Summer 2016 OPRA Court Opinions

Summer is typically a slow period for the New Jersey courts, but since Memorial Day of this year, there have been several important OPRA opinions and orders.

The Appellate Division issued a significant, published opinion in June. In Paff v. Ocean County Prosecutor, the court held that police vehicle dashcams are not covered by OPRA’s criminal investigatory exemption. The court also held that OPRA’s privacy exemption did not apply to drivers and passengers shown in these videos. As discussed here, this case is likely headed to the Supreme Court.

The Appellate Division also issued a few unpublished opinions that dealt with important OPRA topics:

North Jersey Media v. NJ Dept. of Law and Public Safety (names of State employees who seek legal representation or indemnification from the Attorney General are exempt)

NY Public Radio v. Gov. Office (outside activity records of public employees are exempt under OPRA and not disclosable under common law)

Brennan v. Bergen County Prosecutor (names and addresses of bidders at auction of sports memorabilia held exempt under privacy exemption)

In addition, during the summer the Supreme Court granted review in two OPRA cases:

Paff v. Galloway Twp. (whether OPRA requires public bodies to produce requested reports from the information contained in computer databases)

Verry v. Franklin Fire Dist. (whether a volunteer fire company that is a member of a Fire District is subject to OPRA)

 

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