11-21-08
A-5826-06T1
We reversed the Final Decision of the Government Records
Council that there had been a knowing and willful violation of
the Open Public Records Act (OPRA) and imposing a $1,000
sanction. Because claimant already had one document in his
possession when he demanded a copy under OPRA, he had not been
wrongfully denied access to the document.
Further, we declined to equate a written response that had
been prepared with the assistance of counsel to an OPRA request
to be so vague as to constitute a knowing and willful violation
of the statute.
