Month: March 2022

NJ Supreme Court Clarifies When Internal Affairs Records Must Be Disclosed

NJ Supreme Court Clarifies When Internal Affairs Records Must Be Disclosed

In Rivera v. Union County Prosecutor’s Office (A-58-20/084867) (Decided March 14, 2022), the Supreme Court of New Jersey held that the Open Public Records Act (OPRA) does not permit access to internal affairs reports, but those records can and should be disclosed under the common law right of access —

Should Your Municipality Establish a Municipal Property Tax Rewards Program?

Should Your Municipality Establish a Municipal Property Tax Rewards Program?

Under a law that took effect last year, New Jersey municipalities can establish property tax rewards programs encouraging residents to shop at local retail establishments. The Division of Local Government Services (DLGS) recently issued a Local Finance Notice (LFN) aimed to guide municipalities in creating and implementing these new programs. 

NJ Supreme Court Rules Settlement Agreement Involving Terminated Corrections Officer Must Be Disclosed Under OPRA

NJ Supreme Court Rules Settlement Agreement Involving Terminated Corrections Officer Must Be Disclosed Under OPRA

In Libertarians for Transparent Government v. Cumberland County, (A-34-20/084956) (Decided March 7, 2022), the Supreme Court of New Jersey held that a settlement agreement between a former corrections officer and his employer, defendant Cumberland County, may be disclosed under the Open Public Records Act (OPRA), subject to redaction. According to

NJ Supreme Court Issues Important Decision Regarding Disclosure of Internal Affairs Records

NJ Supreme Court Issues Important Decision Regarding Disclosure of Internal Affairs Records

The New Jersey Supreme Court recently clarified when police internal affairs (IA) reports must be disclosed to the public under both the Open Public Records Act (OPRA) and the common law right of access. The court ultimately concluded that while OPRA does not permit access to internal affairs reports, records can

Gov. Murphy Signs Bill Extending Deadline for COVID-19 Special Education Claims

Gov. Murphy Signs Bill Extending Deadline for COVID-19 Special Education Claims

Gov. Phil Murphy recently signed legislation extending the period of time a parent, guardian, or local educational agency has to request a due process hearing regarding the education of a child with disabilities during a COVID-19 school closure or during periods of virtual, remote, hybrid, or in-person instruction. The extension is

NJ Supreme Court Clarifies When Police Can Conduct Warrantless Search of House After Arrest Is Made Outside

NJ Supreme Court Clarifies When Police Can Conduct Warrantless Search of House After Arrest Is Made Outside

In State v. Christopher Radel (A-44-20) and State v. Keith Terres (A-45-20) (Decided January 20, 2022), the Supreme Court of New Jersey held that when an arrest occurs outside a home, the police may not enter the dwelling or conduct a protective sweep in the absence of a reasonable and

New Jersey Appellate Division Upholds Vaccination Mandates for Correctional Officers

New Jersey Appellate Division  Upholds Vaccination Mandates for Correctional Officers 

New Jersey’s state-level vaccine mandates continue to hold up against legal challenges. On February 11, 2022, the Appellate Division upheld Governor Phil Murphy’s vaccination mandate that applies to all State and County Correctional Police Officers. Four days later, the Supreme Court of New Jersey denied the New Jersey State Police