In enacting OPRA, the Legislature created two exemptions for police records. The first exemption is the “ongoing investigation exemption.” N.J.S.A. 47:1A-3(a). For that exemption to apply, an investigation must be ongoing and the police agency must prove that release of the records would be “inimical to the public interest.” Even if the police do prove that releasing the records while the investigation is ongoing would be harmful, ultimately the records must be released after the investigation concludes.
OPRA’s other exemption, the “criminal investigatory ...
OPRA requires public agencies to respond within 7 business days of your request. (Tip: Begin counting the first business day after you filed the request). A public agency must respond within 7 business days and either: 1) Produce responsive records; 2) Tell you that access is being denied and reason for the denial; or 3) Ask for an extension of time to respond.
But what do you do if the government fails to respond (a deemed denial) or denies access to a record that you know is not exempt?
The best course of action is to immediately speak to an attorney, who can work with you to gain access to the ...
Several of Pashman Stein, PC’s OPRA cases have been covered extensively by the press lately. Here is a rundown of the coverage.
McClimate v. Cumberland County
The Daily Journal has covered McClimate v. Cumberland County, a case where Pashman Stein has filed a suit on behalf of a retired county employee who seeks records pertaining to her insurance coverage. Despite repeated requests that the county provide the actual cost sheet that Horizon Blue Cross gave the county, the county instead insisted on providing only a summary chart that it created. Ms. McClimate seeks the actual cost ...
Section 5 of OPRA is clear that government records must be available “as soon as possible.” It then provides an outer time limit for public agencies—records must be produced as soon as possible, “but not later than seven business days after receiving the request.” Unfortunately, fewer and fewer public agencies comply with these rigid timelines. Most agencies produce records on the 7th business day, even though they are supposed to be available “as soon as possible.” And many agencies have moved to automatically taking an extension of time for each and every OPRA ...
Sam Samaro, partner at Pashman Stein, is quoted on the Bridgegate-related article that appeared on January 25, 2016.
Published in The Lacey Reporter.com
A local activist is suing the Ocean County Prosecutor’s Office over what his attorney is calling a “cover up” of documents related to the unlawful arrest of Lacey Reporter contributor Andrew Flinchbaugh. Transparency activist Harry Scheeler, who previously founded a local news website covering Galloway Township is behind the suit.
For the rest of the article, click here.
The New Jersey Supreme Court has granted the Township of Bloomfield’s Motion for Leave to appeal in Gilleran v. Twp. of Bloomfield, 440 N.J. Super. 490 (App. Div. 2015, making the Appellate Division’s decision subject to the Court’s review.
In this case, Ms. Gilleran initially filed an OPRA request for a week’s worth of video footage from a security camera at the rear of the Municipal Building. She sought the footage to confirm whether certain politically connected individuals were visiting the municipal complex, as was rumored. The camera is in plain sight and sits above the ...
The following article was authored by Pashman Stein Partner Sam Samaro and appeared in the New Jersey Law Journal on October 29, 2015.
In March of 1991, a Los Angeles resident by the name of George Holliday noticed some commotion outside his apartment. He grabbed a camcorder, went out onto his balcony and shot the now iconic footage of Rodney King being beaten by the police. The resulting prosecution of the officers involved occurred because, and only because, the incident happened to take place within eyeshot of a citizen with a video camera. At the time, videotaped evidence of police ...
While overwhelmingly most agencies accept emailed or faxed requests or have an online portal to submit OPRA requests, there are a handful of agencies that do not. The Government Records Council (GRC) recently ruled that the refusal to accept at least one form of electronically submitted requests violates OPRA.
On September 29, 2015, the GRC ruled in Russo v. City of East Orange (Essex), GRC Complaint No. 2014-430, that “the City’s policy of banning submission of OPRA requests electronically represents an unreasonable obstacle on access.” In its decision, the GRC recounted ...
CJ Griffin quoted in The Trentonian News article: Advocate sues AG’s office over lack of information in Radazz Hearns shooting
