Search Rutgers Law Library N.J. Court Opinions

1 LIBERTARIANS FOR TRANSPARENT GOVERNMENT, A NJ NONPROFIT CORPORATION v. THE OCEAN COUNTY PROSECUTOR'S OFFICE -- rank: 1000

... date of separation and the reason therefor' as required by [ N.J.S.A.] 47:1A-10. 2. Any memorandum, letter, e-mail or other writing that ... of a public pension'' to which plaintiff was entitled under N.J.S.A. 47:1A-10. Following the filing of an answer by the OCPO and ... OF TERMINATION OR DISCIPLINE BECAUSE HE FAILED A DRUG TEST, [ N.J.S.A.] 47:1A-10 REQUIRES DISCLOSURE OF THAT FACT BECAUSE IT IS THE REAL ... J. Super. at 343. 8 A-1608-16T1 In addition, N.J.S.A. 47:1A-10 exempts employee personnel and pension records from 'government records' that ... record and shall not be made available for public access . . . .' N.J.S.A. 47:1A-10. Thus, under N.J.S.A. 47:1A-10, 'personnel records are, by definition, not classified as government ...

docket:	a1608-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-05
status:	unpublished
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Document Size:	77526

2 /usr/local/share/www/libweb/collections/courts/appellate/a1661-18.opn.html -- rank: 978

... action (PNDA) against the employee is a government record under N.J.S.A. 47:1A-10 (section 10) of the Open Public Records Act (OPRA), N ... detailed medical or psychological information, shall be a government record. [N.J.S.A. 47:1A-10.] As the Court has explained, '[t]he Legislature has declared ... record and shall not be made available for public access,' N.J.S.A. 47:1A-10, differentiating them from government records that contain information deemed confidential ... the amount and type of pension the employee is receiving. N.J.S.A. 47:1A-10. Governor McGreevey contemporaneously issued Executive Order 21, continuing the exemptions ... service, date of separation and reason therefore' in accordance with N.J.S.A. 47:1A-10. We acknowledge Libertarians' argument that limiting it to 'the section ...

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3 Libertarians for Transparent Government v. Cumberland County -- rank: 931

... date of separation and the reason therefor’ in accordance with N.J.S.A. 47:1A-10.” The County declined to produce the settlement agreement, claiming ... title, “date of separation and the reason therefor.” N.J.S.A. 47:1A-10. To the extent that information appears in a settlement agreement ... date of separation and the reason therefor’ in accordance with N.J.S.A. 47:1A-10.” The County declined to produce the PNDA and the ... an exception for 1 As discussed in more detail later, N.J.S.A. 47:1A-10 (section 10) states that personnel records are not “considered ... and the amount and type of the individual’s pension. N.J.S.A. 47:1A-10. Other details that are not listed in the exception but ...

docket:	a-34-20
court:	NJ Supreme Court
decided:	2022-03-07
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Document Size:	39184

4 Vasil Kovalcik v. Somerset County Prosecutor\'s Office -- rank: 884

... The second provision at issue exempts personnel records from disclosure, N.J.S.A. 47:1A-10. Following a criminal investigation, the specifics of which are not ... has declared in the exemption provision relating to personnel records, N.J.S.A. 47:1A-10, that personnel records are, by definition, not classified as government ... at issue in this appeal exempts personnel records from disclosure, N.J.S.A. 47:1A-10. That exemption, however, includes a number of exceptions and we ... 1A-3(a) (limiting access to records of ongoing investigations); N.J.S.A. 47:1A-10 (limiting access to personnel records). The two exemptions before this ... detailed medical or psychological information, shall be a government record. [ N.J.S.A. 47:1A-10.] The Legislature has declared in this provision that personnel records ... used two precise limiting terms that carefully circumscribe its application. N.J.S.A. 47:1A-10. That is, the exception does not authorize disclosure of ...

docket:	a-43-10
court:	superior court trial
decided:	2011-06-21
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Document Size:	62118

5 ASSOCIATION FOR GOVERNMENTAL RESPONSIBILITY, ETHICS AND TRANSPARENCY v. STATE OF NEW JERSEY OFFICE OF THE ATTORNEY GENERAL -- rank: 838

... concluded the records are exempt under OPRA as personnel records, N.J.S.A. 47:1A-10, and that they contain advisory, consultative, deliberative, or attorney-client ... are personnel records, which are exempt from disclosure pursuant to N.J.S.A. 47:1A-10.' Defendant also denied AGREAT's request under the common law ... that was insufficient to vault the statutory exemptions. And, although N.J.S.A. 47:1A- - 10 allows an individual with an 'interest' to waive the confidentiality ... N.J.S.A. 47:1A-1.1). In addition, N.J.S.A. 47:1A-10 exempts employee personnel and pension records from 'government records' that ... record and shall not be made available for public access.' N.J.S.A. 47:1A-10. Thus, under N.J.S.A. 47:1A-10, 'personnel records are, by definition, not classified as government ...

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

6 In re Attorney General Law Enforcement Directive Nos. 2020-5 and 2020-6 -- rank: 838

... which limits the disclosure of personnel and pension records. See N.J.S.A. 47:1A-10. Section 10, however, contains an important exception: “[P]ersonnel ... this regulation does not apply to “records enumerated in N.J.S.A. 47:1A-10 as available for public access.” N.J.A.C ... with section 10 of the Open Public Records Act (OPRA), N.J.S.A. 47:1A- -10; a regulation the Department adopted when OPRA was enacted, N ... which limits the disclosure of personnel and pension records. See N.J.S.A. 47:1A-10 (“[T]he personnel or pension records of any individual ... well. It does not apply to “records enumerated in N.J.S.A. 47:1A- 10 as available for public access.” Id. at (a)(4 ...

docket:	a-26-20
court:	NJ Supreme Court
decided:	2021-06-07
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Document Size:	111736

7 IN THE MATTER OF THE NEW JERSEY FIREMEN'S ASSOCIATION -- rank: 827

... therefor, and the amount and type of any pension received." N.J.S.A. 47:1A-10. Also, Executive Order No. 26 (McGreevey), ¶ 4(b)(3 ... payments should be withheld as a "pension record" exempt under N.J.S.A. 47:1A-10, and Carter argues the payments should be disclosed as "the ... type of any pension received," which are not exempt under N.J.S.A. 47:1A-10. In our view, neither interpretation is correct. Although one might ... of remuneration or compensation that are subject to disclosure under N.J.S.A. 47:1A-10. Doe factors three and four relate to the potential for ... records that fell outside of government records as defined in N.J.S.A. 47:1A-10. Also, disclosure was barred by Executive Order No. 26, which ... in this case. Relief payments are not personnel records under N.J.S.A. 47:1A-10. Furthermore, disclosure is not shielded by Executive Order No. ...

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

8 LIBERTARIANS FOR TRANSPARENT GOVERNMENT A NJ NONPROFIT CORPORATION v. NEW JERSEY STATE POLICE -- rank: 824

... the basis it sought personnel records exempt from disclosure under N.J.S.A. 47:1A-10 (section 10). Specifically, the Division asserted its 'internal affairs records ... of the personnel and pension records of public employees. See N.J.S.A. 47:1A-10; Kovalcik v. Somerset Cty. Prosecutor's Office, 206 N.J ... against an individual, shall not be considered a government record,' N.J.S.A. 47:1A-10, and the Department of Law and Public Safety's subsequent ... employee or employees — other than those records enumerated in N.J.S.A. 47:1A-10 as available for public access — and relating to or ... relating to any grievance filed by or against an individual ,' N.J.S.A. 47:1A-10, the judge concluded revealing the trooper's name here, in ...

docket:	a5675-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-20
status:	Unpublished
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Document Size:	21586

9 /usr/local/share/www/libweb/collections/courts/appellate/a3950-19.opn.html -- rank: 824

... conflict with a provision of the Open Public Records Act, N.J.S.A. 47:1A-10 (section 10), a regulation promulgated by the Department of Law ... to be disclosed' or when 'otherwise provided by' another law. N.J.S.A. 47:1A-10; Exec. Order (continued) mingled with internal affairs files.' Section 9 ... 4) (prohibiting disclosure of records 'other than those . . . enumerated in N.J.S.A. 47:1A-10 as available for public access'). The Legislature has designated the ...

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10 NEWARK MORNING LEDGER CO. v. NEW JERSEY SPORTS & EXPOSITION AUTHORITY -- rank: 791

... S.A. 47:1A-3, and personnel and pension records, N.J.S.A. 47:1A-10. "Notably, if a document falls within one of these categories ...

docket:	a1810-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-30
status:	published
citation:	423 N.J. Super. 140 31 A.3d 623
Document Size:	94730

11 /usr/local/share/www/libweb/collections/courts/appellate/a2573-19.opn.html -- rank: 778

... NOT PERSONNEL RECORDS, AND THEREFORE NOT WITHIN AN EXEMPTION WITHIN N.J.S.A. 47:1A-10. II. THE ATTORNEY GENERAL'S [IAPP] REINFORCE THE LONG-RECOGNIZED ... record and shall not be made available for public access,' N.J.S.A. 47:1A-10, 'unless it falls within one of the statutory' exceptions, Kovalcik ...

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12 /usr/local/share/www/libweb/collections/courts/appellate/a2396-11.opn.html -- rank: 764

... is currently accessible to the public as set forth in N.J.S.A. 47:1A-10 ." 2 Ibid. The Regulation now provides: [T]he following records ... in 2010. See 43 N.J.R. 3188 (b). Citing N.J.S.A. 47:1A-10, ACLU argued that the proposed rule "appears to exempt information ... and conflicts with accessibility to personnel records as provided by N.J.S.A. 47:1A-10. We disagree. Taking the arguments in reverse order, the Court has said that N.J.S.A. 47:1A-10 reflects the Legislature's determination "that personnel records are, by ... type of any pension received shall be a government record." N.J.S.A. 47:1A-10. We have no doubt that a request for the duty ... therefore, and the amount and type of any pension received." N.J.S.A. 47:1A-10. Such information would likely indicate the amount of overtime ...

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court:	NJ Superior Court Law/Chancery Division
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13 A-0NEW JERSEY SECOND AMENDMENT SOCIETY v. DIVISION OF STATE POLICE OF THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY IN RE ADOPTION OF N.J.A.C 13:1E-3 May 14 2015 -- rank: 764

... is currently accessible to the public as set forth in N.J.S.A. 47:1A-10 ." 2 Ibid. The Regulation now provides: [T]he following records ... in 2010. See 43 N.J.R. 3188 (b). Citing N.J.S.A. 47:1A-10, ACLU argued that the proposed rule "appears to exempt information ... and conflicts with accessibility to personnel records as provided by N.J.S.A. 47:1A-10. We disagree. Taking the arguments in reverse order, the Court has said that N.J.S.A. 47:1A-10 reflects the Legislature's determination "that personnel records are, by ... type of any pension received shall be a government record." N.J.S.A. 47:1A-10. We have no doubt that a request for the duty ... therefore, and the amount and type of any pension received." N.J.S.A. 47:1A-10. Such information would likely indicate the amount of overtime ...

docket:	a2103-11
court:	NJ Superior Court Appellate Division
decided:	2015-02-24
status:	unpublished
citation:
Document Size:	44167

14 /usr/local/share/www/libweb/collections/courts/appellate/a2092-15a2704-15a2716-15.opn.html -- rank: 745

... against an individual, shall not be considered a government record . . . . [ N.J.S.A. 47:1A-10 (emphasis added).] This further supports our view that 'citizen,' as ...

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court:	NJ Superior Court Law/Chancery Division
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15 HOWARD BRANIN v. COLLINGSWOOD BOROUGH CUSTODIAN -- rank: 745

... 1.1, N.J.S.A. 47:1A-3, and N.J.S.A. 47:1A-10. The parties do not contend that any exception applies to ...

docket:	a4670-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-09
status:	unpublished
citation:
Document Size:	34065