State council can’t shield records from disclosure during disputes, court rules

Ruling strikes rule that kept Government Records Council filings hidden

By Nikita Biryukov, New Jersey Monitor, August 12, 2024

A New Jersey appellate panel struck down a regulation Monday that shields from disclosure documents submitted to the state body that oversees public record disputes, finding the rule has no basis in law and runs counter to the transparency legislation the Government Records Council is tasked with enforcing.

The disputed 2022 rule requires all documents submitted to it as part of a dispute under the Open Public Records Act to be kept confidential until the council reaches a decision in a given case. The council takes nearly two years to resolve the average records dispute.