Today, a three-judge Appellate Division panel, in a decision that is on-line here, rapped the GRC and its former Executive Director Brandon D. Minde for accepting the Attorney General’s “largely unresponsive, blanket and conclusionary assertion” as to the non-disclosability of 610 records that were responsive to Katon’s request. The panel also criticized the GRC for holding that records created after a decision was made were “pre-decisional” and for not requiring the Attorney General to provide privilege indexes for the documents it claimed were exempt from disclosure. The panel ruled that the GRC acted in manner “inconsistent with the GRC’s responsibilities.”
The panel vacated the bulk of the GRC’s July 23, 2013 order and remanded the matter back to it for a redo.