COMMUNICATIONS WORKERS OF AMERICA VS. ROUSSEAU A-4194-07T3 12-17-10
In this Open Public Records Act (OPRA) appeal, we hold that the agreements relating to investments made by the Division of Investment in private equity funds with money from State- employee pension funds are not government records under OPRA because these agreements, either in whole or in substantial part, contain proprietary commercial or financial information, trade secrets, or information that would provide competitors an unfair competitive advantage. We also hold that the common law right to access public documents does not require access by plaintiffs to these agreements because the State's interest and intervenors' interest in confidentiality outweighs plaintiffs' interest.
