On January 12, 2009, the Asbury Park Press ran a story (see below) about a former Oceanport councilman being fined $1,000 for a knowing and willful violation of the Open Public Records Act. I have obtained the Judge’s written decision and have put it on-line here. —————Former councilman fined $1,000 for violating public-records law By […]
Posted inNJ Open Government Notes
Bergen Judge defines Attorney’s and Clerk’s role under OPRA
In an unpublished trial court decision released today, Bergen County Superior Court Assignment Judge Peter E. Doyne denied Paramus Borough’s lawsuit seeking a declaration that the Borough Attorney must review all non-routine OPRA requests submitted to the Borough Clerk. The decision is here. Originally distributed on January 13, 2009
Posted inNJ Open Government Notes
How many members make a borough council “meeting” under the OPMA?
According to statute, a borough’s municipal governing body consist of an elected mayor plus six elected council members, for a total of seven. N.J.S.A. 40A:60-2. A quorum consists either of four members of council or the mayor plus three members of council. N.J.S.A. 40A:60-3(d). I’m trying to understand exactly how many members of a borough […]
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The OPRA request form works both ways
I am getting a bit frustrated with records custodians who, on one hand, won’t honor records requests that are not on their “official” request forms, but then do not use the forms themselves to reply to a request. Here is my note today to Teaneck Township Clerk Lissette Aportela-Hernandez. Teaneck’s OPRA request form here. In […]
Posted inNJ Open Government Notes
Keyport OPMA/OPRA suit in today’s paper
The following article appeared in today’s Asbury Park Press. Judge Lawson’s opinion, along with the trial briefs, exhibits and other case documents are on-line here. (file is about 2.5 MB). ———————————– Judge rules in favor of citizen’s OPRA requestBy Jim McConville • KEYPORT BUREAU • January 17, 2009 KEYPORT — A state Superior Court judge […]