Township Council Meeting — Agenda

Univ., 434 N.J. Super. 1, 12 (App. Div. 2013). Thus, in the first instance defendants had the burden of establishing the emails constituted privileged attorney-client communications for those communications to fall within the OPRA exemption. Based on our de novo review of the summary judgment record, we are not convinced the undisputed material facts established defendants were entitled to a judgment as a matter of law that the emails constitute privileged attorney - client communications. None of the emails at issue are between the Township's attorneys and their client, the Township. Thus, none of the emails are a direct communication between the Township, as the client, and its counsel. Instead, all but one of the emails is between the Township's counsel and HGA. And the remaining email is between the Township's counsel and the planning board's chairman and the planning board's counsel. Nonetheless, defendants argue all the emails fall within the attorney client privilege because HGA is a necessary intermediary for the Township's communications with the Township's counsel. The Township's argument is premised on the factual contention that HGA acted as the Township's agent when it was retained to provide the study and report as to whether the Township Library fell within an area in need of redevelopment. That is, defendants argue A-2287-19 16 Pa016