In a published decision Monday, the New Jersey Appellate Division invalidated a provision adopted by the Government Records Council that said submissions made in denial-of-access complaints are not subject to the Open Public Records Act.
In 2022, the GRC adopted a provision that said that all submissions made to the council during the adjudication of a denial-of-access complaint under OPRA, “shall not be considered government records subject to public access pursuant to” OPRA “during the pendency of the adjudication,” according to the opinion.
