Search Rutgers Law Library N.J. Court Opinions

16 RAFAEL VALENTIN v. BOROUGH OF PENNS GROVE -- rank: 832

... interpretation.' 23 A-0834-15T 2 Id. at 351 (quoting N.J.S.A. 47:1A-1.1). 'By OPRA's [plain] language, information in electronic form, even ... that the requested information was 'information stored or maintained electronically.' N.J.S.A. 47:1A-1.1. Rather, the documents produced by the Borough were forms that ... paper, written or printed book, document, . . . or image processed document,' N.J.S.A. 47:1A-1.1, OPRA 'only allows requests for records, not requests for information ... definition of a 'Government record.' 26 A-0834-15T 2 N.J.S.A. 47:1A-1.1. Both Renner and the Borough's counsel certified counsel did ...

docket:	a0834-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-02
status:	unpublished
citation:
Document Size:	104360

17 NORTH JERSEY MEDIA GROUP INC v. TOWNSHIP OF NUTLEY -- rank: 823

... authority of the State or of any political subdivision thereof[.]" N.J.S.A. 47:1A-1.1. However, under OPRA, a "government record" does not include certain ...

docket:	a3483-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-30
status:	unpublished
citation:
Document Size:	50607

18 Patricia Gilleran v. Township of Bloomfield -- rank: 821

... jeopardize security” or “would create a risk to” safety. N.J.S.A. 47:1A-1.1. The judgment of the Appellate Division is REVERSED . The matter ... to the safety of persons, property, electronic data or software[.] [ N.J.S.A. 47:1A-1.1.] The wholesale release of videotape footage from a surveillance camera ... authority of the State or of any political subdivision thereof. [ N.J.S.A. 47:1A-1.1.] However, the Legislature established public-policy exceptions from that definition ... security of the building or facility or persons therein.” N.J.S.A. 47:1A-1.1 (emphasis added). The other addresses “ security measures and surveillance ... the disclosure of which would jeopardize security of public buildings. N.J.S.A. 47:1A-1.1 (emphasis added). The second speaks even more broadly in precluding ... create a risk to” safety to be exempt from disclosure. N.J.S.A. 47:1A-1.1. The Township has not made that showing and, therefore, ...

docket:	A-15-15
court:	NJ Supreme Court
decided:	2016-11-22
status:
citation:
Document Size:	94142

19 IN THE MATTER OF THE NEW JERSEY FIREMEN'S ASSOCIATION -- rank: 815

... Firemen's Association (Association), a public agency under OPRA. See N.J.S.A. 47:1A-1.1. We must resolve two principal issues affecting the public's ... it is undisputed that relief payment records are government records. N.J.S.A. 47:1A-1.1. Although numerous categories of documents are exempt from the definition ...

docket:	a2810-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-18
status:	published
citation:	443 N.J.Super. 238 128 A.3d 716
Document Size:	124357

20 /usr/local/share/www/libweb/collections/courts/appellate/a1810-16.opn.html -- rank: 813

... that are being requested are government records [as defined in N.J.S.A. 47:1A-1.1]. So they fall within the ambit of OPRA.' It is ... statutory exemptions to the term 'government record,' as defined in N.J.S.A. 47:1A-1.1, which are to be ''construed in favor of the public ... inter- agency or intra-agency advisory, consultative, or deliberative material. [N.J.S.A. 47:1A-1.1.] Absent an applicable exclusion or exemption to prevent disclosure, 'all ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	67059

21 ATLANTIC COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS v. CITY OF ABSECON -- rank: 806

... p]ublic agency" as that term is defined in OPRA. N.J.S.A. 47:1A-1.1. Defendant Carrie A. Crone is the Acting Municipal Clerk for ... serves as the custodian of the City's government records, N.J.S.A. 47:1A-1.1, including those pertaining to the licensing of dogs within the ... agency . . . of the State or of any political subdivision thereof . . . ." N.J.S.A. 47:1A-1.1. That same statute, however, contains exemptions from the definition of ... inter-agency or intra-agency advisory, consultative, or deliberative material." N.J.S.A. 47:1A-1.1. The statute also lists over twenty other categories of documents ... government record, the Legislature considering those categories of documents confidential. N.J.S.A. 47:1A-1.1 and N.J.S.A. 47:1A-10; Wilson v ... unlisted telephone number, or driver license number of any person . . . ." N.J.S.A. 47:1A-1.1 and -5a. "The common law makes a much broader ...

docket:	a3047-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	42431

22 ASSOCIATION FOR GOVERNMENTAL RESPONSIBILITY, ETHICS AND TRANSPARENCY VS. BOROUGH OF MANTOLOKING, ET AL. -- rank: 806

... meet the definition of a public document under OPRA. See N.J.S.A. 47:1A-1.1. AGREAT replied within hours, contending the Borough's position was ... cour[se] of the public official's 'official business.'' See N.J.S.A. 47:1A-1.1. Having reached an impasse, on AGREAT's behalf, Burke filed ... To achieve its purpose, OPRA 'broadly defin[es] 'government records,' N.J.S.A. 47:1A-1.1, and . . . publicly declar[es] that they shall be accessible, N ... inter[]agency or intra[]agency advisory, consultative, or deliberative material. [N.J.S.A. 47:1A-1.1.] 'The public's right to disclosure, while broad, is not ... A-2395-22 22 intra[]agency advisory [or] consultative . . . material.' N.J.S.A. 47:1A-1.1; see also Educ. L. Ctr., 198 N.J. at 285 ... 17 email is not a government record as defined in N.J.S.A. 47:1A-1.1 and, as such, the sender's name and address ...

docket:	a2395-22
court:	appellate
decided:	2024-05-09
status:	Published
citation:
Document Size:	77776

23 Sussex Commons Assocs., LLC v. Rutgers, the State University -- rank: 804

... and any independent State authority, commission, instrumentality or agency.” N.J.S.A. 47:1A-1.1. OPRA also exempts various documents from disclosure. (pp. 12-14 ... met OPRA’s definition of a public agency. Ibid. (citing N.J.S.A. 47:1A-1.1). “For purposes of OPRA,” the Appellate Division observed ... authority of the State or of any political subdivision thereof . . . . [ N.J.S.A. 47:1A-1.1.] OPRA defines “public agency” or “agency” to include ... making public records accessible and transparent applies as well. See N.J.S.A. 47:1A-1 & -1.1; see also Keddie v. Rutgers , 148 N.J. 36 ... Compare N.J.S.A. 52:13D-13(a) with N.J.S.A. 47:1A-1.1. The Court then asked whether the teaching role of a ... the course of official business by any officer or agency. N.J.S.A. 47:1A-1.1. In In re Executive Commission on Ethical Standards , supra , ...

docket:	A-97-10
court:	NJ Supreme Court
decided:	2012-07-05
status:
citation:
Document Size:	87060

24 AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY v. COUNTY PROSECUTORS ASSOCIATION OF NEW JERSEY -- rank: 795

... on file in the course of [CPANJ’s] official business.'' N.J.S.A. 47:1A-1.1. The ACLU contends the 'documents are not exempt from production ... 1A- - 6'; (4) 'designate a records custodian, in violation of N.J.S.A. 47:1A-1.1'; (5) 'maintain an OPRA request form, in violation of N ... by a political subdivision, or a combination of political subdivision. N.J.S.A. 47:1A- 1.1. Per the definition provided by OPRA, CPANJ . . . is a non ... created by a political subdivision or combination of political subdivisions. [N.J.S.A. 47:1A-1.1.] Our Supreme Court 'has acknowledged that the definition of 'public ... the member municipalities ''created' the League,' id. at 504 (quoting N.J.S.A. 47:1A-1.1), 'by forming a nonprofit, unincorporated association and drafting a constitution ... such as trash collection,' explaining that '[t]he language of N.J.S.A. 47:1A-1.1 does not set forth a governmental-function test.' Ibid. ...

docket:	a2572-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-22
status:	Published
citation:
Document Size:	72582

25 NORTH JERSEY MEDIA GROUP INC v. STATE OF NEW JERSEY OFFICE OF THE GOVERNOR -- rank: 793

... because Drewniak and Southwell were not designated records custodians under N.J.S.A. 47:1A-1.1. The court's order did not require that defendant identify ... that Drewniak and Southwell were not designated records custodians under N.J.S.A. 47:1A-1.1 did not render defendant's submission of their certifications a ...

docket:	a3947-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	published
citation:	451 N.J.Super. 282 166 A.3d 1181
Document Size:	82822

26 /usr/local/share/www/libweb/collections/courts/appellate/a1661-18.opn.html -- rank: 786

... 2009). OPRA advances that policy 'by broadly defining 'government records,' N.J.S.A. 47:1A-1.1, and by publicly declaring that they shall be accessible, A ... statute expressly deems confidential and thus exempt from public access, N.J.S.A. 47:1A-1.1, OPRA excludes personnel and pension records from the definition of ... with any sexual harassment complaint filed with a public employer,' N.J.S.A. 47:1A-1.1, precluded release of the settlement agreement. Id. at 8. We ... a public employer,' in the definitional section of the statute, N.J.S.A. 47:1A-1.1, 'advance a discernible public policy,' ibid., in OPRA to differentiate ... or internal sexual harassment complaints are not accessible under OPRA. N.J.S.A. 47:1A-1.1, 10. We do not share the trial court's concern ... them from government records that contain information deemed confidential by N.J.S.A. 47:1A-1.1. See Kovalcik, 206 N.J. at 592 (explaining that ...

docket:
court:
decided:
status:
citation:
Document Size:	55965

27 /usr/local/share/www/libweb/collections/courts/appellate/a2573-19.opn.html -- rank: 782

... State or of any political subdivision [or] subordinate boards thereof.' N.J.S.A. 47:1A-1.1. Notwithstanding OPRA's expansive reach, 'the right to disclosure is ... Cty. Prosecutor's Office, 206 N.J. 581, 588 (2011). N.J.S.A. 47:1A-1.1 expressly excludes twenty-one categories of documents and information from ... N.J. 159, 170 (2016) (second alteration in original) (quoting N.J.S.A. 47:1A-1.1). Such confidential information includes personnel records and grievances. N.J.S.A. 47:1A-1.1, -10. 'OPRA also contains a privacy clause requiring public agencies ... or with any grievance filed by or against an individual.' N.J.S.A. 47:1A-1.1.7 Appellants argue that disclosure is precluded under this exemption ... it denied '[p]laintiff's records request in accordance with N.J.S.A. 47:1A-1.1[] which prohibits the disclosure if records concerning the filing ...

docket:
court:
decided:
status:
citation:
Document Size:	58672

28 NORTH JERSEY MEDIA GROUP INC v. BERGEN COUNTY PROSECUTOR'S OFFICE -- rank: 778

... S.A. 47:1A-1, the criminal investigatory record exemption, N.J.S.A. 47:1A-1.1, and the investigation in process exemption, N.J.S.A ... pertains to any criminal investigation or related civil enforcement proceeding." N.J.S.A. 47:1A-1.1. The agency relying upon this exemption must present sufficient facts ...

docket:	a2393-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-31
status:	published
citation:	447 N.J.Super. 182 146 A.3d 656
Document Size:	85464

29 ASSOCIATION FOR GOVERNMENTAL RESPONSIBILITY, ETHICS AND TRANSPARENCY v. STATE OF NEW JERSEY OFFICE OF THE ATTORNEY GENERAL -- rank: 773

... they contain advisory, consultative, deliberative, or attorney-client communications under N.J.S.A. 47:1A-1.1. The judge also found plaintiffs did not establish common law ... index fall under the advisory, consultative, or deliberate exemption under N.J.S.A. 47:1A-1.1; the fourth, fifth, and tenth requested items are protected by ... inter- agency or intra-agency advisory, consultative, or deliberative material. [N.J.S.A. 47:1A-1.1.] The right to access to government records under OPRA is ... government record.'' Scheeler, 448 N.J. Super. at 343 (citing N.J.S.A. 47:1A-1.1). In addition, N.J.S.A. 47:1A-10 exempts ... v. Borough of Longport, 218 N.J. 168, 185 (2014); N.J.S.A. 47:1A:1-1. The 'privilege has been codified in New Jersey, by both ...

docket:	a2647-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-01
status:	Unpublished
citation:
Document Size:	71518

30 KENNETH M. SERRANO v. SOUTH BRUNSWICK TOWNSHIP, et al. -- rank: 771

... as confidential because they qualified as "criminal investigatory records" under N.J.S.A. 47:1A-1.1. These initial findings recommended, however, that the GRC find the ... that the content of the tape meets the criteria in N.J.S.A. 47:1A-1.1. Thus, Serrano asserted that 911 tapes should not be covered ... inter-agency or intra-agency advisory, consultative, or deliberative material. ��������[ N.J.S.A. 47:1A-1.1.] ����We note that 911 calls are required by law to ... J. Super. at 162-63. ����The current statute defines at N.J.S.A. 47:1A-1.1 several categories of confidential materials not to be considered to ... pertains to any criminal investigation or related civil enforcement proceeding." N.J.S.A. 47:1A-1.1. Because the tape falls within the definition of a "government record" in N.J.S.A. 47:1A-1.1, and because the law requires that such tapes be ...

docket:	A3110-02
court:	NJ Superior Court Appellate Division
decided:	2003-03-19
status:	published
citation:
Document Size:	46463