Agenda · Jul 19, 2022
Township Council Meeting — Agenda
aa1af5e8eac5568959638c449baed02459185a13b24b356b32798ca4f39a65eeIndexed text · page 76
Show all pages89 (App. Div. 2018). For a document to fall within the privilege, the court must find that the document is both "(1) 'pre-decisional,' meaning it was 'generated before the adoption of an agency's policy or decision;' and (2) deliberative, in that it 'contain[s] opinions, recommendations, or advice about agency policies'" or decisions. Id. at 89-90 (alteration in original) (quoting Educ. Law. Ctr. v. Dep't of Educ., 198 N.J. 274, 286 (2009)). "To satisfy the second prong, the document must be shown to be closely related to 'the formulation or exercise of . . . policy-oriented judgment or [to] the process by which policy is formulated.'" Id. at 91 (alterations in original) (quoting Ciesla, 429 N.J. Super. at 138). Here, although the record does not establish the Township retained HGA as its agent at the November 27, 2018 meeting or at any time prior to February 6, 2019, the date of the exchange of the last of the thirty-three emails at issue, it is undisputed that on November 27, 2018, the Township Council decided to appoint HGA to serve as the planning board's expert and agent. Thus, the seventeen emails exchanged prior to a 2:29 p.m., November 27, 2018 email between Mark Y. Moon and Baree, were exchanged prior to the Township's November 27, 2018 decision appointing HGA as the planning board's agent and A-2287-19 22 Pa022
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