Township Council Meeting — Agenda

or exercise" of a policy or decision-orientated judgment or the process by which the policy or decision was formulated, Ciesla, 429 N.J. Super. at 138. Although we review the motion court's summary judgment order de novo, "our function as an appellate court is to review the decision of the trial court, not to decide the motion tabula rosa." Est. of Doerfler v. Federal Ins. Co., 454 N.J. Super. 298, 302 (App. Div. 2018); see also R. 1:7-4(a). Therefore, with regard to the twenty-five emails for which the summary judgment record establishes defendants satisfied only the pre-decisional prong of the deliberative process privilege standard, we vacate the court's order granting defendants summary judgment dismissing plaintiff's claimed entitlement to those emails under OPRA and the common law right of access and remand for the court to separately consider each of the emails and make findings and conclusions of law as to whether the summary judgment record supports a determination the emails satisfy the second prong of the deliberative process privilege standard as a matter of law.11 11 To the extent the court finds that the summary judgment record permits a determination that any of the twenty-four emails are privileged under the deliberative process privilege as a matter of law, the court shall also consider, decide, and make appropriate findings as to whether the summary judgment record permits a determination as to whether plaintiff is entitled to disclosure of the otherwise privileged emails based "upon a showing that the need for the A-2287-19 25 Pa025