Category: Open Public Records Act

NJ Appeals Court Criticizes GRC and OAG Over Handling of OPRA Request Regarding NYPD Surveillance

NJ Court Rules OPRA Exception Applies to Police Complaints Not Leading to Charges

A New Jersey court recently held that law enforcement records related to police complaints that do not ultimately lead to criminal charges are not subject to the New Jersey Open Public Records Act (OPRA). In these cases, the court reasoned that privacy interests take precedence over the public right to

DLGS Issues Guidance Regarding Financial Disclosure Statements

NJ Court Clarifies OPRA’s Applicability to Internal Investigation Documents

In Ganzweig v. Township of Lakewood, the court clarified how the New Jersey Open Public Records Act (OPRA) applies to documents that are part of an internal affairs investigation. The decision makes it clear that records are not automatically exempt from OPRA simply because they are being used as part

Atlantic City OPRA

NJ Court Rules Atlantic City Marketing Coalition Not Subject to OPRA

The Appellate Division of the New Jersey Superior Court recently rejected arguments that Atlantic City Alliance, Inc. should be considered a public entity for the purposes of the state’s Open Public Records Act (OPRA). The court ruled that the marketing coalition is a private entity involved in a partnership with

Donald Scarinci malpractice

NJ Court Clarifies OPRA’s Criminal Investigatory Records Exemption

The Superior Court of New Jersey recently clarified the criminal investigatory records exemption under New Jersey’s Open Public Records Act. Under OPRA, a criminal investigatory record is a record “which is not required by law to be made, maintained or kept on file that is held by a law enforcement

Proposed Fire District Consolidation Legislation Advances

New Jersey State Firemen’s Association Is A Public Agency Under OPRA

The Appellate Division of the New Jersey Superior Court recently ruled that the New Jersey State Firemen’s Association is a “public agency “ under the Open Public Records Act (OPRA). The case is Paff v. New Jersey State Firemen’s Association. The Facts of the Case In September 2011, the plaintiff,

Scarinci malpractice

Appellate Division Considers Interplay Between OPRA and Expungement

In Paff v. Borough of Gibbsboro, the Appellate Division of the Superior Court considered what happens when records requested under New Jersey’s Open Public Records Act become subject to an expungement order while the request denial is pending in court. The panel ultimately concluded that the expungement statute overrides the

New Jersey Lawyer

Time Is of the Essence in the GRC Complaint Process

The Government Records Council is tasked with reviewing and adjudicating complaints concerning a denial of access to a government record by a records custodian under New Jersey’s Open Public Records Act. It receives an average of 281 complaints each year. In its May issue of OPRA Alert, the GRC acknowledged