Friday, October 10, 2014

Unpublished trial court OPRA and OPMA opinion.

"Unpublished opinions" are not published in the law books and are not ordinarily written about in legal periodicals. Unless somebody puts them on-line and calls attention to them, they are likely not to be located by people who may want to search for them. I think that it's important that court opinions, even if they are not precedential, are easily accessible for future use.

Kean Federation of Teachers v. Kean University
Ocean County, Docket No. OCN-L-179-14  
Hon. Vincent J. Grasso, A.J.S.C.
September 18, 2014
Click here for the court's decision.

Summary: Draft resolutions that are to be voted upon by the Board are deliberative and are not subject to OPRA or the common law right of access. Delay of ninety-seven (97) before redacted minutes of closed meeting are disclosed is not "prompt" under the OPMA.  Redacted minutes were incomprehensible and thus violated OPMA's mandate that meeting minutes contain sufficient facts and information to describe what took place at the meeting and what final action was taken in order to permit the public to understand and appraise the reasonableness of the public body’s determination. Board violated the OPMA by over-redacting its closed minutes and by failing to properly explain the redactions.


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