Township Council Meeting — Agenda

On appeal defendants claim there are thirty-three emails at issue. 3 Thirty of the emails were exchanged between HGA representative Baree and counsel for the Township. Two of the emails were exchanged between counsel for the Township, with copies sent to Baree. 4 The remaining email is between Mark Y. Moon, one of the Township's attorneys, planning board chairman Ron Weston, 3 In the February 25, 2019 letter to plaintiff, the Township included a list of thirty-two emails it claimed were exempt from disclosure under OPRA. The list included eight emails dated November 19, 2018. In his complaint and cross- motion, plaintiff sought a judgment requiring disclosure of the thirty -two emails listed in the Township's letter. In their motion for summary judgment, defendants sought an order dismissing plaintiff's complaint seeking production of the thirty-two emails identified in the Township's February 25, 2019 letter. On appeal, however, defendants' confidential appendix identifies and provides thirty-three emails it claims are exempt from disclosure and for which we should affirm the court's summary judgment order. The emails provided in the confidential appendix include nine emails dated November 19, 2018, and it therefore appears the Township included for the first time on appeal an additional November 9, 2018 email it contends is exempt from disclosure. Given the general descriptions of the emails included in the February 25, 2019 letter, it is not possible to determine which November 19, 2018 email included in the confidential appendix was not presented to the motion court and was added by defendants on appeal. In any event, because we reverse in part the court's order granting defendants' motion and remand for further proceedings, we need not address the particulars of each of the emails. As we explain, a ny issues concerning exemptions or privileges applicable to the emails must be addressed anew by the trial court on remand. 4 Two December 12, 2018 emails are exchanged between the Township's attorneys Mark Y. Moon and Richard D. Trenk. Copies of the emails were sent to HGA representative Barre. A-2287-19 7 Pa007