Skip to Content

Blog Category: Municipal Government

Volunteer Firemen May Not Pursue a Whistleblower Claim Under the Conscientious Employee Protection Act

Oct 26, 2017 | Written by: Richard P. Cushing, Esq. |

Judge Accurso of the Appellate Division recently ruled in the case of Jeffrey Sauter v. Colts Neck Volunteer Fire Company No. 2 that volunteer firemen are not entitled to the protection of the...

Are Municipal Fire Companies Subject to the Open Public Records Act?

Aug 30, 2017 | Written by: Richard P. Cushing, Esq. |

For a number of years, there have been vexing questions as to whether volunteer fire companies are considered public entities or simply a group of volunteers who get together to fight fires.  The...

City’s Delay in Abating Dangerous Condition Deemed Not Unreasonable

May 23, 2017 | Written by: Tara St. Angelo, Esq. |

The Appellate Division recently held that a delay of more than one year in abating a “dangerous condition” was not “palpably unreasonable” because the municipality was required to publicly bid...

Court Finds That Uncooperative OPRA Litigant is Not Entitled to Attorney’s Fees

May 22, 2017 | Written by: Tara St. Angelo, Esq. |

Typically, a prevailing party in a lawsuit seeking disclosure of records under the Open Public Records Act (OPRA) is entitled to attorney’s fees.  N.J.S.A. 47:1A-6.  However, the Court held in...

Appellate Division Confirms that Personal Information on OPRA Requests Is Protected from Public Disclosure

Apr 7, 2017 | Written by: Tara St. Angelo, Esq. |

The Appellate Division recently upheld a trial court’s determination that telephone numbers, home addresses, and email addresses of OPRA (Open Public Records Act) requestors could be redacted in...

NJ Legislature Considers OPRA Amendment to Limit Access to Personal Information and Alter Fee-Shifting Provision

Mar 2, 2017 | Written by: Tara St. Angelo, Esq. |

In February 2017, New Jersey Assembly Bill 4532 was introduced and subsequently voted out of the State and Local Government Committee.  The bill would amend the Open Public Records Act (OPRA) by...

Appellate Division Broadens Rice Notice Requirements

Feb 22, 2017 | Written by: Tara St. Angelo, Esq. |

The Appellate Division recently broadened the circumstances under which a Rice Notice is required to be given to an employee. New Jersey requires public entities to provide employees with notice of a...

NJ Legislature Re-Considers Requirement for Municipalities to Publish Legal Notices in Newspapers

Dec 20, 2016 | Written by: Tara St. Angelo, Esq. |

On December 12, 2016, the New Jersey Legislature revived a six-year-old proposal to allow municipalities and other government agencies to forgo advertising legal notices in newspapers and, instead,...

Supreme Court to Alleviate Confusion Over Whether Police Dash Cam Recordings are Subject to OPRA

Dec 19, 2016 | Written by: Tara St. Angelo, Esq. |

The Appellate Division currently has conflicting decisions on whether police dash cam videos are subject to OPRA (Open Public Records Act).  However, it is anticipated that this conflict will be...

Appellate Division Says COAH Rules and Regulations Do Not Support a “Gap” Period Affordable Housing Obligation

Jul 19, 2016 | Written by: Tara A. St. Angelo, Esq. |

The battle over New Jersey municipal affordable housing obligations continues, with municipalities on one side and Fair Share Housing Center (“FSHC”), the New Jersey Builder’s Association...