Author: Donald Scarinci

OPMA Suit Seeks Attorney’s Fees Under New Jersey Civil Rights Act

NJ Appeals Court Rules College Violated OPMA in Terminating Teacher

The Appellate Division of the New Jersey Superior Court recently held that Kean University violated the state’s Open Public Meetings Act (OPMA) when it terminated a faculty member. In Kean Federation of Teachers v. Ada Morell, Bd. Of Trustees of Kean University, the appeals court found that the college violated

NJ Supreme Court Issues Affordable Housing “Gap” Ruling

Federal Judge Halts DOL Overtime Rules

A federal judge is Texas recently granted a preliminary injunction in a lawsuit challenging the Department of Labor’s (DOL) new overtime rules. The overtime rule decision applies nationwide. For now, New Jersey municipalities should continue to use the old salary thresholds for determining when employees must be paid overtime wages. 

NJ Supreme Court to Consider Disclosure of Police Dash Cam Videos

NJ Supreme Court to Consider Disclosure of Police Dash Cam Videos

The Supreme Court of New Jersey recently agreed to add another key case involving the state’s Open Public Records Act (OPRA) to its docket. Paff v. Ocean County Prosecutor’s Office revolves around the disclosure of police video recordings, which has become a high-profile issue in the wake of several controversial police-involved

NJ Supreme Court Holds Security Footage Not Subject to OPRA

In Gilleran v. Township of Bloomfield, the Supreme Court of New Jersey held that security footage from a camera located outside a town hall was not subject to disclosure under the Open Public Records Act (OPRA). According to the state’s highest court, “Compelling release on demand of security surveillance video would be

NJ Appeals Court Upholds Automatic Approval of Site Plan Application

NJ Appeals Court Approves Use of “Glomar Response” to OPRA Requests

The Appellate Division of the New Jersey Superior Court recently held that government agencies are entitled to “neither confirm nor deny” the existence of public records requested under the New Jersey Open Public Records Act (OPRA). While the federal government frequently relies on the so-called “Glomar response,” this is the

Third Circuit Holds Media Not Entitled to Court Docs in Bridgegate Case

New Jersey Supreme Court Agrees to Consider Key OPRA Issue

The Supreme Court of New Jersey recently granted certification in Paff v. Galloway Twp. The case involves a key interpretation of the state’s Open Public Records Act (OPRA).  In April, the Appellate Division concluded that municipalities do not have to create records when responding to an OPRA request. The appeals

NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

NJ Appeals Court Rules Police Dash Cam Videos Subject to OPRA

A divided New Jersey appeals court recently held that the public has the right to access recordings from the mobile video recorders (MVRs) in police vehicles under the Open Public Records Act (OPRA). However, it is likely that the Supreme Court of New Jersey will have the final word on