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NEW
JERSEY LEAGUE OF MUNICIPALITIES SEMINAR
ACCESS TO RECORDS AMENDMENT, P.L.2001, C. 404
The Exceptions: A Summary of Items That Are Not Considered "Government
Records" Under the Act, or Are Otherwise Excepted From Disclosure
Under the Act
- Inter-agency or
intra-agency advisory, consultative, or deliberative material.
(See definition of "Government record," N.J.S.A.47:1A-1.)
- Information received
by member of State Senate or Assembly regarding a constituent.
(See definition of "Government record," N.J.S.A.47:1A-1.)
- Memoranda, letters,
notes, reports and any other communication prepared for the
use of a member of the State Senate or Assembly. (See definition
of "Government record," N.J.S.A.47:1A-1.)
- Photographs, negatives
and copies thereof, or videotapes, of a decedent relating to
a post mortem examination or autopsy. (See definition of "Government
record," N.J.S.A.47:1A-1, and note that there are exceptions
to this exception.)
- Records maintained
by a law enforcement agency that are not required by law to
be made and which pertain to a criminal investigation or related
civil enforcement proceedings. (See definition of "Government
record," N.J.S.A.47:1A-1, and note that there are exceptions
to this exception as set forth in N.J.S.A.47:1A-3.b.)
- Records held by
a victim rights organization, such as a domestic violence shelter,
pertaining to the victim of a crime, except that the victim
may have access to his/her own records. (See definition of "Government
record," N.J.S.A.47:1A-1.)
- Trade secrets;
proprietary commercial or financial information. This includes
data processing software obtained pursuant to a licensing agreement
prohibiting disclosure. (See definition of "Government
record," N.J.S.A.47:1A-1.)
- Records within
the attorney-client privilege. (See definition of "Government
record," N.J.S.A.47:1A-1.)
- "Administrative
or technical information regarding computer hardware, software
and networks which, if disclosed, would jeopardize computer
security." (See definition of "Government record,"
N.J.S.A.47:1A-1.)
- Buildings and facilities
emergency procedures and security information. (See definition
of "Government record," N.J.S.A.47:1A-1.)
- Security and surveillance
measures which, if disclosed, would create safety risks for
persons, property, electronic data or software. (See definition
of "Government record," N.J.S.A.47:1A-1.)
- Information that
would give an advantage to competitors or bidders. (See definition
of "Government record," N.J.S.A.47:1A-1.)
- Information pertaining
to sexual harassment complaints filed with public employers.
(See definition of "Government record," N.J.S.A.47:1A-1.)
- Information pertaining
to any grievance . (See definition of "Government record,"
N.J.S.A.47:1A-1.)
- Information pertaining
to collective negotiations, including documents containing negotiating
strategies. (See definition of "Government record,"
N.J.S.A.47:1A-1, and note that it is assumed "collective
negotiations" means "collective bargaining negotiations.")
- Communications
with the public agency's insurance carrier, administrative service
organization or risk management office. (See definition of "Government
record," N.J.S.A.47:1A-1.)
- Information to
be kept confidential pursuant to court order. (See definition
of "Government record," N.J.S.A.47:1A-1.)
- The portion of
any document disclosing social security, credit card, unlisted
phone or driver license numbers. (See definition of "Government
record," N.J.S.A.47:1A, but note that there are numerous
exceptions to this exception.)
- Various records
of public institutions of higher education. (See definition
of "Government record," N.J.S.A.47:1A-1 for more specific
list.)
- Biotechnology trade
secrets as restricted by federal law. (See N.J.S.A.47:1A-1.2).
- Personal information
regarding the victim of a crime when the information is being
sought by the convict who wronged the victim or by anonymous
request. (See N.J.S.A.47:1A-2.2.)
- Records of an investigation
in progress where release is inimical to the public interest.
(See N.J.S.A.47:1A-3.a, and note that there are exceptions to
this exception.)
- Files maintained
by the Office of the Public Defender that relate to the handling
of a case. (See N.J.S.A.47:1A-5.k.)
- Records heretofore
exempt from disclosure under any other statute; resolution of
either or both Houses of the Legislature; regulation promulgated
under authority of any statute or Executive Order; Executive
Order; Rules of Court or; federal law, regulation or order.
(See N.J.S.A.47:1A-9.a.)
- Records heretofore
exempt from disclosure pursuant to any executive or legislative
privilege or grant of confidentiality established by State Constitution,
statute, court rule or case law. (See N.J.S.A.47:1A-9.b.)
- Personnel and pension
records, including records relating to grievances filed by or
against an individual. (See N.J.S.A.47:1A-10, and note that
are numerous exceptions to this exception. Without limitation,
an employee's salary, date of separation and reason for separation
are accessible.)
P.L.2001, c. 404 represents
a lengthy and comprehensive revision of New Jersey laws governing
public access. The above list should not be construed as legal
advice. The reader is advised (1) to consult directly with his
or her own attorney on specific questions the reader may have
regarding the Act, and (2) to read the Act in full.
Prepared By Kristina
P. Hadinger, Esq., from the law firm of Mason, Griffin & Pierson
February 22, 2002
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