Dear Nutley Township,

This is a request for public records made under OPRA and the common law right of access. Please acknowledge receipt of this message.
Records requested: I seek all the documents related to the removal of all ""old"" water meter and the new one that was replaced. The total number of meters replaced, the sale of the old meters and where the funds were placed. I seek the total amount of funds received by the Township of Nutley and where the money was placed.

Yours faithfully,

Rory Moore

Dear Nutley Township,

How much longer??

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
received via e-mail dated October 16, 2018.  Below is a list of each
request for access and the Township’s response to the same. 

 

“All the documents related to the removal of all ‘old’ water meter and the
new one that was replaced”.  This request is denied as it does not
identify any specific government records and is overly broad.  Although a
custodian may conduct a defined search for responsive government records,
she is not obligated to conduct research on behalf of the requestor.  See
MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.
Super. 534 (App. Div. 2005);  Bent v. Stafford Police Department, 381 N.J.
Super. 30 (App. Div. 2005). 

 

“The total number of meters replaced, the sale of the old meters and where
the funds were placed”.  OPRA defines a government record as a “any paper,
written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document” which is “made,
maintained or kept on file . . . or that has been received in the course
of . . . official business . . .”  N.J.S.A. 47:1A-1.1.  Wholesale requests
for general information are not encompassed by OPRA.  See MAG
Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.
Super. 534 (App. Div. 2005).  This request is an overly broad request for
information which does not seek access to an identified government
record.  Accordingly, no response is required.

 

“The total amount of funds received by the Township of Nutley and where
the money was placed”.  OPRA defines a government record as a “any paper,
written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document” which is “made,
maintained or kept on file . . . or that has been received in the course
of . . . official business . . .”  N.J.S.A. 47:1A-1.1.  Wholesale requests
for general information are not encompassed by OPRA.  See MAG
Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.
Super. 534 (App. Div. 2005).  This request is an overly broad request for
information which does not seek access to an identified government
record.  Accordingly, no response is required.

 

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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