This week, Assembly Bill A4532 passed out of the State and Local Government Committee and will likely be voted on by the Assembly at some point in the near future. This bill will severely hinder transparency in this State in two ways.
First, A4532 creates a new exemption for “personal government records,” which are defined as records “that consists of or pertains solely to a pet or home alarm system permit, license, or registration.” While I understand that the sponsor of the bill is concerned that businesses utilize these lists as marketing tools, these lists can be very ...
Last week we discussed Exception 1 to OPRA’s personnel records exemption, which permits you to file an OPRA request for a public employee’s “name, title, position, salary, payroll record, length of service, date of separation and the reason therefor, and the amount and type of any pension received shall be a government record.” This week, we explore Exception 2.
Exception 2 provides that: “personnel or pension records of any individual shall be accessible when required to be disclosed by another law, when disclosure is essential to the performance of official duties of a ...
Personnel records are a category of government records that shine significant light on the workings of government (including misconduct and corruption), but unfortunately our Legislature made most personnel records off limits when it enacted OPRA. So, what records can you get?
Section 10 of OPRA makes personnel and pension records generally off limits, but it provides three exceptions. Today, we will discuss the first exception.
The first exception provides that: “an individual's name, title, position, salary, payroll record, length of service, date of separation and the ...
Yesterday, the Supreme Court of New Jersey ruled in a split decision that security camera footage is not accessible under the Open Public Records Act (OPRA).
About the Case
The case is Patricia Gilleran v. Township of Bloomfield. Ms. Gilleran* requested video footage from a security camera placed on the outside of town hall, just above the mayor’s parking spot. Bloomfield denied her request, citing two of OPRA’s security-related provisions that exempt:
emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize ...
Attorney CJ Griffin is representing The Trentonian in an lawsuit which seeks access to 9-1-1 calls under the Open Public Records Act. The Trentonian will ask the Honorable Mary C. Jacobson, A.J.S.C., to compel the Township of Hamilton to release 9-1-1 calls relating to an alleged domestic dispute that occurred at the home of a Trenton police officer. Hamilton claims that the Domestic Violence Prevention Act bars access to the 9-1-1 calls. The Trentonian argues, however, that the DVPA (NJSA 2C:25-33) only exempts certain records and 9-1-1 calls are not on the list. Additionally, the ...
Recently, the Honorable Travis L. Francis, A.J.S.C. ruled that the Township of Old Bridge must release dash camera footage that depicts the Police Director of Carteret engaged in a DWI violation. Judge Francis ruled that dash camera footage is not a criminal investigatory record and that it did not pertain to a criminal investigation.
Pashman Stein Walder Hayden P.C. attorney CJ Griffin represented Mr. Wronko in this matter.
Our firm is proud of the results it has achieved for clients, some of which are noted here. Of course, each legal matter is unique on many levels, and past successes ...
The following article was posted on Northjersey.com on November 9, 2016 edition. It describes an argument before the New Jersey Supreme Court in one of the most consequential Open Public Records Act cases in State history. Our partner Sam Samaro is lead counsel for North Jersey Media Group and our firm spearheaded the appeal.
In one of the biggest legal battles over government transparency in New Jersey, the state Supreme Court is poised to determine how much information the public receives in the hours and days after police officers use fatal force.
A key question in the case is whether ...
The Press of Atlantic City published a profile on John Paff, a well-known transparency advocate and a firm client. Pashman Stein Walder Hayden attorney CJ Griffin is also quoted in the article, as well as one of the firm’s other clients, Harry Scheeler. This article nicely demonstrates the need for transparency and the critical role that Mr. Paff has played in shaping the scope of OPRA.
OPRA provides that a public agency must grant access to a record “as soon as possible, but not later than 7 business days after receiving a request.” Public agencies also are required to make other records available “immediately,” which should mean that you can walk into town hall and obtain a copy or at least receive a copy within 24 hours. Those records include “budgets, bills, vouchers, contracts, including collective negotiations agreements and individual employment contracts, and public employee salary and overtime information.”
Most people who have filed OPRA ...
