The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously held that public entities are not required to give non-residents access to such records. The Facts of the Case The issue before the Court was whether a state may
Local government officers will soon be required to file their financial disclosure statement forms online. The goal is to facilitate greater public disclosure of FDS forms while also relieving records custodians of some of the burdens associated with Open Public Records Act (OPRA) compliance. In New Jersey, local government officers
A recent decision by the Appellate Division clarifies the New Jersey Open Public Records Act (OPRA) exception for proprietary commercial or financial information. The case also addresses what types of materials fall within the meaning of “underwriting rules” under N.J.S.A. 17:29A-46.2(b), which states that “underwriting rules” filed by insurers “shall
The Appellate Division recently ordered two school officials to reimburse their district for legal fees when the school board improperly instituted legal action on their behalf. It concluded that a defamation lawsuit was not brought in the interest of the Elizabeth Board of Education, but rather, in the interest of
When responding to a request under New Jersey’s Open Public Records Act (OPRA), municipalities frequently seek to redact information that should not be disclosed. However, in order to avoid an improper denial of access complaint, it is important make sure that all OPRA redactions are not only performed properly but
New Jersey’s Open Public Records Act (OPRA) will remain one of the top compliance concerns for New Jersey municipalities in 2013. This post offers several tips in the areas that often cause the most confusion. Understand Your Deadline: Under OPRA, record custodians have seven business days to respond to a
A final vote was scheduled before the New Jersey Senate on two bills that would have amended the Open Public Meetings Act (OPMA) and the Open Public Records Act (OPRA). Prior to the vote the bills’ sponsor, Senate Majority Leader Loretta Weinberg, D-Teaneck, reached out to the New Jersey League
Under New Jersey’s Open Public Records Act (OPRA), a requestor who prevails in any proceeding brought under the law is entitled to a reasonable attorney’s fee. The Appellate Division recently clarified what happens when a party only achieves limited success in a lawsuit. The Facts of the Case Wolosky v.
