The Supreme Court recently granted review of a case to determine whether a settlement agreement between a public body and its employee, which resolves an internal disciplinary action against that employee, is an exempt personnel record. Libertarians for Transparent Govt v. Cumberland County.

For many decades, it has been settled law in New Jersey that an internal disciplinary action taken by a public employer against its employee is a personnel record of that employee, and therefore cannot be disclosed. The Supreme Court would effectively abolish this rule if it were to determine that the internal resolution of such a disciplinary matter, through a settlement between the employer and employee, is not covered by OPRA’s personnel exemption.

Libertarians is the fourth OPRA matter currently pending before the Supreme Court.