Vasil Kovalcik, Plaintiff-Respondent v. Somerset County Prosecutor’s Office, Defendant-Appellant (New Jersey 2011)

Summary

The Court held that a criminal court's denial of a motion to compel discovery is not an order of confidentiality sufficient to exempt the requested records from disclosure under OPRA. It further held that personnel records are exempt unless they disclose compliance with a specific educational or training qualification required for the position, but remanded because the record was inadequate to determine whether the requested course records fell within that exception. The Court affirmed in part, reversed in part, and remanded for further proceedings.

Holding

Whether denial of a criminal discovery motion constitutes an OPRA confidentiality order.. A criminal court's denial of a motion to compel discovery, without a specific order deeming the information confidential, does not constitute the confidentiality order contemplated by OPRA and does not exempt the documents from disclosure on that basis.

Whether the personnel-records exception covers records of courses or training not required for the employee's position.. A personnel record is subject to disclosure under the educational-qualification exception only to the extent that it discloses completion of specific training or education required for the employee's position. Records concerning voluntary or nonrequired courses remain exempt personnel records.

Whether the existing factual record permitted application of the personnel-records exemption and exception.. The record was inadequate to determine whether the requested documents were exempt personnel records or disclosed compliance with required qualifications, so the matter had to be remanded for further factual development.

Summary

Holding

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