt from disclosure pursuant to Executive Order No.
26 (McGreevey 2002) and HIPAA Privacy Rule (see 45 C.F.R. 164.502(d)), and
personal identifying information exempt from disclosure pursuant to
N.J.S.A. 47:1A-1.1.

 

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 Paffv. 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 [6][email address], or on
its website at [7]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

[8]www.nutleynj.org

 

P Please consider the environment before printing this email.

 

References

Visible links
1. http://www.nutleynj.org/
2. http://www.nutleynj.org/
3. mailto:[OPRA #10838 email]
4. mailto:[Nutley Township request email]
5. mailto:[email address]
6. mailto:[email address]
7. http://www.state.nj.us/grc
8. http://www.nutleynj.org/

We don't know whether the most recent response to this request contains information or not – if you are Joseph Johnson please sign in and let everyone know.