A Capehart Scatchard Blog

Tag: OPRA

Attorney’s Fees Denied in OPRA Case for Failure to Cooperate

On April 24, 2017, the New Jersey Superior Court, Camden County, denied a plaintiff’s request for attorney’s fees under the Open Public Records Act (“OPRA”) in the case Grieco v. Borough of Haddon Heights. The Court determined that the public entity inadvertently omitted a record in response to the plaintiff’s OPRA request and that she made no attempt to cooperate with the agency to acquire the missing document prior to initiating a formal lawsuit. Heather Grieco submitted an OPRA request to the Borough of Haddon Heights (“Borough”) seeking notices to newspapers for all council meetings from November 1, 2014 to April […]

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Appellate Division Rules in Favor of Public Entities in Two OPRA Cases Involving Redactions

By on January 24, 2017 in Open Public Records Act with 0 Comments

On January 13 and 19, 2017, the New Jersey Appellate Division issued two unpublished decisions in the favor of public entities regarding redactions made to documents disclosed pursuant to the Open Public Records Act (“OPRA”). These cases clarify what information may be redacted from government records when released under OPRA. Public agencies, including school districts and charter schools, must comply with OPRA, which requires disclosure of a government record unless a specific exception applies. An individual who believes that a public agency improperly denied his or her OPRA request may challenge that determination by filing a complaint in Superior Court […]

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OPRA Does Not Require Public Entities to Create Records Not Already in Existence

In a published decision dated April 18, 2016, the New Jersey Appellate Division in Paff v. Galloway Township upheld a public entity’s denial of an Open Public Records Act (“OPRA”) request for email logs, finding that OPRA creates no obligation on the public entity to create new records that do not already exist. Plaintiff submitted an OPRA request to Galloway Township (“Township”) for an itemized list showing the sender, recipient, date, and subject of all emails sent by the Township’s Clerk and Chief of Police for a certain time period. It is important to note that Plaintiff requested logs of the […]

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OPRA Does Not Authorize Anonymous Filings in Superior Court

By on December 11, 2015 in Open Public Records Act with 0 Comments

In a published decision dated September 17, 2015, the New Jersey Appellate Division in A.A. v. Gramiccioni, et al., 442 N.J. Super. 276 (2015) affirmed the trial court’s determination that, under the New Jersey Open Public Records Act (“OPRA”), an individual may not anonymously file a complaint in Superior Court.  OPRA governs the public’s access to government records in New Jersey. Public agencies, including school districts and charter schools, must comply with OPRA, which requires disclosure of a government record unless a specific exception applies. An individual who believes that a public agency improperly denied his or her OPRA request may […]

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