This blog covers both published Appellate Division OPRA opinions as well as interesting unpublished opinions by the court. Although unpublished opinions often contain guidance about OPRA matters, they are not binding statements of the law. New Jersey law is clear that unpublished Appellate Division opinions are not precedential.

I’ve noticed that over the last few years, the court has issued a number of opinions that deal with significant or new OPRA issues, but unfortunately are unpublished. All of these opinions address important questions that often come up under OPRA, for which there is no precedential case law.

Here are several significant unpublished opinions that were issued in 2017 and 2018:

–Libertarians for Transparent Govt v. Ocean County Prosecutor–underlying reasons for employee’s resignation are confidential.

–Paff v. Bergen County–records of internal affairs investigations are confidential.

-Libertarians for Transp. Govt v. Wm. Paterson U.–settlement records are confidential.

–Kennedy v. Montclair Bus. Improvement Dist.–requestor is not entitled to attorney fees where his litigation does not result in access to records.

–NY Public Radio v. Governor’s Office–confidentiality of various Governor’s Office records

-Scheeler v. NJDCF–employee resumes may be redacted.