Dear Anonymous:

The Borough is in receipt of your OPRA request dated February 6, 2024 requesting: “Any and all information regarding the executive session from the meeting on 2/5/24.” To the extent this requests seeks access to “any and all” documents please be advised that this request is overbroad and is not proper in accordance with N.J.S.A. 47:1A-1 et seq as it does not reasonably identify a responsive record. Notwithstanding that fact, it appears you request access to meeting minutes from the executive session discussion. Please be advised that access to the requested records is denied as draft documents pursuant to N.J.S.A. 47:1A-1.1. In that vein, it is well settled that Draft Records are not subject to production under OPRA, and when the records are in draft form a denial of access is appropriate. N.J.S.A. 47:1A-1.1. It is equally well settled that records that quality as Advisory, Consultive, or Deliberative material are not subject to disclosure under OPRA. The minutes requested have not been adopted by the governing body here. Thus, the request is identical to the matter of Libertarians for Transparent Gov’t v. Gov’t Records Council, 453 N.J. Super. 83 (App. Div.)., certify denied 233 N.J. 484 (2018). Where there, the Appellate division affirmed the trial court’s decision that the GRC lawfully denied access to draft meeting minutes. The Court concluded that “the inherent nature of a draft document as both advisory and requiring deliberation prior to approval, compels the conclusion that draft minutes are [ACD] material and are not subject to disclosure under OPRA as a government record. See N.J.S.A. 47:1A-1.1; see also Pareve v. Fogg v. Lower Alloways Creek Twp., GRC Complaint No. 2006-51 (August 2006) where the government records council held, citing N.J.S.A. 47:1A-1.1 that draft, unapproved meeting minutes are exempt from disclosure as “interagency or intra-agency advisory, consultative or deliberative” material, which is not included within the definition of a government record. Furthermore, the topic for executive session was personnel matters and such information is exempt under N.J.S.A. 47:1A-1.1 as deliberative discussions and N.J.S.A. 47:1A-10 as personnel records.
If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the Borough of Tuckerton to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.

Jenny Gleghorn, RMC
Borough Administrator/Municipal Clerk
420 East Main Street
Tuckerton, New Jersey 08087
609-296-2701

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