Blog Category: Municipal Government
Court Finds That Uncooperative OPRA Litigant is Not Entitled to Attorney’s Fees
May 22, 2017 | Written by: | Share
Typically, a prevailing party in a lawsuit seeking disclosure of records under the Open Public Records Act (OPRA) is entitled to attorney’s fees. N.J.S.A. 47:1A-6. However, the Court held in...
Appellate Division Confirms that Personal Information on OPRA Requests Is Protected from Public Disclosure
Apr 7, 2017 | Written by: | Share
The Appellate Division recently upheld a trial court’s determination that telephone numbers, home addresses, and email addresses of OPRA (Open Public Records Act) requestors could be redacted in...
NJ Legislature Considers OPRA Amendment to Limit Access to Personal Information and Alter Fee-Shifting Provision
Mar 2, 2017 | Written by: | Share
In February 2017, New Jersey Assembly Bill 4532 was introduced and subsequently voted out of the State and Local Government Committee. The bill would amend the Open Public Records Act (OPRA) by...
Appellate Division Broadens Rice Notice Requirements
Feb 22, 2017 | Written by: | Share
The Appellate Division recently broadened the circumstances under which a Rice Notice is required to be given to an employee. New Jersey requires public entities to provide employees with notice of a...
NJ Legislature Re-Considers Requirement for Municipalities to Publish Legal Notices in Newspapers
Dec 20, 2016 | Written by: | Share
On December 12, 2016, the New Jersey Legislature revived a six-year-old proposal to allow municipalities and other government agencies to forgo advertising legal notices in newspapers and, instead,...
Supreme Court to Alleviate Confusion Over Whether Police Dash Cam Recordings are Subject to OPRA
Dec 19, 2016 | Written by: | Share
The Appellate Division currently has conflicting decisions on whether police dash cam videos are subject to OPRA (Open Public Records Act). However, it is anticipated that this conflict will be...
Appellate Division Says COAH Rules and Regulations Do Not Support a “Gap” Period Affordable Housing Obligation
Jul 19, 2016 | Written by: | Share
The battle over New Jersey municipal affordable housing obligations continues, with municipalities on one side and Fair Share Housing Center (“FSHC”), the New Jersey Builder’s Association...
Appellate Division Addresses Township Liability for Falling Tree Limbs
May 23, 2016 | Written by: | Share
A recent Appellate Division case, Connor vs. Township of East Brunswick, determined two interesting issues pertaining to the dangers presented by publicly owned Bradford Pear and other ornamental and...
Legislative Summary: Selected Bills Recently Enacted as Public Laws That Relate to Local Units of Government
May 18, 2016 | Written by: | Share
Following is a brief summary of bills that were enacted as public laws by the New Jersey Legislature in late 2015/early 2016 and may be of interest to our municipal and public entity clients:
Municipalities Are Not Required to Create Email Logs in Response to OPRA Requests
Apr 20, 2016 | Written by: | Share
In April 2016, the Appellate Division unanimously held in the case of Paff v. Galloway Township (Docket No. A-0125-14T4) that the Open Public Records Act (OPRA) does not require a records custodian to...