We would like to make our members aware of a published Appellate Division opinion issued today concerning the disclosure of draft minutes under the Open Public Records Act.

In Libertarians for Transparent Government v. Government Records Council, the Court held that draft minutes prepared for a public body’s approval and adoption are NOT required to be provided in response to a request under OPRA.  The Court found that draft minutes fall under the “advisory, consultative, or deliberative material” exemption to OPRA disclosure.

You should review today’s decision with your municipal attorney for more information on the impact it will have on your town.  This information should also be shared with your municipal clerk and records custodian.

Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481 x.137.