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Documents Contained on an Elected Public Official’s Personal Home Computer, including Emails, Records and Data, are not Exempt from New Jersey’s Open Public Records Act Requirements and Must be Produced in Response to a Citizen’s Request - In a recent decision the Government Records Council has ruled that all documents in electronic format maintained on a Mayor’s personal home computer are subject to production under New Jersey’s Open Public Records Act (OPRA). In so holding the Council noted that OPRA specifically covers “information stored or maintained electronically” and that the obligation to produce such documentation, electronic or otherwise, “is not restricted by the location of the record.” In this case the fact that the Mayor utilized his personal home computer, and personal email address, to communicate with various individuals regarding Municipal business was deemed to be immaterial. The fact that the email communications, data and records discussed or touched upon governmental business and topics was dispositive and required production. Moreover, the Council noted that it is immaterial whether the record was “generated or received during regular office hours or official meetings”. As such any and all electronic records whether they be emails, documents, data or the like, which are kept on an elected public official’s personal home computer are subject to production pursuant to a citizen’s demand under OPRA. Click here for more informationTrade Association Members May Not be a Client of the Trade Association’s Attorney - Recently, our appellate court decided in a published case of first impression that an attorney-client relationship does not exist between a trade association’s attorney and a member of a trade association simply by virtue of the attorney’s representation of the trade association. J.G. Ries & Sons, Inc. v. Spectraserv, Inc., __ N.J. Super. __, A-5521-04T2 (App. Div. March 29, 2006). This is the first time a New Jersey court reviewed whether a trade association member could disqualify the trade association’s attorney from representing another client against the member in a subsequent matter. This decision clarifies for businesses and individual members of trade and like associations the nature of their relationship with an attorney that represents their association. Click here to read entire Client AlertThe Environment: New Jersey Supreme Court upholds DEP's minimum groundwater cleanup standards under the Brownfield and Contaminated Site Remediation Act. Click here for more information

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