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
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
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
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,
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
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
