A New Jersey appeals court recently ruled that a draft report prepared by staff within the New Jersey Department of Health concerning a hospital’s application for a certificate of need is exempt from disclosure under state’s Open Public Records Act. The court specifically found that the requested documents were fully
Hurricane Sandy has turned many New Jersey municipalities upside down. Although many are trying to conduct business as usual, routine tasks such as complying with requests under New Jersey’s Open Public Records Act have often become more difficult. To address concerns, the New Jersey Government Records Council has issued an
In many cases, records requested under New Jersey’s Open Public Records Act are not physically located onsite. For instance, the records may be maintained at another agency or third party, with whom the public entity has a contractual agreement. However, as highlighted by the New Jersey Government Records Council in
In an interesting legal twist, the Borough of Pine Hill is seeking to shift liability for the release of confidential information to the individual who requested it under New Jersey’s Open Public Records Act. The municipality has filed a motion to add the requester, John Schmidt, as a third-party defendant.
The Port Authority of New York and New Jersey is exempt from the requirements of the New Jersey Open Public Records Act, according to a New Jersey appeals court. The court reasoned that because the Port Authority is an instrumentality of the two states, it is not considered an “agency”
Municipalities across the country are increasingly using social media to keep in touch with their citizens. In fact, sites like Twitter and Facebook are credited with playing a valuable role in the wake of Hurricane Isaac by keeping residents of impacted communities informed of road closures, power restoration efforts, and
A recent decision by the Appellate Division reminds New Jersey public bodies that they cannot broadly cite attorney-client privilege to avoid providing documents in response to a request made under the Open Public Records Act (OPRA). In Hyman v. City of Jersey City, the court chastised the municipality for its
The New Jersey Open Records Act (OPRA) continues to pose challenges for municipalities. In a recent decision, Superior Court Judge Yolanda Ciccone ruled that data does not need to be readable to qualify as a public record. The Facts of the Case The New Jersey OPRA lawsuit was filed