Momentum is growing among New Jersey municipalities to expand the New Jersey Open Public Records Act (OPRA) to include state lawmakers. The basic argument is “if us, why not them?” Under the current law, OPRA’s disclosure requirements apply to “public agencies,” which are defined as: The executive branch of state
Gannet Co.’s lawsuit against borough of Raritan is one of the longest-running suits under New Jersey’s Open Public Record Act (OPRA). In the latest development, a special master appointed by the court has awarded the newspaper company $542,000 in legal fees. The case, which dates back to 2009, involves Raritan’s
In a recent decision, the Appellate Division of the New Jersey Superior Court highlighted that requests under New Jersey’s Open Public Records Act (OPRA) and discovery conducted pursuant to a lawsuit are two distinct legal tools. The Facts of the Case Burke v. Ocean County involved an OPRA request filed
In a recent decision, the Appellate Division of the New Jersey Superior Court confirmed that the state’s Open Public Records Act (OPRA) only applies to true “public entities.” The court rejected the notion that a for-profit corporation could fall under OPRA simply because it performs taxpayer-funded, governmental activities. The Facts
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
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
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
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
