Tag: New Jersey Open Public Records Act

NJ Appeals Court Clarifies OPRA Personnel Exemption

NJ Court Rules Communications Between Recused Municipal Lawyer and Substitute Counsel Are Privileged

New Jersey municipalities often retain more than one attorney to handle their legal matters. In a recent decision, a New Jersey court confirmed that the attorneys should be able to confidentially share information. In 297 Palisades Urban Renewal v. Borough of Bogota, the court specifically held that communications between recused

NJ Judge Rules Police Dash Cam Videos Subject to OPRA

NJ Judge Rules Police Dashboard Camera Videos Subject to OPRA

A New Jersey judge recently ruled that videos recorded by police dashboard cameras are subject to New Jersey’s Open Public Records Act (OPRA). The decision is expected to have wide implications, particularly given that Gov. Chris Christie recently signed a new law that will require that certain police vehicles be

Atlantic City Internal Affairs

Court Rules Atlantic City Internal Affairs Files Are Discoverable

In Groark v. Timek, a New Jersey federal judge issued a ruling that has the potential to destroy the confidential nature of internal affairs files. The ruling will compel not only Atlantic City internal affairs files to be produced for the named defendant officers, but also all other officers. Further,

OPMA

NJ Supreme Court Rules Common Interest Rule Applies to OPRA Requests

The New Jersey Supreme Court recently addressed what happens when the New Jersey Open Public Records Act (OPRA) and attorney-client privilege intersect. In O’Boyle v. Borough of Longport, the state’s highest court specifically addressed the application of the common interest rule to litigation documents requested under OPRA and the common

OPRa guidance COVID-19

Corporations Created to Manage NJ Business Improvement Districts Covered Under OPRA

The Appellate Division recently provided further guidance regarding when quasi-public agencies are subject to the New Jersey Open Public Records Act (OPRA). In Kennedy v. Montclair Center Corporation Business Improvement District, the court held that the corporation responsible for managing Montclair’s business improvement district is subject to OPRA. The Facts

NJ Appeals Court Rules NJSPCA Subject to OPRA

Are New Jersey Pet Owners’ Identities Shielded Under OPRA?

The Appellate Division of the New Jersey Superior Court recently considered an issue previously decided by the Government Records Council: do the identities of pet owners fall under the privacy exception of the Open Public Records Act (OPRA)? In Bolkin v. Borough of Fairlawn, the short answer was no. However,

NJ Court Addresses Special Service Charges Under OPRA

Under the Open Public Records Act (OPRA), custodians may impose a reasonable special service charge when fulfilling a records request that “involves an extraordinary expenditure of time and effort.” Having outside counsel review invoices to redact privileged information does not meet the criteria, according to the court’s decision in Nunnermacker

Court Chastises NJ Municipality for Attempting to Circumvent OPRA

In a recent decision, the Superior Court of New Jersey held that the Borough of Cliffside Park violated the state’s Open Public Records Act (OPRA) by failing to provide copies of a settlement agreement executed between the municipality and its former chief of police. The cases, John Paff v. Borough