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Posted on: April 13, 2018

Draft Settlement Agreements Exempt from OPRA Disclosure

The Appellate Division issued an unpublished opinion addressing disclosure of settlement negotiation records under OPRA. The court ruled that an unsigned settlement agreement that remains subject to revisions/negotiations is exempt from OPRA disclosure.

Yesterday, the Appellate Division issued an unpublished opinion addressing disclosure of settlement negotiation records under OPRA. In Libertarians for Transparent Government v. William Paterson University, the court ruled that an unsigned settlement agreement which remains subject to revisions and negotiations is exempt from disclosure under OPRA. Because this decision is unpublished, its precedential value is limited, however, the principles of the ruling are sound. You should review this case with your municipal attorney and records custodian for more information on how it impacts your municipality.

Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org or 609-695-3481, x137.

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