Township Council Meeting — Agenda

We also observe the motion court recognized plaintiff asserted a cause of action for access to the emails under the common law right of access to public records. The court made no findings concerning the claim because it concluded the emails were otherwise privileged. "The common law right can reach a wider array of documents than" those available under OPRA. Educ. Law Ctr., 198 N.J. at 302. A person seeking public records under the common law right of access "must explain why he seeks access to the requested documents" and the person's interest in obtaining the documents "must be balanced against the State's interest in preventing disclosure." O'Boyle, 218 N.J. at 196 (quoting Educ. Law Ctr., 198 N.J. at 302). "[T]o determine whether the common law right of access applies to a particular set of records, a court must follow a three-step test." Id. at 196. The court must first "determine whether the documents in question are 'public records.'" Ibid. (quoting Atl. City Convention Ctr. Auth. v. S. Jersey Publ'g Co., materials overrides the government's interest in confidentiality." Educ. Law Ctr., 198 N.J. at 287; see also ibid. (explaining a litigant may obtain documents otherwise privileged under the deliberative process privilege by demonstrating a compelling need, which is determined by considering "(1) the relevance of the evidence; (2) the availability of other evidence; (3) the government's role in the litigation; and (4) the extent to which disclosure would hinder frank and independent discussion regarding contemplated policies and decisions" (quoting Integrity Ins. Co., 165 N.J. at 85-86)). A-2287-19 26 Pa026