Township Council Meeting — Agenda

In addition, there are five emails, the first of which was exchanged at 2:41 p.m. on January 17, 2019, and the last of which was exchanged at 2:52 p.m. on February 6, 2019, that appear to concern the HGA's redevelopment study, and resolutions concerning the Township's referral to the planning board. The summary judgment record, however, does not demonstrate whether those emails are related to any pre-decisional, advisory, deliberative or consultative process of the Township. As a result, the summary judgment record does not permit a determination those eight emails satisfied the first prong of the deliberative process privilege standard. We therefore reverse the court's order granting defendants summary judgment on plaintiff's claim he is entitled to access to those eight emails under OPRA and his common law right of access to public records based on the Township's claim they are protected by the advisory, deliberative, or consultative privilege. For the twenty-five emails that appear to satisfy the first-prong of the deliberative process privilege, the motion court did not make any findings of fact or conclusions of law addressed to the second prong of the standard. That is, the court did not consider or make any findings whether the pre-decisional emails "contain opinions, recommendations, or advice about agency policies[,]" Educ. Law Ctr., 198 N.J. at 286, or if the emails are related to the "formulation A-2287-19 24 Pa024