Township Council Meeting — Agenda

135 N.J. 53, 59 (1994)). "Second, the party seeking disclosure must show that he has an interest in the public record. More specifically, if the plaintiff is seeking 'disclosure of privileged records,' . . . he [or she] must show [a] 'particularized need.'" Ibid. (citation omitted) (quoting Wilson v. Brown, 404 N.J. Super. 557, 583 (App. Div. 2009)). To "determine[e] whether a party has articulated a particularized need," ibid., courts must analyze: "1) the extent to which the information may be available from other sources, 2) the degree of harm the litigant will suffer from its unavailability, and 3) the possible prejudice to the agency's investigation," id. at 196-97 (quoting McClain v. Coll. Hosp., 99 N.J. 346, 351 (1985)). Finally, "once the plaintiff's interest in the public record has been established, the burden shifts to the public entity to establish that its need for non-disclosure outweighs the plaintiff's need for disclosure." Ibid. This final step "requires the court to 'balance the plaintiff's interest in the information against the public interest in confidentiality of the documents, including a consideration of whether the demand for inspection is premised upon a purpose [that] tends to advance or further a wholesome public interest or a legitimate private interest.'" Drinker Biddle & Reath LLP v. N.J. Dep't of Law & Pub. Safety, Div. of Law, 421 N.J. Super. 489, 500 (App. Div. 2011) (quoting S. N.J. Newspapers, Inc. v. Twp. of Mt. Laurel, 141 N.J. 56, 72 (1995)). "Where A-2287-19 27 Pa027