A recently published decision from the Appellate Division, AGREAT v. Borough of Mantoloking et al, reaffirmed that emails concerning government business sent to or from personal accounts of government officials are still subject to disclosure under the Open Public Records Act (OPRA).
The concept of the court’s holding is not new. The Government Records Council adopted the principle in a 2006 decision, Meyers v. Borough of Fair Lawn. However, this is the first time the principle has been directly addressed in a precedential decision from the court.
You should review this decision with your records custodian and municipal attorney for more information.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.