||New Jersey Libertarian Party
Open Government Advocacy Project:
Mountain Lakes OPRA request
Please accept this fax as our request for government records in accordance with the Open Public Records Act (OPRA) and the common law right of access. Please respond and send all responsive documents via e-mail at email@example.com. If e-mail is not possible, please fax responses and responsive records to me at 908-325-0129. Also, we would appreciate it if you would acknowledge your receipt of this e-mail.
In August 2011, the New Jersey Foundation for Open Government (NJFOG) requested resolutions and minutes from the Borough Council\'s nonpublic (executive or closed) meetings held on the following dates: December 11, 2006; December 10, 2007; January 28, 2008; February 11, 2008; March 10, 2008; December 8, 2008; February 23, 2009; March 22, 2010 and July 26, 2010. Those resolutions and minutes are, for your ready reference, on-line at
I have no problem with the resolutions, but I take issue with both the scope of the redactions and the continued need for the redactions. For example, the December 11, 2006 executive minutes contain a discussion beginning at 9:49 p.m. and ending at 11:05 p.m. regarding \"Municipal Prosecutor Brian Mason and his handling of recent legal issues.\" But even if the Open Public Meetings Act allowed that discussion to be held behind closed doors, the Act doesn\'t mandate that the minutes of the executive sessions to be completely suppressed forever. At this point, over five years have elapsed since the closed discussion took place.
Here, the Council discussed--for well over an hour--the prosecutor\'s \"handling of recent legal issues.\" The public, in my view, has a right to know which legal issues were of interest to the council, how was the prosecutor perceived to have handled or mishandled those issues, etc.
Also, the response to NJFOG\'s address doesn\'t give any reason for the redactions. I believe that N.J.S.A. 47:1A-5(g) requires the Borough to furnish some non-conclusory reason for why the redacted material still needs to be redacted.
Would you please discuss this request with the Borough Attorney? I\'m considering litigating this matter, but before doing so, I would like it if the Borough Attorney looked at my reqeust and considered whether the Borough could avoid litigation by giving me unredacted or at least more narrowly redacted versions of the minutes.
Unredacted or more narrowly redacted versions of the Borough Council\'s nonpublic (executive or closed) meetings held on the following dates: December 11, 2006; December 10, 2007; January 28, 2008; February 11, 2008; March 10, 2008; December 8, 2008; February 23, 2009; March 22, 2010 and July 26, 2010.
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