03-17-09 Asbury Park Press v. County of Monmouth
Paff v. Monmouth County
A-3567-07T2/A-3626-07T2 (consolidated)
The Open Public Records Act does not permit a government
agency to withhold disclosure of the confidential agreement it
reached with an employee to settle her sexual harassment
lawsuit. Although the definition of "government record" in OPRA
excludes "information generated . . . in connection with any
sexual harassment complaint filed with a public employer," that
exclusion does not apply to a sexual harassment lawsuit filed
with the court. The prevailing requestor is entitled to
reimbursement of some attorney's feesrequest may have been properly denied.