JOAN MCGEE V. TOWNSHIP OF EAST AMWELL
A-1233-09T2 11-16-10
On this appeal from a final decision of Government Records
Council (GRC or the Council) under Open Public Records Act (OPRA
or the Act), N.J.S.A. 47:1A-1 to -13, we conclude that records
created by a former public official are subject to the
"deliberative process privilege" under OPRA. In addition, where
an employee now claims that she has waived her privilege as to
her "personnel records" but did not raise the issue before the
Council, we remand this matter to the Council to determine
whether the employee waived the confidentiality under the
"personnel records" exception or whether there are
countervailing concerns or policies that would preclude release
of such records.
