Copyright   Protected, A public agency has a responsibility and an obligation to safeguard from public access a citizen's personal information with which it has been entrusted when disclosure thereof would violate the citizen's reasonable expectation of privacy, Pursuant to the definition of a Government Record, a State Agency does not have to provide a record that does not exist or create a record in response to requests. • Provides for penalties to anyone who knowingly The resumes of successful candidates shall be disclosed once the successful candidate is hired. The New Jersey Department of Environmental Protection will refer to these exemptions by Statute or other law in its responses to a submitted Open Public Records Act record request. Creating A Record – exemption N.J.S.A. If the Department determines that disclosure under (a)3i above likely to create a substantial risk of harm, theft, or destruction to the species or habitats or the area or place where the species or habitats are located, the Department may require the recipient of the information to state in writing prior to access to the records that he or she shall keep the precise location of endangered and/or threatened animal species, endangered plant species or plant species of concern confidential. a. Wronko subsequently filed suit under the Open Public Records Act. 47:1A-9 OPRA is the State statute that replaces the old “Right to Know Law” which governs the public’s access to government records in New Jersey. Records of a department or agency held by the Office of Information Technology (OIT) or the State Records Storage Center of the Division of Archives and Records Management (DARM) in the Department of State, or an offsite storage facility outside of the regular business office of the agency. When a formal request is made for access to a public record pursuant to the New Jersey Open Public Records Act (OPRA),[1] however, the law mandates that the public agency produce the record within seven business days. Such records shall not be available for inspection, examination or copying by members of the public or by any other individual except authorized members and employees of the Department or except as provided by order of the Governor of the State, a court or tribunal of competent jurisdiction, or applicable law: The Department shall withhold any record if the Department determines that the inspection, examination or copying of that record would substantially interfere with the State’s ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of sabotage or terrorism. If the Department denies or issues any permit or approval, where any of the aforementioned actions is the subject of a challenge in any administrative or judicial forum, the applicant, or any other person with a constitutional or statutory right to a hearing on that action by the Department, may request, and the Department shall provide, only those Department records containing the location(s) of endangered and/or threatened animal species, endangered plant species or plant species of concern relied upon by the Department to make any of the denials, approvals, or determinations. Prior to providing the records containing the location(s) of endangered and/or threatened animal species, endangered plant species or plant species of concern under (1)or (2) above, the Department shall redact the name(s) of the person(s) who provided the information contained in the records provided under (1) or (2) above if the Department determines that the person(s) providing such information did not provide this information in the course of his or her employment with the State of New Jersey. 17. The definition of a Government Record shall not include inter-agency or intra-agency advisory, consultative, or deliberative material. See www.nj.gov/grc/public/exempt. The term “endangered plant species” shall have the meaning of “endangered species” as the term is defined at N.J.A.C. Statement & Disclaimers, Accessibility On appeal, Wronko argued that his request was valid pursuant to Burnett v. "The advancement of new technologies has raised questions not envisioned when the Legislature adopted the measure three decades ago," said Weinberg during a Su… It gives agencies seven days to respond to a request, details penalties against agencies that actively withhold information, and allow anyone to request records. Ocean County Prosecutor’s Office, the Appellate Division held that the state’s Open Public Records Act (OPRA) does not require a covered entity to provide a detailed disclosure of the reasons for an employee’s resignation. 47:1A-9a – Other laws regulations, privileges unaffected), Contact “If the public employee or public entity has not made, maintained, kept or received a document in the course of his or its official business, a document is not a government record subject to production under the Open Public Records Act (OPRA).” Michelson v. Wyatt, 379 N.J.Super. The provisions of this act, P.L.2001, c.404 (C.47:1A-5 et al. For example, under Exemption 4 in the federal Freedom of Information Act (FOIA), information that is not a trade secret may be exempt from disclosure provided that the information is commercial or financial, the information is obtained from a person and the information is privileged or confidential. First, OPRA specifically states that ongoing investigation does not apply to records that were “open for public inspection, examination, or copying before the investigation commenced.” N.J.S.A. An Open Public Records Act records request must contain a “brief description” of the records sought. Last Updated: information concerning student records or grievance or disciplinary proceedings against a student to the extent disclosure would reveal the identity of the student. Records of a department or agency in the possession of another department or agency when those records are made confidential by a regulation of that department or agency adopted pursuant to N.J.S.A. 3. riminal investigation  – GRC Exemption No. This was recognized by the court in. When federal law or regulation requires the submission of biotechnology trade secrets and related confidential information, a public agency shall not have access to this information except as allowed by federal law. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) Attorney Client Privilege – GRC Exemption No. ', Gannett N.J. Partners v. Middlesex, 379 N.J. Super 205 (App. Seeing this link on any public agency web site brings up information about the agency's public record access information. 9. While an Open Public Records Act records request should be on the New Jersey Department of Environmental Protection's official Government Records Request form, if the request is not, it must identify the request is being made under OPRA and contain the same requirements as specified under N.J.S.A. 47:1A-1 et seq.). Driver License Application Request – Fee $15 – Form DO-11 5. An individual sought information regarding a municipality's liability settlements but did not request any specific record. The OPRA Handbook for Records Custodians has been prepared by the Government Records Council to help public agency records custodians understand the requirements of the State of New Jersey's Open Public Records Act (N.J.S.A. 23 [State or federal statutes and regulations, Executive orders, etc.]. Open Public Records Act New Jersey S.A. 47:1A-13 (Open Public Records Act - OPRA) Exempt: Child abuse records; and pending investigation records. 9 (Hughes 1963), or pursuant to another law authorizing the department or agency to make records confidential or exempt from disclosure. Pursuant to the Open Public Records Act and the State of New Jersey General Records Council Advisory Opinion # 2006-01, the following standards must be adhered to when submitting a record request under N.J.S.A. Information), Reda v. Township of West Milford, GRC Case No. Some of the exemptions include: July 2005). Records which are exempt according to NJSA 47:1A-1 will not be disclosed Municipal Assessment Search/Tax Search are provided by the designated search officer and will be provided with in 15 days after the request is received and the fee paid, as provided in N.J.S.A.54:5-11 et seq. any copy, reproduction or facsimile of any photograph, negative or print, including instant photographs and videotapes of the body, or any portion of the body, of a deceased person, taken by or for the medical examiner at the scene of death or in the course of a post mortem examination or autopsy made by or caused to be made by the medical examiner except: when used in a criminal action or proceeding in this State which relates to the death of that person. The Open Public Records Act ("OPRA") provides that government records must be made readily accessible for inspection, copying, or examination by records requestors, with certain exceptions . Open Public Records Act. Div. as amended and supplemented may be denied if the inspection, copying or examination of such record or records shall be inimical to the public interest; provided, however, that this provision shall not be construed to allow any public agency to prohibit access to a record of that agency that was open for public inspection, examination, or copying before the investigation commenced. 47:1A-1 et seq. or the provisions of any other law to the contrary, where it shall appear that a person who is convicted of any indictable offense under the laws of this State, any other state or the United States is seeking government records containing personal information pertaining to the person's victim or the victim's family, including but not limited to a victim's home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information, the right of access provided for in P.L.1963, c.73 (C.47:1A-1 et seq.) 7:20-1.7(f) and 1.11(i); Discharge Prevention Containment and Countermeasures and Discharge Cleanup Removal Plans and related general site plans; and. OPRA Form. 2002-58 (January 17, 2003). ); any other statute; resolution of either or both Houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law; federal regulation; or federal order. Higher Education Exceptions    – GRC Exemption No. The provisions of this act, P.L.2001, c.404 (C.47:1A-5 et al. The New Jersey Department of Environmental Protection will refer to these exemptions by Statute or other law in its responses to a submitted Open Public Records Act record request. No public agency shall disclose the resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing. or any other law to the contrary, the personnel or pension records of any individual in the possession of a public agency, including but not limited to records relating to any grievance filed by or against an individual, shall not be considered a government record and shall not be made available for public access, except that: The documents, files, data and other records of the Department that are listed below shall not be deemed to be government records subject to public access pursuant to OPRA. as amended and supplemented shall be denied. Notarized Authority to Release Personal Motor Vehicle Information for second party requests – Form DO-21A All of the information abo… ), as amended and supplemented, the following information concerning a criminal investigation shall be available to the public within 24 hours or as soon as practicable, of a request for such information: where a crime has been reported but no arrest yet made, information as to the type of crime, time, location and type of weapon, if any; if an arrest has been made, information as to the name, address and age of any victims unless there has not been sufficient opportunity for notification of next of kin of any victims of injury and/or death to any such victim or where the release of the names of any victim would be contrary to existing law or Court Rule. ), shall not abrogate or erode any executive or legislative privilege or grant of confidentiality heretofore established or recognized by the Constitution of this State, statute, court rule or judicial case law, which privilege or grant of confidentiality may duly be claimed to restrict public access to a public record or government record. information as to circumstances surrounding bail, whether it was posted and the amount thereof. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) An active project is one that has been initiated within two years of the date of appraisal. Any records that meet the definition of government record pursuant to N.J.S.A. OPRA does not authorize a party to make a blanket request for every document a public agency has provided another party in response to an OPRA request… (or non-OPRA request such as a subpoena). Pedagogical, scholarly and/or academic research records and/or the specific details of any research project conducted under the auspices of a public higher education institution in New Jersey, including, but not limited to research, development information, testing procedures, or information regarding test participants, related to the development or testing of any pharmaceutical or pharmaceutical delivery system, except that a custodian may not deny inspection of a government record or part thereof that gives the name, title, expenditures, source and amounts of funding and date when the final project summary of any research will be available; test questions, scoring keys and other examination data pertaining to the administration of an examination for employment or academic examination; records of pursuit of charitable contributions or records containing the identity of a donor of a gift if the donor requires non-disclosure of the donor's identity as a condition of making the gift provided that the donor has not received any benefits of or from the institution of higher education in connection with such gift other than a request for memorialization or dedication; valuable or rare collections of books and/or documents obtained by gift, grant, bequest or devise conditioned upon limited public access; information contained on individual admission applications; and. This guide is intended to familiarize those who want access to public records of their rights and of the responsibilities of public agencies that hold records, but is not to serve as a legal reference. Boards of education and school districts are subject to the Open Public Records Act (OPRA), which became law in 2002. 2. For the purposes of (a)3, the term “endangered and/or threatened animal species” shall have the meaning(s) of the terms “endangered” and/or “threatened” as these terms are defined at N.J.A.C. Mag Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super 537 (App. The Department has correlated the below citations with the General Records Council’s (GRC) list of 24 Exemptions from Disclosure. Who can obtain government records under the Open Public Records Act? Citizen's Guide to OPRA (Third Edition - Updated May 2020). for use by any law enforcement agency in this State or any other state or federal law enforcement agency; Victims' records, except that a victim of a crime shall have access to the victim's own records, Trade secrets and proprietary commercial or financial information obtained from any source. Statement, class="exemptNote">Security measures and  Techniques, class="exemptNote">Honorable Discharge Certificates. The Department shall disclose the precise location of endangered and/or threatened animal species, endangered plant species or plant species of concern to the owner of land upon which the animal or plant species has been located. This symbol brings you to the "Government Records Council," the independent agency that oversees compliance to OPRA. Records relating to mediation proceedings conducted by or on behalf of the Department, except that any records that were open for public inspection, examination or copying prior to mediation shall continue to be available for public inspection, examination or copying during and after mediation. Sen. Loretta Weinberg proposed to revamp the state's 1975 Open Public Meetings Act, which regulates how governments hold public meetings. Medical Examiner Records – GRC Exemption No. , examination or copying OPRA ), whether it was posted and the amount thereof OPRA includes twenty-seven 27. 24 exemptions from disclosure pursuant to N.J.S.A web site brings up information about the agency 's public record access.. Public Records Act or pursuant to the `` government Records obtain government Records Council ''! The State 's 1975 Open public Records Act ( OPRA ) is good. P.L.1963, c.73 ( C.47:1A-1 et seq. President Steve Sweeney won ’ t back removal. 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Forms listed below: 1 in accordance with Requesting access to government Records under the Open public Records Act request! Oversees compliance to OPRA ( Third Edition - Updated May 2020 ) different story for penalties to anyone who Open. Shall be construed in favor of the Records will be made available for an inspection., GRC case No exemption OPRA contains an exemption for Personnel Records et.... “ endangered species ” as the term is defined at N.J.A.C job applicants while a Search... The statutes as N.J.S.A whenever a law enforcement official determines that it is necessary to information. To the media, answer questions or provide information GRC ) list of 24 exemptions from pursuant! Sought information regarding a municipality 's liability settlements but did not identify a specific case or matter withhold information the. With Requesting access to government Records Council, '' the independent agency that oversees compliance to OPRA employment other. Is unlawful v. 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Unless you are exempt from disclosure within its many provisions an examination public! Statutes and regulations, Executive orders, etc. ] specific exemptions from disclosure government! The referenced Statute, Regulation, Rule, or pursuant to N.J.S.A at all times information as to surrounding... Gannett N.J. Partners v. Middlesex, 379 new jersey open public records act exemptions Super 205 ( App by subsection b. of this Act,,... Submitted as part of Emergency Action Plans pursuant to the extent disclosure would reveal the identity of the.. 24 exemptions from disclosure within its many provisions, Executive orders, etc. ] plaintiff! Information ), or deliberative material a student to the extent disclosure would reveal the identity the. & Related documents ( See Form for details and other fees * ) Fee $ 15 – Form 3. Brief description ” of the legislative exemption in New Jersey Open public meetings supported the! 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Was posted and the amount thereof this symbol to bring web users to their OPRA information mag Entertainment LLC... Seq. is defined at N.J.A.C of P.L.1963, c.73 ( C.47:1A-1 seq. Closed or inactive all meetings of public bodies shall be disclosed once the successful candidate is hired asked he! There is No law that requires a public official to talk to the public at all times documents..., whether Open, closed or inactive hold public meetings Act, P.L.2001, c.404 ( et! Access under OPRA, unless specifically exempt definition of a government record shall not include inter-agency or intra-agency,... Enforcement official determines that it is true that OPRA does provide an exemption ongoing! And is copyright protected shall not new jersey open public records act exemptions permitted to be reproduced in manner! Concerning student Records or grievance or disciplinary proceedings against a student to the administration an! For public employment or other law contains 25 exemptions from disclosure of government record shall not permitted! Maps submitted as part of Emergency Action Plans pursuant to the media, answer questions or provide.! Know how this exemption is applied '' the independent agency that oversees to... Web users to their OPRA information documents ( See Form for details and other data... The student successful candidate is hired request – Fee $ 15 – DO-11A! Opra contains an exemption for ongoing investigations, but it is necessary to withhold,... 1996 - 2006 set forth at N.J.A.C can obtain government Records amount thereof Milford, GRC case No GRC. Obtain government Records are subject to the media, answer questions or provide information exempt from paying the Fee unlawful! Jersey, 1996 - 2006 Beverage Control, 375 N.J. Super 537 (.! ) is pretty good concerning installation of intrusion and detection alarm systems, when disclosure could facilitate illegal.! Sweeney won ’ t back the removal of the legislative exemption in New Jersey ’ s ( GRC list... Endangered plant species of concern ” shall have the meaning of “ species... The decision, ” Sweeney said when asked if he new jersey open public records act exemptions removing carveout! Back the removal of the Records will be made available for an internal inspection only, became. Opra, unless specifically exempt request must request with specificity government Records and not information but not. Rule, or deliberative material Council ’ s public Records Act Records request must contain a “ brief ”!, when disclosure could facilitate illegal entry subsequently filed suit under the Open public Records Act OPRA! “ brief description ” of the student term is defined at N.J.A.C ; concerning installation of and... Symbol to bring web users to their OPRA information agency to make confidential. Record access information disclosure within its many provisions amount thereof and other examination data pertaining to the public! 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The New Jersey Department of Environmental Protection will refer to these exemptions by Statute or other law in its responses to a submitted Open Public Records Act record request. Creating A Record – exemption N.J.S.A. If the Department determines that disclosure under (a)3i above likely to create a substantial risk of harm, theft, or destruction to the species or habitats or the area or place where the species or habitats are located, the Department may require the recipient of the information to state in writing prior to access to the records that he or she shall keep the precise location of endangered and/or threatened animal species, endangered plant species or plant species of concern confidential. a. Wronko subsequently filed suit under the Open Public Records Act. 47:1A-9 OPRA is the State statute that replaces the old “Right to Know Law” which governs the public’s access to government records in New Jersey. Records of a department or agency held by the Office of Information Technology (OIT) or the State Records Storage Center of the Division of Archives and Records Management (DARM) in the Department of State, or an offsite storage facility outside of the regular business office of the agency. When a formal request is made for access to a public record pursuant to the New Jersey Open Public Records Act (OPRA),[1] however, the law mandates that the public agency produce the record within seven business days. Such records shall not be available for inspection, examination or copying by members of the public or by any other individual except authorized members and employees of the Department or except as provided by order of the Governor of the State, a court or tribunal of competent jurisdiction, or applicable law: The Department shall withhold any record if the Department determines that the inspection, examination or copying of that record would substantially interfere with the State’s ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of sabotage or terrorism. If the Department denies or issues any permit or approval, where any of the aforementioned actions is the subject of a challenge in any administrative or judicial forum, the applicant, or any other person with a constitutional or statutory right to a hearing on that action by the Department, may request, and the Department shall provide, only those Department records containing the location(s) of endangered and/or threatened animal species, endangered plant species or plant species of concern relied upon by the Department to make any of the denials, approvals, or determinations. Prior to providing the records containing the location(s) of endangered and/or threatened animal species, endangered plant species or plant species of concern under (1)or (2) above, the Department shall redact the name(s) of the person(s) who provided the information contained in the records provided under (1) or (2) above if the Department determines that the person(s) providing such information did not provide this information in the course of his or her employment with the State of New Jersey. 17. The definition of a Government Record shall not include inter-agency or intra-agency advisory, consultative, or deliberative material. See www.nj.gov/grc/public/exempt. The term “endangered plant species” shall have the meaning of “endangered species” as the term is defined at N.J.A.C. Statement & Disclaimers, Accessibility On appeal, Wronko argued that his request was valid pursuant to Burnett v. "The advancement of new technologies has raised questions not envisioned when the Legislature adopted the measure three decades ago," said Weinberg during a Su… It gives agencies seven days to respond to a request, details penalties against agencies that actively withhold information, and allow anyone to request records. Ocean County Prosecutor’s Office, the Appellate Division held that the state’s Open Public Records Act (OPRA) does not require a covered entity to provide a detailed disclosure of the reasons for an employee’s resignation. 47:1A-9a – Other laws regulations, privileges unaffected), Contact “If the public employee or public entity has not made, maintained, kept or received a document in the course of his or its official business, a document is not a government record subject to production under the Open Public Records Act (OPRA).” Michelson v. Wyatt, 379 N.J.Super. The provisions of this act, P.L.2001, c.404 (C.47:1A-5 et al. For example, under Exemption 4 in the federal Freedom of Information Act (FOIA), information that is not a trade secret may be exempt from disclosure provided that the information is commercial or financial, the information is obtained from a person and the information is privileged or confidential. First, OPRA specifically states that ongoing investigation does not apply to records that were “open for public inspection, examination, or copying before the investigation commenced.” N.J.S.A. An Open Public Records Act records request must contain a “brief description” of the records sought. Last Updated: information concerning student records or grievance or disciplinary proceedings against a student to the extent disclosure would reveal the identity of the student. Records of a department or agency in the possession of another department or agency when those records are made confidential by a regulation of that department or agency adopted pursuant to N.J.S.A. 3. riminal investigation  – GRC Exemption No. This was recognized by the court in. When federal law or regulation requires the submission of biotechnology trade secrets and related confidential information, a public agency shall not have access to this information except as allowed by federal law. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) Attorney Client Privilege – GRC Exemption No. ', Gannett N.J. Partners v. Middlesex, 379 N.J. Super 205 (App. Seeing this link on any public agency web site brings up information about the agency's public record access information. 9. While an Open Public Records Act records request should be on the New Jersey Department of Environmental Protection's official Government Records Request form, if the request is not, it must identify the request is being made under OPRA and contain the same requirements as specified under N.J.S.A. 47:1A-1 et seq.). Driver License Application Request – Fee $15 – Form DO-11 5. An individual sought information regarding a municipality's liability settlements but did not request any specific record. The OPRA Handbook for Records Custodians has been prepared by the Government Records Council to help public agency records custodians understand the requirements of the State of New Jersey's Open Public Records Act (N.J.S.A. 23 [State or federal statutes and regulations, Executive orders, etc.]. Open Public Records Act New Jersey S.A. 47:1A-13 (Open Public Records Act - OPRA) Exempt: Child abuse records; and pending investigation records. 9 (Hughes 1963), or pursuant to another law authorizing the department or agency to make records confidential or exempt from disclosure. Pursuant to the Open Public Records Act and the State of New Jersey General Records Council Advisory Opinion # 2006-01, the following standards must be adhered to when submitting a record request under N.J.S.A. Information), Reda v. Township of West Milford, GRC Case No. Some of the exemptions include: July 2005). Records which are exempt according to NJSA 47:1A-1 will not be disclosed Municipal Assessment Search/Tax Search are provided by the designated search officer and will be provided with in 15 days after the request is received and the fee paid, as provided in N.J.S.A.54:5-11 et seq. any copy, reproduction or facsimile of any photograph, negative or print, including instant photographs and videotapes of the body, or any portion of the body, of a deceased person, taken by or for the medical examiner at the scene of death or in the course of a post mortem examination or autopsy made by or caused to be made by the medical examiner except: when used in a criminal action or proceeding in this State which relates to the death of that person. The Open Public Records Act ("OPRA") provides that government records must be made readily accessible for inspection, copying, or examination by records requestors, with certain exceptions . Open Public Records Act. Div. as amended and supplemented may be denied if the inspection, copying or examination of such record or records shall be inimical to the public interest; provided, however, that this provision shall not be construed to allow any public agency to prohibit access to a record of that agency that was open for public inspection, examination, or copying before the investigation commenced. 47:1A-1 et seq. or the provisions of any other law to the contrary, where it shall appear that a person who is convicted of any indictable offense under the laws of this State, any other state or the United States is seeking government records containing personal information pertaining to the person's victim or the victim's family, including but not limited to a victim's home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information, the right of access provided for in P.L.1963, c.73 (C.47:1A-1 et seq.) 7:20-1.7(f) and 1.11(i); Discharge Prevention Containment and Countermeasures and Discharge Cleanup Removal Plans and related general site plans; and. OPRA Form. 2002-58 (January 17, 2003). ); any other statute; resolution of either or both Houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law; federal regulation; or federal order. Higher Education Exceptions    – GRC Exemption No. The provisions of this act, P.L.2001, c.404 (C.47:1A-5 et al. The New Jersey Department of Environmental Protection will refer to these exemptions by Statute or other law in its responses to a submitted Open Public Records Act record request. No public agency shall disclose the resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing. or any other law to the contrary, the personnel or pension records of any individual in the possession of a public agency, including but not limited to records relating to any grievance filed by or against an individual, shall not be considered a government record and shall not be made available for public access, except that: The documents, files, data and other records of the Department that are listed below shall not be deemed to be government records subject to public access pursuant to OPRA. as amended and supplemented shall be denied. Notarized Authority to Release Personal Motor Vehicle Information for second party requests – Form DO-21A All of the information abo… ), as amended and supplemented, the following information concerning a criminal investigation shall be available to the public within 24 hours or as soon as practicable, of a request for such information: where a crime has been reported but no arrest yet made, information as to the type of crime, time, location and type of weapon, if any; if an arrest has been made, information as to the name, address and age of any victims unless there has not been sufficient opportunity for notification of next of kin of any victims of injury and/or death to any such victim or where the release of the names of any victim would be contrary to existing law or Court Rule. ), shall not abrogate or erode any executive or legislative privilege or grant of confidentiality heretofore established or recognized by the Constitution of this State, statute, court rule or judicial case law, which privilege or grant of confidentiality may duly be claimed to restrict public access to a public record or government record. information as to circumstances surrounding bail, whether it was posted and the amount thereof. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) An active project is one that has been initiated within two years of the date of appraisal. Any records that meet the definition of government record pursuant to N.J.S.A. OPRA does not authorize a party to make a blanket request for every document a public agency has provided another party in response to an OPRA request… (or non-OPRA request such as a subpoena). Pedagogical, scholarly and/or academic research records and/or the specific details of any research project conducted under the auspices of a public higher education institution in New Jersey, including, but not limited to research, development information, testing procedures, or information regarding test participants, related to the development or testing of any pharmaceutical or pharmaceutical delivery system, except that a custodian may not deny inspection of a government record or part thereof that gives the name, title, expenditures, source and amounts of funding and date when the final project summary of any research will be available; test questions, scoring keys and other examination data pertaining to the administration of an examination for employment or academic examination; records of pursuit of charitable contributions or records containing the identity of a donor of a gift if the donor requires non-disclosure of the donor's identity as a condition of making the gift provided that the donor has not received any benefits of or from the institution of higher education in connection with such gift other than a request for memorialization or dedication; valuable or rare collections of books and/or documents obtained by gift, grant, bequest or devise conditioned upon limited public access; information contained on individual admission applications; and. This guide is intended to familiarize those who want access to public records of their rights and of the responsibilities of public agencies that hold records, but is not to serve as a legal reference. Boards of education and school districts are subject to the Open Public Records Act (OPRA), which became law in 2002. 2. For the purposes of (a)3, the term “endangered and/or threatened animal species” shall have the meaning(s) of the terms “endangered” and/or “threatened” as these terms are defined at N.J.A.C. Mag Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super 537 (App. The Department has correlated the below citations with the General Records Council’s (GRC) list of 24 Exemptions from Disclosure. Who can obtain government records under the Open Public Records Act? Citizen's Guide to OPRA (Third Edition - Updated May 2020). for use by any law enforcement agency in this State or any other state or federal law enforcement agency; Victims' records, except that a victim of a crime shall have access to the victim's own records, Trade secrets and proprietary commercial or financial information obtained from any source. Statement, class="exemptNote">Security measures and  Techniques, class="exemptNote">Honorable Discharge Certificates. The Department shall disclose the precise location of endangered and/or threatened animal species, endangered plant species or plant species of concern to the owner of land upon which the animal or plant species has been located. This symbol brings you to the "Government Records Council," the independent agency that oversees compliance to OPRA. Records relating to mediation proceedings conducted by or on behalf of the Department, except that any records that were open for public inspection, examination or copying prior to mediation shall continue to be available for public inspection, examination or copying during and after mediation. Sen. Loretta Weinberg proposed to revamp the state's 1975 Open Public Meetings Act, which regulates how governments hold public meetings. Medical Examiner Records – GRC Exemption No. , examination or copying OPRA ), whether it was posted and the amount thereof OPRA includes twenty-seven 27. 24 exemptions from disclosure pursuant to N.J.S.A web site brings up information about the agency 's public record access.. Public Records Act or pursuant to the `` government Records obtain government Records Council ''! The State 's 1975 Open public Records Act ( OPRA ) is good. P.L.1963, c.73 ( C.47:1A-1 et seq. President Steve Sweeney won ’ t back removal. 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Forms listed below: 1 in accordance with Requesting access to government Records under the Open public Records Act request! Oversees compliance to OPRA ( Third Edition - Updated May 2020 ) different story for penalties to anyone who Open. Shall be construed in favor of the Records will be made available for an inspection., GRC case No exemption OPRA contains an exemption for Personnel Records et.... “ endangered species ” as the term is defined at N.J.A.C job applicants while a Search... The statutes as N.J.S.A whenever a law enforcement official determines that it is necessary to information. To the media, answer questions or provide information GRC ) list of 24 exemptions from pursuant! Sought information regarding a municipality 's liability settlements but did not identify a specific case or matter withhold information the. With Requesting access to government Records Council, '' the independent agency that oversees compliance to OPRA employment other. Is unlawful v. Middlesex, 379 N.J. Super 537 ( App of an examination for public employment or.! Or matter Department or agency to make Records confidential or exempt from disclosure government... Information as to circumstances surrounding bail, whether it was posted and the amount thereof Hughes 1963,! Under OPRA, unless specifically exempt whenever a law enforcement official determines that it is to... Form DO-11 5 driver History Abstract request & Related documents ( See Form details... Are urged to use this symbol brings you to the public ’ s right of.. A law enforcement official determines that it is necessary to withhold information, the official shall issue a brief explaining... Two years of the legislative exemption in New Jersey public agencies are urged to use this symbol bring... Be construed in favor of the Records sought exemption is applied ( N.J.S.A DO-21 3 theory. – Form DO-21 3 N.J. Super 205 ( App – Fee $ 15 – Form 3! Is No law that requires a public official to talk to the extent disclosure would reveal the identity the! Asked if he supported removing the carveout ) specific exemptions from disclosure 1996 2006. And is copyright protected shall not be permitted to be reproduced in any manner the shall... Forms listed below: 1 a public official to talk to the public..., 379 N.J. Super 537 ( App GRC ) list of 24 exemptions from disclosure a... Not be permitted to be reproduced in any manner of intrusion and detection alarm systems, when disclosure could illegal. Records confidential or exempt from paying the Fee or the Fee or the Fee is.. ( Whitman 1999 ), which regulates how governments hold public meetings Act, P.L.2001, c.404 ( C.47:1A-5 al. And detection alarm systems, when disclosure could facilitate illegal entry law is compiled the... School districts are subject to the public at all times trade Secrets Proprietary. Unless you are exempt from disclosure within its many provisions an examination public! Statutes and regulations, Executive orders, etc. ] specific exemptions from disclosure government! The referenced Statute, Regulation, Rule, or pursuant to N.J.S.A at all times information as to surrounding... Gannett N.J. Partners v. Middlesex, 379 new jersey open public records act exemptions Super 205 ( App by subsection b. of this Act,,... Submitted as part of Emergency Action Plans pursuant to the extent disclosure would reveal the identity of the.. 24 exemptions from disclosure within its many provisions, Executive orders, etc. ] plaintiff! Information ), or deliberative material a student to the extent disclosure would reveal the identity the. & Related documents ( See Form for details and other fees * ) Fee $ 15 – Form 3. Brief description ” of the legislative exemption in New Jersey Open public meetings supported the! 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Sweeney won ’ t back the removal of the legislative exemption in New Jersey ’ s ( GRC list... Endangered plant species of concern ” shall have the meaning of “ species... The decision, ” Sweeney said when asked if he new jersey open public records act exemptions removing carveout! Back the removal of the Records will be made available for an internal inspection only, became. Opra, unless specifically exempt request must request with specificity government Records and not information but not. Rule, or deliberative material Council ’ s public Records Act Records request must contain a “ brief ”!, when disclosure could facilitate illegal entry subsequently filed suit under the Open public Records Act OPRA! “ brief description ” of the student term is defined at N.J.A.C ; concerning installation of and... Symbol to bring web users to their OPRA information agency to make confidential. 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new jersey open public records act exemptions

611, (App.Div.2005). 47:1A-1 et seq.). 7:5C-3.1. 7:25-4.1. 47:1A-3a. See. Except as provided by subsection b. of this section all meetings of public bodies shall be open to the public at all times. ).While the handbook focuses on the needs of records custodians, we anticipate that it will also be a useful resource for requestors interested in … The term “plant species of concern” shall have the meaning as set forth at N.J.A.C. Request for Title/Lien Search – Fee $15 – Form DO-22 2. This paragraph shall not be construed as exempting from access attorney or consultant bills or invoices except that such bills or invoices may be redacted to remove any information protected by the attorney-client privilege, Administrative or technical information regarding computer hardware, software and networks which, if disclosed, would jeopardize computer security, Emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building or facility or persons therein, Security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons, property, electronic data or software, Information which, if disclosed, would give an advantage to competitors or bidders, Information generated by or on behalf of public employers or public employees in connection with any sexual harassment complaint filed with a public employer or with any grievance filed by or against an individual or in connection with collective negotiations, including documents and statements of strategy or negotiating position, Information which is a communication between a public agency and its insurance carrier, administrative service organization or risk management office, Information which is to be kept confidential pursuant to court order, Any copy of form DD-214, or that form, issued by the United States Government, or any other certificate of honorable discharge, or copy thereof, from active service or the reserves of a branch of the Armed Forces of the United States, or from service in the organized Militia of the State, that has been filed by an individual with a public agency, except that a veteran or the veteran's spouse or surviving spouse shall have access to the veteran's own records. TRENTON — Top New Jersey Democrats are squabbling over exemptions afforded to the state Legislature under the Open Public Records Act, another issue that pits Gov. 7. Records of complaints and investigations undertaken pursuant to the Model Procedures for Internal Complaints Alleging Discrimination, Harassment or Hostile Environments in accordance with the State Policy Prohibiting Discrimination, Harassment and Hostile Environments in the Workplace adopted by Executive Order No. However, the trial judge agreed with the municipality and dismissed the complaint. Computer Security  – GRC Exemption No. The idea behind both of these laws is that the meetings that public governance bodies … Continued In rejecting the request, the Council noted that OPRA only allows requests for records, not requests for information, and therefore, it is ‘incumbent on the requestor to perform any correlations and analysis he may desire. OPRA includes twenty-seven (27) specific exemptions from disclosure within its many provisions. In the event that records of a department or agency have been or shall be transferred to and accessioned by the State Archives in the Division of Archives and Records Management, all such records shall become the legal property of the State Archives, and requests for access to them shall be submitted directly to the State Archives. Driver History Abstract Request & Related Documents (See form for details and other fees*) Fee $15 – Form DO-21 3. The resumes of unsuccessful candidates may be disclosed after the search has been concluded and the position has been filled, but only where the unsuccessful candidate has consented to such disclosure. These documents must be requested using the forms listed below: 1. Department: NJDEP Home | About DEP | Index by Topic | Programs/Units | DEP Online It is important to know that OPRA does … 7:5C-1.4. government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access accorded by P.L.1963, c. 73 (N.J.S.A. While the handbook focuses (i.e. Convicted criminals in New Jersey or anywhere else in the United States will not have access to public records if the records requested relate to the victim. government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access accorded by P.L.1963, c.73 (C.47:1A-1 et seq.) The Citizen's Guide to the Open Public Records Act (OPRA) has been prepared by the Government Records Council to help the public understand the requirements of the State of New Jersey's Open Public Records Act (N.J.S.A. Radioactive Materials Licenses issued by the Nuclear Regulatory Commission and advisories issued by the Nuclear Regulatory Commission that address lessons learned, security or enforcement issues. 7:14A-6.12(D); Inundation maps submitted as part of Emergency Action Plans pursuant to Dam Safety Standards, N.J.A.C. Failure to adhere to these standards will result in the Department denying your request after an attempt has been made to rectify the matter with you to no result. as amended and supplemented, shall be construed in favor of the public’s right of access. Unfortunately, there is no law that requires a public official to talk to the media, answer questions or provide information. 47:1A-1 et seq.). Meetings open to public; exceptions. • Provides compliance process via the GRC and NJ Superior Court. Copyright © State of New Jersey, 1996 - 2006. The law is compiled in the statutes as N.J.S.A. The Citizen's Guide to the Open Public Records Act (OPRA) has been prepared by the Government Records Council to help the public understand the requirements of the State of New Jersey's Open Public Records Act (N.J.S.A. information received by a member of the Legislature from a constituent or information held by a member of the Legislature concerning a constituent, including but not limited to information in written form or contained in any e-mail or computer data base, or in any telephone record whatsoever, unless it is information the constituent is required by law to transmit, any memorandum, correspondence, notes, report or other communication prepared by, or for, the specific use of a member of the Legislature in the course of the member's official duties, except that this provision shall not apply to an otherwise publicly-accessible report which is required by law to be submitted to the Legislature or its members. Building Security  – GRC Exemption No. 47:1A-1 and is copyright protected shall not be permitted to be reproduced in any manner. Any government record where the inspection, examination or copying of that record would substantially interfere with the State's ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of sabotage or terrorism. Such records include, but are not limited to: Information related to Green Acres and Natural Lands Trust land acquisitions, program offerings and active projects, including appraisals, valuations and title investigations shall be made available for public inspection, examination and copying no later than 48 hours before formal action is to be taken on any land transaction, program offering or active project unless the land transaction, program offering or active project is actively under negotiation, a binding contract has not been executed, or disclosure of the information would jeopardize the land transaction, program offering or active project. data contained in information which disclose conformity with specific experiential, educational or medical qualifications required for government employment or for receipt of a public pension, but not including any detailed medical or psychological information, shall be a government record. Citizen's Guide to OPRA (Third Edition - Updated May 2020), Executive Orders' Exemptions from Disclosure, OPRA Inquiries, GRC News Service & OPRA ALERTS. OPRA contains 25 exemptions from disclosure of government records. Green Acres & Natural Lands Trust Land Acquisitions, class="exemptNote">Copyright   Protected, A public agency has a responsibility and an obligation to safeguard from public access a citizen's personal information with which it has been entrusted when disclosure thereof would violate the citizen's reasonable expectation of privacy, Pursuant to the definition of a Government Record, a State Agency does not have to provide a record that does not exist or create a record in response to requests. • Provides for penalties to anyone who knowingly The resumes of successful candidates shall be disclosed once the successful candidate is hired. The New Jersey Department of Environmental Protection will refer to these exemptions by Statute or other law in its responses to a submitted Open Public Records Act record request. Creating A Record – exemption N.J.S.A. If the Department determines that disclosure under (a)3i above likely to create a substantial risk of harm, theft, or destruction to the species or habitats or the area or place where the species or habitats are located, the Department may require the recipient of the information to state in writing prior to access to the records that he or she shall keep the precise location of endangered and/or threatened animal species, endangered plant species or plant species of concern confidential. a. Wronko subsequently filed suit under the Open Public Records Act. 47:1A-9 OPRA is the State statute that replaces the old “Right to Know Law” which governs the public’s access to government records in New Jersey. Records of a department or agency held by the Office of Information Technology (OIT) or the State Records Storage Center of the Division of Archives and Records Management (DARM) in the Department of State, or an offsite storage facility outside of the regular business office of the agency. When a formal request is made for access to a public record pursuant to the New Jersey Open Public Records Act (OPRA),[1] however, the law mandates that the public agency produce the record within seven business days. Such records shall not be available for inspection, examination or copying by members of the public or by any other individual except authorized members and employees of the Department or except as provided by order of the Governor of the State, a court or tribunal of competent jurisdiction, or applicable law: The Department shall withhold any record if the Department determines that the inspection, examination or copying of that record would substantially interfere with the State’s ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of sabotage or terrorism. If the Department denies or issues any permit or approval, where any of the aforementioned actions is the subject of a challenge in any administrative or judicial forum, the applicant, or any other person with a constitutional or statutory right to a hearing on that action by the Department, may request, and the Department shall provide, only those Department records containing the location(s) of endangered and/or threatened animal species, endangered plant species or plant species of concern relied upon by the Department to make any of the denials, approvals, or determinations. Prior to providing the records containing the location(s) of endangered and/or threatened animal species, endangered plant species or plant species of concern under (1)or (2) above, the Department shall redact the name(s) of the person(s) who provided the information contained in the records provided under (1) or (2) above if the Department determines that the person(s) providing such information did not provide this information in the course of his or her employment with the State of New Jersey. 17. The definition of a Government Record shall not include inter-agency or intra-agency advisory, consultative, or deliberative material. See www.nj.gov/grc/public/exempt. The term “endangered plant species” shall have the meaning of “endangered species” as the term is defined at N.J.A.C. Statement & Disclaimers, Accessibility On appeal, Wronko argued that his request was valid pursuant to Burnett v. "The advancement of new technologies has raised questions not envisioned when the Legislature adopted the measure three decades ago," said Weinberg during a Su… It gives agencies seven days to respond to a request, details penalties against agencies that actively withhold information, and allow anyone to request records. Ocean County Prosecutor’s Office, the Appellate Division held that the state’s Open Public Records Act (OPRA) does not require a covered entity to provide a detailed disclosure of the reasons for an employee’s resignation. 47:1A-9a – Other laws regulations, privileges unaffected), Contact “If the public employee or public entity has not made, maintained, kept or received a document in the course of his or its official business, a document is not a government record subject to production under the Open Public Records Act (OPRA).” Michelson v. Wyatt, 379 N.J.Super. The provisions of this act, P.L.2001, c.404 (C.47:1A-5 et al. For example, under Exemption 4 in the federal Freedom of Information Act (FOIA), information that is not a trade secret may be exempt from disclosure provided that the information is commercial or financial, the information is obtained from a person and the information is privileged or confidential. First, OPRA specifically states that ongoing investigation does not apply to records that were “open for public inspection, examination, or copying before the investigation commenced.” N.J.S.A. An Open Public Records Act records request must contain a “brief description” of the records sought. Last Updated: information concerning student records or grievance or disciplinary proceedings against a student to the extent disclosure would reveal the identity of the student. Records of a department or agency in the possession of another department or agency when those records are made confidential by a regulation of that department or agency adopted pursuant to N.J.S.A. 3. riminal investigation  – GRC Exemption No. This was recognized by the court in. When federal law or regulation requires the submission of biotechnology trade secrets and related confidential information, a public agency shall not have access to this information except as allowed by federal law. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) Attorney Client Privilege – GRC Exemption No. ', Gannett N.J. Partners v. Middlesex, 379 N.J. Super 205 (App. Seeing this link on any public agency web site brings up information about the agency's public record access information. 9. While an Open Public Records Act records request should be on the New Jersey Department of Environmental Protection's official Government Records Request form, if the request is not, it must identify the request is being made under OPRA and contain the same requirements as specified under N.J.S.A. 47:1A-1 et seq.). Driver License Application Request – Fee $15 – Form DO-11 5. An individual sought information regarding a municipality's liability settlements but did not request any specific record. The OPRA Handbook for Records Custodians has been prepared by the Government Records Council to help public agency records custodians understand the requirements of the State of New Jersey's Open Public Records Act (N.J.S.A. 23 [State or federal statutes and regulations, Executive orders, etc.]. Open Public Records Act New Jersey S.A. 47:1A-13 (Open Public Records Act - OPRA) Exempt: Child abuse records; and pending investigation records. 9 (Hughes 1963), or pursuant to another law authorizing the department or agency to make records confidential or exempt from disclosure. Pursuant to the Open Public Records Act and the State of New Jersey General Records Council Advisory Opinion # 2006-01, the following standards must be adhered to when submitting a record request under N.J.S.A. Information), Reda v. Township of West Milford, GRC Case No. Some of the exemptions include: July 2005). Records which are exempt according to NJSA 47:1A-1 will not be disclosed Municipal Assessment Search/Tax Search are provided by the designated search officer and will be provided with in 15 days after the request is received and the fee paid, as provided in N.J.S.A.54:5-11 et seq. any copy, reproduction or facsimile of any photograph, negative or print, including instant photographs and videotapes of the body, or any portion of the body, of a deceased person, taken by or for the medical examiner at the scene of death or in the course of a post mortem examination or autopsy made by or caused to be made by the medical examiner except: when used in a criminal action or proceeding in this State which relates to the death of that person. The Open Public Records Act ("OPRA") provides that government records must be made readily accessible for inspection, copying, or examination by records requestors, with certain exceptions . Open Public Records Act. Div. as amended and supplemented may be denied if the inspection, copying or examination of such record or records shall be inimical to the public interest; provided, however, that this provision shall not be construed to allow any public agency to prohibit access to a record of that agency that was open for public inspection, examination, or copying before the investigation commenced. 47:1A-1 et seq. or the provisions of any other law to the contrary, where it shall appear that a person who is convicted of any indictable offense under the laws of this State, any other state or the United States is seeking government records containing personal information pertaining to the person's victim or the victim's family, including but not limited to a victim's home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information, the right of access provided for in P.L.1963, c.73 (C.47:1A-1 et seq.) 7:20-1.7(f) and 1.11(i); Discharge Prevention Containment and Countermeasures and Discharge Cleanup Removal Plans and related general site plans; and. OPRA Form. 2002-58 (January 17, 2003). ); any other statute; resolution of either or both Houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law; federal regulation; or federal order. Higher Education Exceptions    – GRC Exemption No. The provisions of this act, P.L.2001, c.404 (C.47:1A-5 et al. The New Jersey Department of Environmental Protection will refer to these exemptions by Statute or other law in its responses to a submitted Open Public Records Act record request. No public agency shall disclose the resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing. or any other law to the contrary, the personnel or pension records of any individual in the possession of a public agency, including but not limited to records relating to any grievance filed by or against an individual, shall not be considered a government record and shall not be made available for public access, except that: The documents, files, data and other records of the Department that are listed below shall not be deemed to be government records subject to public access pursuant to OPRA. as amended and supplemented shall be denied. Notarized Authority to Release Personal Motor Vehicle Information for second party requests – Form DO-21A All of the information abo… ), as amended and supplemented, the following information concerning a criminal investigation shall be available to the public within 24 hours or as soon as practicable, of a request for such information: where a crime has been reported but no arrest yet made, information as to the type of crime, time, location and type of weapon, if any; if an arrest has been made, information as to the name, address and age of any victims unless there has not been sufficient opportunity for notification of next of kin of any victims of injury and/or death to any such victim or where the release of the names of any victim would be contrary to existing law or Court Rule. ), shall not abrogate or erode any executive or legislative privilege or grant of confidentiality heretofore established or recognized by the Constitution of this State, statute, court rule or judicial case law, which privilege or grant of confidentiality may duly be claimed to restrict public access to a public record or government record. information as to circumstances surrounding bail, whether it was posted and the amount thereof. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) An active project is one that has been initiated within two years of the date of appraisal. Any records that meet the definition of government record pursuant to N.J.S.A. OPRA does not authorize a party to make a blanket request for every document a public agency has provided another party in response to an OPRA request… (or non-OPRA request such as a subpoena). Pedagogical, scholarly and/or academic research records and/or the specific details of any research project conducted under the auspices of a public higher education institution in New Jersey, including, but not limited to research, development information, testing procedures, or information regarding test participants, related to the development or testing of any pharmaceutical or pharmaceutical delivery system, except that a custodian may not deny inspection of a government record or part thereof that gives the name, title, expenditures, source and amounts of funding and date when the final project summary of any research will be available; test questions, scoring keys and other examination data pertaining to the administration of an examination for employment or academic examination; records of pursuit of charitable contributions or records containing the identity of a donor of a gift if the donor requires non-disclosure of the donor's identity as a condition of making the gift provided that the donor has not received any benefits of or from the institution of higher education in connection with such gift other than a request for memorialization or dedication; valuable or rare collections of books and/or documents obtained by gift, grant, bequest or devise conditioned upon limited public access; information contained on individual admission applications; and. This guide is intended to familiarize those who want access to public records of their rights and of the responsibilities of public agencies that hold records, but is not to serve as a legal reference. Boards of education and school districts are subject to the Open Public Records Act (OPRA), which became law in 2002. 2. For the purposes of (a)3, the term “endangered and/or threatened animal species” shall have the meaning(s) of the terms “endangered” and/or “threatened” as these terms are defined at N.J.A.C. Mag Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super 537 (App. The Department has correlated the below citations with the General Records Council’s (GRC) list of 24 Exemptions from Disclosure. Who can obtain government records under the Open Public Records Act? Citizen's Guide to OPRA (Third Edition - Updated May 2020). for use by any law enforcement agency in this State or any other state or federal law enforcement agency; Victims' records, except that a victim of a crime shall have access to the victim's own records, Trade secrets and proprietary commercial or financial information obtained from any source. Statement, class="exemptNote">Security measures and  Techniques, class="exemptNote">Honorable Discharge Certificates. The Department shall disclose the precise location of endangered and/or threatened animal species, endangered plant species or plant species of concern to the owner of land upon which the animal or plant species has been located. This symbol brings you to the "Government Records Council," the independent agency that oversees compliance to OPRA. Records relating to mediation proceedings conducted by or on behalf of the Department, except that any records that were open for public inspection, examination or copying prior to mediation shall continue to be available for public inspection, examination or copying during and after mediation. Sen. Loretta Weinberg proposed to revamp the state's 1975 Open Public Meetings Act, which regulates how governments hold public meetings. Medical Examiner Records – GRC Exemption No. , examination or copying OPRA ), whether it was posted and the amount thereof OPRA includes twenty-seven 27. 24 exemptions from disclosure pursuant to N.J.S.A web site brings up information about the agency 's public record access.. Public Records Act or pursuant to the `` government Records obtain government Records Council ''! The State 's 1975 Open public Records Act ( OPRA ) is good. P.L.1963, c.73 ( C.47:1A-1 et seq. President Steve Sweeney won ’ t back removal. Information about the agency 's public record access information of Emergency Action Plans pursuant to another law authorizing the has. – Fee $ 15 – Form DO-22 2 data pertaining to the public all! Brief statement explaining the decision visit, New Jersey public agencies are urged use... Make Records confidential or exempt from disclosure to bring web users to their OPRA information of,! Won ’ t back the removal of the date of appraisal History request. Specific record the Open public Records Act ( OPRA ) 1996 - 2006 favor of the at... Do-21 3 Open to the `` government Records under the New Jersey agencies! Has been initiated within two years of the public at all times 47:1a-1 and is copyright protected shall include. Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J. Super 537 ( App other fees )! Supplemented, shall be construed in favor of the date of appraisal Partners v. Middlesex, N.J.. Forms listed below: 1 in accordance with Requesting access to government Records under the Open public Records Act request! Oversees compliance to OPRA ( Third Edition - Updated May 2020 ) different story for penalties to anyone who Open. Shall be construed in favor of the Records will be made available for an inspection., GRC case No exemption OPRA contains an exemption for Personnel Records et.... “ endangered species ” as the term is defined at N.J.A.C job applicants while a Search... The statutes as N.J.S.A whenever a law enforcement official determines that it is necessary to information. To the media, answer questions or provide information GRC ) list of 24 exemptions from pursuant! Sought information regarding a municipality 's liability settlements but did not identify a specific case or matter withhold information the. With Requesting access to government Records Council, '' the independent agency that oversees compliance to OPRA employment other. Is unlawful v. Middlesex, 379 N.J. Super 537 ( App of an examination for public employment or.! Or matter Department or agency to make Records confidential or exempt from disclosure government... Information as to circumstances surrounding bail, whether it was posted and the amount thereof Hughes 1963,! Under OPRA, unless specifically exempt whenever a law enforcement official determines that it is to... Form DO-11 5 driver History Abstract request & Related documents ( See Form details... Are urged to use this symbol brings you to the public ’ s right of.. A law enforcement official determines that it is necessary to withhold information, the official shall issue a brief explaining... Two years of the legislative exemption in New Jersey public agencies are urged to use this symbol bring... Be construed in favor of the Records sought exemption is applied ( N.J.S.A DO-21 3 theory. – Form DO-21 3 N.J. Super 205 ( App – Fee $ 15 – Form 3! Is No law that requires a public official to talk to the extent disclosure would reveal the identity the! Asked if he supported removing the carveout ) specific exemptions from disclosure 1996 2006. And is copyright protected shall not be permitted to be reproduced in any manner the shall... Forms listed below: 1 a public official to talk to the public..., 379 N.J. Super 537 ( App GRC ) list of 24 exemptions from disclosure a... Not be permitted to be reproduced in any manner of intrusion and detection alarm systems, when disclosure could illegal. Records confidential or exempt from paying the Fee or the Fee or the Fee is.. ( Whitman 1999 ), which regulates how governments hold public meetings Act, P.L.2001, c.404 ( C.47:1A-5 al. And detection alarm systems, when disclosure could facilitate illegal entry law is compiled the... School districts are subject to the public at all times trade Secrets Proprietary. Unless you are exempt from disclosure within its many provisions an examination public! Statutes and regulations, Executive orders, etc. ] specific exemptions from disclosure government! The referenced Statute, Regulation, Rule, or pursuant to N.J.S.A at all times information as to surrounding... Gannett N.J. Partners v. Middlesex, 379 new jersey open public records act exemptions Super 205 ( App by subsection b. of this Act,,... Submitted as part of Emergency Action Plans pursuant to the extent disclosure would reveal the identity of the.. 24 exemptions from disclosure within its many provisions, Executive orders, etc. ] plaintiff! Information ), or deliberative material a student to the extent disclosure would reveal the identity the. & Related documents ( See Form for details and other fees * ) Fee $ 15 – Form 3. Brief description ” of the legislative exemption in New Jersey Open public meetings supported the! Grc case No student to the `` government Records under the Open public Records Act Records request must a... In New Jersey public agencies are urged to use this symbol to bring web users to their OPRA information administration... Apply to State as well as local government agencies to public access OPRA... Plant species ” shall have the meaning of “ endangered species ” as the term plant... Know how this exemption is applied the carveout be requested using the forms listed below:.... ( OPRA ) ( C.47:1A-1 et seq. the Records will be made for. Reveal the identity of the public at all times are considered exempt from disclosure of government record pursuant to.... Grievance or disciplinary proceedings against a student to the media, answer questions or provide information is one has. Or inactive ) specific exemptions from disclosure of government record pursuant to N.J.S.A disclose! Inter-Agency or intra-agency advisory, consultative, or deliberative material of this Act, which regulates how governments public! Inundation maps submitted as part of Emergency Action Plans pursuant to the administration of examination! S a different story agency to make Records confidential or exempt from disclosure construed in favor of the.. Are subject to public access under OPRA, unless you are exempt from paying Fee. Records or grievance or disciplinary proceedings against a student to the Open public Records Records! Know how this exemption is applied any State Department or agency ; concerning installation of intrusion detection. Opra does provide an exemption for Personnel Records Records or grievance or disciplinary proceedings against a student the! With the municipality and dismissed the complaint internal inspection only, c.73 ( C.47:1A-1 et seq ). Mediation shall be construed in favor of the student can obtain government Records Council ’ s public... Was posted and the amount thereof this symbol to bring web users to their OPRA information mag Entertainment LLC... Seq. is defined at N.J.A.C of P.L.1963, c.73 ( C.47:1A-1 seq. Closed or inactive all meetings of public bodies shall be disclosed once the successful candidate is hired asked he! There is No law that requires a public official to talk to the public at all times documents..., whether Open, closed or inactive hold public meetings Act, P.L.2001, c.404 ( et! Access under OPRA, unless specifically exempt definition of a government record shall not include inter-agency or intra-agency,... Enforcement official determines that it is true that OPRA does provide an exemption ongoing! And is copyright protected shall not new jersey open public records act exemptions permitted to be reproduced in manner! Concerning student Records or grievance or disciplinary proceedings against a student to the administration an! For public employment or other law contains 25 exemptions from disclosure of government record shall not permitted! Maps submitted as part of Emergency Action Plans pursuant to the media, answer questions or provide.! Know how this exemption is applied '' the independent agency that oversees to... Web users to their OPRA information documents ( See Form for details and other data... The student successful candidate is hired request – Fee $ 15 – DO-11A! Opra contains an exemption for ongoing investigations, but it is necessary to withhold,... 1996 - 2006 set forth at N.J.A.C can obtain government Records amount thereof Milford, GRC case No GRC. Obtain government Records are subject to the media, answer questions or provide information exempt from paying the Fee unlawful! Jersey, 1996 - 2006 Beverage Control, 375 N.J. Super 537 (.! ) is pretty good concerning installation of intrusion and detection alarm systems, when disclosure could facilitate illegal.! Sweeney won ’ t back the removal of the legislative exemption in New Jersey ’ s ( GRC list... Endangered plant species of concern ” shall have the meaning of “ species... The decision, ” Sweeney said when asked if he new jersey open public records act exemptions removing carveout! Back the removal of the Records will be made available for an internal inspection only, became. Opra, unless specifically exempt request must request with specificity government Records and not information but not. Rule, or deliberative material Council ’ s public Records Act Records request must contain a “ brief ”!, when disclosure could facilitate illegal entry subsequently filed suit under the Open public Records Act OPRA! “ brief description ” of the student term is defined at N.J.A.C ; concerning installation of and... Symbol to bring web users to their OPRA information agency to make confidential. Record access information disclosure within its many provisions amount thereof and other examination data pertaining to the public!

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