This recent Trentonian article suggests that the City of Trenton improperly denied its OPRA request for the resumes of the applicants who were not chosen for the position of chief municipal prosecutor. However, the law is clear that OPRA prohibits a public body from releasing these personnel records.

Job applicants’ resumes are classic examples of personnel records. While resumes of public employees may be subject to disclosure (as discussed in this post), the resumes of the individuals who applied for jobs, but were not appointed, are confidential under OPRA’s strict limitation on revealing personnel information.

The Trentonian article incorrectly says that an executive order makes public the resumes of those who didn’t obtain employment and requires the public body to determine if the candidate consents to disclosure of the resume. The executive order in question, Executive Order 26 (McGreevey), does not state that the resumes of unsuccessful job candidates are public records; in fact, such a statement would be legally invalid, because it is contrary to OPRA’s personnel exemption provision. And nothing in the executive order provides that an agency must determine if an unsuccessful candidate would consent to public release of his or her resume.