Supreme Court of New Jersey
John Paff v. Galloway Township (077692) (Atlantic and Statewide)
June 20, 2017
Summary
The Appellate Division reversed the trial court’s order requiring Galloway Township to produce email logs, holding that the Open Public Records Act (OPRA) does not compel a public agency to create a new government record that does not already exist. The court based its decision on the plain language of the statute and prior New Jersey precedent. The opinion also concluded that the requested email log is not a "government record" within OPRA’s definition. The court emphasized that any expansion of OPRA’s reach must come from the Legislature.