Photo for Non-Profits - Part 1: Business Improvement Districts

Non-Profits - Part 1: Business Improvement Districts

In general, non-profit corporations are not subject to OPRA.  However, there are several important exceptions to this general rule.  In this series, we will discuss several categories of non-profits t… >

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OPRA Lawsuits - Keep It Simple

In this blog, we frequently talk about the special, unique or unusual rules and practices applicable to OPRA cases.  Unlike ordinary litigation, OPRA claims must be initiated via a special procedure and sh… >

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Electronic Access to Records, Part 1: Databases and Other Electronic Stored Information

A “public record” under OPRA includes “information stored or maintained electronically.”  N.J.S.A. 47:1A-1.1.  This includes documents and data that public agencies store in da… >

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Can a Public Agency Sue a Requestor?

That’s a good question! We believe that a public agency never has the right to sue a requestor based on the Open Public Records Act (“OPRA”) because OPRA states that the right to bring an acti… >

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When to File an OPRA Lawsuit

As OPRA requestors and readers of this blog know, a challenge to a denial of access must be filed in Superior Court within 45 calendar days after the denial.  (Government Records Council complaints can be … >

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Supreme Court Case Expands Access to Police Records

In a unanimous decision that, in our opinion, broke new ground, on June 17, 2021 the New Jersey Supreme Court held that municipalities and their police departments must provide copies of complaints and summons … >

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When Are Police Records Accessible as Public Records?

Among all categories of records, requests for police records tend to be the most complex to analyze, for two reasons. First, law enforcement handles a potentially infinite number of different situations, which … >

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Public Agencies Cannot Frustrate Access to Public Records by Reducing Their Technological Capabilities

After Paff v. Galloway, in which the New Jersey Supreme Court held that the public had a right to receive logs of e-mails to or from public officials, one potential response from public agencies was to reduce t… >

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Designated OPRA Judges

OPRA requires that each county designate a judge to handle OPRA matters.  As a result, each County has a designated OPRA judge.  The list may be found on the Court’s website.  While it does… >

Photo for Settlement Agreement Resolving Internal Disciplinary matter Not a Public Record

Settlement Agreement Resolving Internal Disciplinary matter Not a Public Record

Since Asbury Park Press v. County of Monmouth, 406 N.J. Super. 1 (App. Div. 2009), aff’d o.b., 201 N.J. 5 (2010), settlement agreements to which public agencies are parties have been treated as public rec… >

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