Ongoing investigations of non-law enforcement agencies (must prove disclosure is inimical to the public interest) N.J.S.A. 47:1A-3.a.
Public defender records N.J.S.A. 47:1A-5.k.
Upholds exemptions contained in other State or federal statutes and regulations, Executive Orders, Rules of Court, and privileges
created by State Constitution, statute, court rule or judicial case law N.J.S.A. 47:1A-9
Personnel and pension records (however, the following information must be disclosed:
An individual’s name, title, position, salary, payroll record, length of service, date of separation and the reason for such
separation, and the amount and type of any pension received
When required to be disclosed by another law, when disclosure is essential to the performance of official duties of a person
duly authorized by this State or the US, or when authorized by an individual in interest
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 N.J.S.A. 47:1A-10
N.J.S.A. 47:1A-1
“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.”
Burnett v. County of Bergen, 198 N.J. 408 (2009). Without ambiguity, the court held that the privacy provision “is neither a preface nor
a preamble.” Rather, “the very language expressed in the privacy clause reveals its substantive nature; it does not offer reasons why
OPRA was adopted, as preambles typically do; instead, it focuses on the law’s implementation.” “Specifically, it imposes an
obligation on public agencies to protect against disclosure of personal information which would run contrary to reasonable privacy
interests.”
Executive Order No. 21 (McGreevey 2002)
Records where inspection, examination or copying 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.
Records exempted from disclosure by State agencies’ proposed rules.
Executive Order No. 26 (McGreevey 2002)
Certain records maintained by the Office of the Governor
Resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing
Records of complaints and investigations undertaken pursuant to the Model Procedures for Internal Complaints Alleging
Discrimination, Harassment or Hostile Environments
Information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation
Information in a personal income or other tax return
Information describing a natural person's finances, income, assets, liabilities, net worth, bank balances, financial history or activities,
or creditworthiness, except as otherwise required by law to be disclosed
Test questions, scoring keys and other examination data pertaining to the administration of an examination for public employment or
licensing
Records in the possession of another department (including NJ Office of Information Technology or State Archives) when those
records are made confidential by regulation or EO 9.
Other Exemption(s) contained in a State statute, resolution of either or both House of the Legislature, regulation, Executive Order,
Rules of Court, any federal law, federal regulation or federal order pursuant to N.J.S.A. 47:1A-9.a.
(Please provide detailed information regarding the exemption from disclosure for which you are relying to deny access to government records.
If multiple records are requested, be specific as to which exemption(s) apply to each record.)
REQUEST FOR RECORDS UNDER THE COMMON LAW
If, in addition to requesting records under OPRA, you are also requesting the government records under the common law, please check the
box below. A public record under the common law is one required by law to be kept, or necessary to be kept in the discharge of a duty
imposed by law, or directed by law to serve as a memorial and evidence of something written, said, or done, or a written memorial made by a
public officer authorized to perform that function, or a writing filed in a public office. The elements essential to constitute a public record are that
it be a written memorial, that it be made by a public officer, and that the officer be authorized by law to make it.
Yes, I am also requesting the documents under common law. If the information requested is a "public record" under common law and the
requestor has a legally recognized interest in the subject matter contained in the material, then the material must be disclosed if the individual's
right of access outweighs the State's interest in preventing disclosure. Please set forth your interest in the subject matter contained in the
requested material:
_________________________________________________________________________________________________________________
Note that any challenge to a denial of a request for records under the common law cannot be made to the Government Records
Council, as the Government Records Council only has jurisdiction to adjudicate challenges to denials of OPRA requests. A
challenge to the denial of access under the common law can be made by filing an action in Superior Court.
