A Bridgegate Too Far
The New Jersey Appellate Division reversed a decision denying access to records involving the so-called Bridgegate affair
In these consolidated appeals arising out of two complaints seeking production of public records under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access to public records, we consider whether the Superior Court has the authority under N.J.S.A. 47:1A-11 to impose civil penalties for knowing and willful violations of OPRA, and whether the court erred in denying plaintiff’s request for relief in aid of litigants’ rights under Rule 1:10-3. We conclude the court erred in finding it lacked the authority to impose civil penalties under N.J.S.A. 47:1A-11, and that plaintiff was entitled to relief in aid of litigants’ rights. We reverse and remand for further proceedings.
North Jersey Media Group had sought the records
The lawsuits arose from plaintiff’s requests that defendant State of New Jersey Office of the Governor produce records concerning the Port Authority of New York and New Jersey’s September 9 to 13, 2013 closures of local traffic lanes from Fort Lee to the George Washington Bridge. The closures caused significant traffic delays in Fort Lee, and led to an investigation by the New Jersey Legislature, and criminal prosecutions of Port Authority employees William Baroni and David Wildstein, and Governor Chris Christie’s deputy chief of staff Bridget Kelly.
Key conclusion
Because we are convinced the court could not properly rely on Southwell’s certification to support its conclusion defendant’s search was compliant with OPRA and the common law, there was insufficient credible evidence supporting the court’s finding that defendant’s search for records was reasonable. We therefore vacate the order dismissing plaintiff’s complaint in the May action, and remand for further proceedings based on competent evidence.
The Southwell certification came from a partner in the law firm that represented the defendants in the action.
As to civil penalties
N.J.S.A. 47:1A-11 provides a valuable means to compel compliance with OPRA by public officials, officers, employees and records custodians who might otherwise flout OPRA’s requirements and willfully and knowingly deprive the public of access to government records. The civil penalties permitted under N.J.S.A. 47:1A-11 help ensure that records at all levels of government, including the highest levels of our State government, are not willfully and knowingly withheld in an effort to shroud possible wrongdoing from the public’s view or deny access to government records to which every citizen is entitled. It is inconsistent with the plain language of N.J.S.A. 47:1A-11 and OPRA’s purpose to shield the recalcitrance and obfuscation of public officials, officers, custodians and employees from the imposition of a civil penalty simply because a requester opted to seek redress in a court of law rather than with the GRC. We are convinced the motion court erred by concluding otherwise, and by dismissing plaintiff’s claims for the imposition of a civil penalty in the February and May actions.
(Mike Frisch)