Violations East Center street

Response to this request is delayed. By law, Nutley Township should normally have responded promptly and by (details)

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: Alan Genentempo, the Nutley Town attorney and direct relative of Mayor, Alan states the Nutley Code enforcement has complete the violation on the Cafone property. I want a list of all violations and where the violations will be heard? Alan Genentempo is a licensed attorney and stated the violation has been addressed. Alan would not lie. What are the violations?

Yours faithfully,

Rory Moore

Eleni Pettas, Nutley Township

2 Attachments

Mr. 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 e-mail on May 29, 2019 at 8:05 PM and received on May 30, 2019
during the Township’s regular business hours.  Below are the Township’s
responses to each said request. 

 

“Alan Genentempo, the Nutley Town attorney and direct relative of Mayor,
Alan states the Nutley Code enforcement has complete the violation on the
Cafone property. I want a list of all violations and where the violations
will be heard? Alan Genentempo is a licensed attorney and stated the
violation has been addressed. Alan would not lie. What are the
violations?”   Mr. Cafone’s  property was inspected by the  Code
Enforcement Department  on May 30, 2019  and has found the property to be
in compliance with the original 2004 Zoning Board Resolution and therefore
there are no responsive documents for said request.

 

 

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,

 

Eleni Pettas

--------------------------------------------------------------------------------------------------------------------------------------------

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

show quoted sections

Eleni Pettas, Nutley Township

2 Attachments

Mr. 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 e-mail on May 29, 2019 at 8:05 PM and received on May 30, 2019
during the Township’s regular business hours.  Below are the Township’s
responses to each said request. 

 

“Alan Genentempo, the Nutley Town attorney and direct relative of Mayor,
Alan states the Nutley Code enforcement has complete the violation on the
Cafone property. I want a list of all violations and where the violations
will be heard? Alan Genentempo is a licensed attorney and stated the
violation has been addressed. Alan would not lie. What are the
violations?”   Mr. Cafone’s  property was inspected by the  Code
Enforcement Department  on May 30, 2019  and has found the property to be
in compliance with the original 2004 Zoning Board Resolution and therefore
there are no responsive documents for said request.

 

 

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,

 

Eleni Pettas

--------------------------------------------------------------------------------------------------------------------------------------------

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

show quoted sections

Eleni Pettas, Nutley Township

2 Attachments

 

 

--------------------------------------------------------------------------------------------------------------------------------------------

Eleni Pettas, RMC

Municipal Clerk

 

Department of Revenue and Finance

One Kennedy Drive

Nutley, New Jersey 07110

 

[1][Nutley Township request email]

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

 

[2]www.nutleynj.org

show quoted sections

Eleni Pettas, RMC

Municipal Clerk

 

Department of Revenue and Finance

One Kennedy Drive

Nutley, New Jersey 07110

 

[5][Nutley Township request email]

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

 

[6]www.nutleynj.org

--------------------------------------------------------------------------------------------------------------------------------------------

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 Open Public Records Act P.L. 2001, CHAPTER 40 N.J.S.A. 47:1A-1 et seq. 
(OPRA) "Government record" or "record" means any paper, written or printed
book, document, drawing, map, plan, photograph, microfilm, data processed
or image processed document, information stored or maintained
electronically or by sound-recording or in a similar device, or any copy
thereof, that has been made, maintained or kept on file in the course of
his or its official business by any officer, commission, agency or
authority of the State or of any political subdivision thereof, including
subordinate boards thereof, or that has been received in the course of his
or its official business by any such officer, commission, agency, or
authority of the State or of any political subdivision thereof, including
subordinate boards thereof. The terms shall not include inter-agency or
intra-agency advisory, consultative, or deliberative material.  Please be
advised that this email communication is subject to the above and may or
may not be disclosed in accordance with law at the discretion of the
"Custodian of Records" and legal counsel of the Township of Nutley.

 

 

 

 

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