47:1A-1  Legislative findings, declarations.

	1.	The Legislature finds and declares it to be the public
policy of this State that:

	government records shall be readily accessible for inspection,
copying, or examination by the citizens of this State, with certain
exceptions, for the protection of the public interest, and any
limitations on the right of access accorded by P.L.1963, c.73
(C.47:1A-1 et seq.) as amended and supplemented, shall be construed in
favor of the public's right of access;

	all government records shall be subject to public access unless
exempt from such access by: P.L.1963, c.73 (C.47:1A-1 et seq.) as
amended and supplemented; any other statute; resolution of either or
both houses of the Legislature; regulation promulgated under the
authority of any statute or Executive Order of the Governor; Executive
Order of the Governor; Rules of Court; any federal law, federal
regulation, or federal order;

	a public agency has a responsibility and an obligation to
safeguard from public access a citizen's personal information with
which it has been entrusted when disclosure thereof would violate the
citizen's reasonable expectation of privacy; and nothing contained in
P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, shall
be construed as affecting in any way the common law right of access to
any record, including but not limited to criminal investigatory
records of a law enforcement agency.

	L.1963,c.73,s.1; amended 2001, c.404, s.1.

47:1A-1.1  Definitions.

	1.	As used in P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and
supplemented:

	"Biotechnology" means any technique that uses living organisms, or
parts of living organisms, to make or modify products, to improve
plants or animals, or to develop micro-organisms for specific uses;
including the industrial use of recombinant DNA, cell fusion, and
novel bioprocessing techniques.

	"Custodian of a government record" or "custodian" means in the
case of a municipality, the municipal clerk and in the case of any
other public agency, the officer officially designated by formal
action of that agency's director or governing body, as the case may
be.

	"Government record" or "record" means any paper, written or
printed book, document, drawing, map, plan, photograph, microfilm,
data processed or image processed document, information stored or
maintained electronically or by sound-recording or in a similar
device, or any copy thereof, that has been made, maintained or kept on
file in the course of his or its official business by any officer,
commission, agency or authority of the State or of any political
subdivision thereof, including subordinate boards thereof, or that has
been received in the course of his or its official business by any
such officer, commission, agency, or authority of the State or of any
political subdivision thereof, including subordinate boards thereof.
The terms shall not include inter-agency or intra-agency advisory,
consultative, or deliberative material.

	A government record shall not include the following information
which is deemed to be confidential for the purposes of P.L.1963, c.73
(C.47:1A-1 et seq.) as amended and supplemented:

	information received by a member of the Legislature from a
constituent or information held by a member of the Legislature
concerning a constituent, including but not limited to information in
written form or contained in any e-mail or computer data base, or in
any telephone record whatsoever, unless it is information the
constituent is required by law to transmit;

	any memorandum, correspondence, notes, report or other
communication prepared by, or for, the specific use of a member of the
Legislature in the course of the member's official duties, except that
this provision shall not apply to an otherwise publicly-accessible
report which is required by law to be submitted to the Legislature or
its members;

	any copy, reproduction or facsimile of any photograph, negative or
print, including instant photographs and videotapes of the body, or
any portion of the body, of a deceased person, taken by or for the
medical examiner at the scene of death or in the course of a post
mortem examination or autopsy made by or caused to be made by the
medical examiner except:

	when used in a criminal action or proceeding in this State which
relates to the death of that person,

	for the use as a court of this State permits, by order after good
cause has been shown and after written notification of the request for
the court order has been served at least five days before the order is
made upon the county prosecutor for the county in which the post
mortem examination or autopsy occurred,

	for use in the field of forensic pathology or for use in medical
or scientific education or research, or

	for use by any law enforcement agency in this State or any other
state or federal law enforcement agency;

	criminal investigatory records;

	victims' records, except that a victim of a crime shall have
access to the victim's own records;

	trade secrets and proprietary commercial or financial information
obtained from any source.  For the purposes of this paragraph, trade
secrets shall include data processing software obtained by a public
body under a licensing agreement which prohibits its disclosure;

	any record within the attorney-client privilege.  This paragraph
shall not be construed as exempting from access attorney or consultant
bills or invoices except that such bills or invoices may be redacted
to remove any information protected by the attorney-client privilege;

	administrative or technical information regarding computer
hardware, software and networks which, if disclosed, would jeopardize
computer security;

	emergency or security information or procedures for any buildings
or facility which, if disclosed, would jeopardize security of the
building or facility or persons therein;

	security measures and surveillance techniques which, if disclosed,
would create a risk to the safety of persons, property, electronic
data or software;

	information which, if disclosed, would give an advantage to
competitors or bidders;

	information generated by or on behalf of public employers or
public employees in connection with any sexual harassment complaint
filed with a public employer or with any grievance filed by or against
an individual or in connection with collective negotiations, including
documents and statements of strategy or negotiating position;

	information which is a communication between a public agency and
its insurance carrier, administrative service organization or risk
management office;

	information which is to be kept confidential pursuant to court
order; and

	that portion of any document which discloses the social security
number, credit card number, unlisted telephone number or driver
license number of any person; except for use by any government agency,
including any court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf thereof,
or any private person or entity seeking to enforce payment of
court-ordered child support; except with respect to the disclosure of
driver information by the Division of Motor Vehicles as permitted by
section 2 of P.L.1997, c.188 (C.39:2-3.4); and except that a social
security number contained in a record required by law to be made,
maintained or kept on file by a public agency shall be disclosed when
access to the document or disclosure of that information is not
otherwise prohibited by State or federal law, regulation or order or
by State statute, resolution of either or both houses of the
Legislature, Executive Order of the Governor, rule of court or
regulation promulgated under the authority of any statute or executive
order of the Governor.

	A government record shall not include, with regard to any public
institution of higher education, the following information which is
deemed to be privileged and confidential:

	pedagogical, scholarly and/or academic research records and/or the
specific details of any research project conducted under the auspices
of a public higher education institution in New Jersey, including, but
not limited to research, development information, testing procedures,
or information regarding test participants, related to the development
or testing of any pharmaceutical or pharmaceutical delivery system,
except that a custodian may not deny inspection of a government record
or part thereof that gives the name, title, expenditures, source and
amounts of funding and date when the final project summary of any
research will be available;

	test questions, scoring keys and other examination data pertaining
to the administration of an examination for employment or academic
examination;

	records of pursuit of charitable contributions or records
containing the identity of a donor of a gift if the donor requires
non-disclosure of the donor's identity as a condition of making the
gift provided that the donor has not received any benefits of or from
the institution of higher education in connection with such gift other
than a request for memorialization or dedication;

	valuable or rare collections of books and/or documents obtained by
gift, grant, bequest or devise conditioned upon limited public access;

	information contained on individual admission applications; and

	information concerning student records or grievance or
disciplinary proceedings against a student to the extent disclosure
would reveal the identity of the student.

	"Public agency" or "agency" means any of the principal departments
in the Executive Branch of State Government, and any division, board,
bureau, office, commission or other instrumentality within or created
by such department; the Legislature of the State and any office,
board, bureau or commission within or created by the Legislative
Branch; and any independent State authority, commission,
instrumentality or agency.  The terms also mean any political
subdivision of the State or combination of political subdivisions, and
any division, board, bureau, office, commission or other
instrumentality within or created by a political subdivision of the
State or combination of political subdivisions, and any independent
authority, commission, instrumentality or agency created by a
political subdivision or combination of political subdivisions.

	"Law enforcement agency" means a public agency, or part thereof,
determined by the Attorney General to have law enforcement
responsibilities.

	"Constituent" means any State resident or other person
communicating with a member of the Legislature.

	"Member of the Legislature" means any person elected or selected
to serve in the New Jersey Senate or General Assembly.

	"Criminal investigatory record" means a record which is not
required by law to be made, maintained or kept on file that is held by
a law enforcement agency which pertains to any criminal investigation
or related civil enforcement proceeding.

	"Victim's record" means an individually-identifiable file or
document held by a victims' rights agency which pertains directly to a
victim of a crime except that a victim of a crime shall have access to
the victim's own records.

	"Victim of a crime" means a person who has suffered personal or
psychological injury or death or incurs loss of or injury to personal
or real property as a result of a crime, or if such a person is
deceased or incapacitated, a member of that person's immediate family.

	"Victims' rights agency" means a public agency, or part thereof,
the primary responsibility of which is providing services, including
but not limited to food, shelter, or clothing, medical, psychiatric,
psychological or legal services or referrals, information and referral
services, counseling and support services, or financial services to
victims of crimes, including victims of sexual assault, domestic
violence, violent crime, child endangerment, child abuse or child
neglect, and the Victims of Crime Compensation Board, established
pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.).

	L.1995,c.23,s.1;  amended 2001, c.404, s.2.

47:1A-1.2  Restricted access to biotechnology trade secrets.

	2. a. When federal law or regulation requires the submission of
biotechnology trade secrets and related confidential information, a
public agency shall not have access to this information except as
allowed by federal law. 

	b.	A public agency shall not make any biotechnology trade
secrets and related confidential information it has access to under
this act available to any other public agency, or to the general
public, except as allowed pursuant to federal law. 

	L.1995,c.23,s.2; amended 2001, c.404, s.3.

47:1A-2.2  Access to certain information by convict prohibited;
exceptions.

	1. a. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1
et seq.) or the provisions of any other law to the contrary, where it
shall appear that a person who is convicted of any indictable offense
under the laws of this State, any other state or the United States is
seeking  government records containing personal information pertaining
to the person's victim or the victim's family, including but not
limited to a victim's home address, home telephone number, work or
school address, work telephone number, social security account number,
medical history or any other identifying information, the right of
access provided for in P.L.1963, c.73 (C.47:1A-1 et seq.) as amended
and supplemented shall be denied.

	b.	A government record containing personal identifying
information which is protected under the provisions of this section
may be released only if the information is necessary to assist in the
defense of the requestor. A determination that the information is
necessary to assist in the  requestor's defense shall be made by the
court upon motion by the requestor or his representative.

	c.	Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1
et seq.) as amended and supplemented, or any other law to the
contrary, a custodian shall not comply with an anonymous request for a
government record which is protected under the provisions of this
section.

	L.1998,c.17,s.1; amended 2001, c.404, s.4.

47:1A-3  Access to records of investigation in progress.

	3. a. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1
et seq.) as amended and supplemented, where it shall appear that the
record or records which are sought to be inspected, copied, or
examined shall pertain to an investigation in progress by any public
agency, the right of access provided for in P.L.1963, c.73 (C.47:1A-1
et seq.) as amended and supplemented may be denied if the inspection,
copying or examination of such record or records shall be inimical to
the public interest; provided, however, that this provision shall not
be construed to allow any public agency to prohibit access to a record
of that agency that was open for public inspection, examination, or
copying before the investigation commenced. Whenever a public agency,
during the course of an investigation, obtains from another public
agency a government record that was open for public inspection,
examination or copying before the investigation commenced, the
investigating agency shall provide the other agency with sufficient
access to the record to allow the other agency to comply with requests
made pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).

	b.	Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1
et seq.), as amended and supplemented, the following information
concerning a criminal investigation shall be available to the public
within 24 hours or as soon as practicable, of a request for such
information:

	where a crime has been reported but no arrest yet made,
information as to the type of crime, time, location and type of
weapon, if any;

	if an arrest has been made, information as to the name, address
and age of any victims unless there has not been sufficient
opportunity for notification of next of kin of any victims of injury
and/or death to any such victim or where the release of the names of
any victim would be contrary to existing law or court rule.  In
deciding on the release of information as to the identity of a victim,
the safety of the victim and the victim's family, and the integrity of
any ongoing investigation, shall be considered;

	if an arrest has been made, information as to the defendant's
name, age, residence, occupation, marital status and similar
background information and, the identity of the complaining party
unless the release of such information is contrary to existing law or
court rule;

	information as to the text of any charges such as the complaint,
accusation and indictment unless sealed by the court or unless the
release of such information is contrary to existing law or court rule;

	information as to the identity of the investigating and arresting
personnel and agency and the length of the investigation;

	information of the circumstances immediately surrounding the
arrest, including but not limited to the time and place of the arrest,
resistance, if any, pursuit, possession and nature and use of weapons
and ammunition by the suspect and by the police; and

	information as to circumstances surrounding bail, whether it was
posted and the amount thereof.

	Notwithstanding any other provision of this subsection, where it
shall appear that the information requested or to be examined will
jeopardize the safety of any person or jeopardize any investigation in
progress or may be otherwise inappropriate to release, such
information may be withheld.  This exception shall be narrowly
construed to prevent disclosure of information that would be harmful
to a bona fide law enforcement purpose or the public safety.  Whenever
a law enforcement official determines that it is necessary to withhold
information, the official shall issue a brief statement explaining the
decision.

	L.1963,c.73,s.3; amended 2001, c.404, s.5.

47:1A-5  Times during which records may be inspected, examined,
copied; access; copy fees.

	6. a. The custodian of a government record shall permit the record
to be inspected, examined, and copied by any person during regular
business hours; or in the case of a municipality having a population
of 5,000 or fewer according to the most recent federal decennial
census, a board of education having a total district enrollment of 500
or fewer, or a public authority having less than $10 million in
assets, during not less than six regular business hours over not less
than three business days per week or the entity's regularly-scheduled
business hours, whichever is less; unless a government record is
exempt from public access by: P.L.1963, c.73 (C.47:1A-1 et seq.) as
amended and supplemented; any other statute; resolution of either or
both houses of the Legislature; regulation promulgated under the
authority of any statute or Executive Order of the Governor; Executive
Order of the Governor; Rules of Court; any federal law; federal
regulation; or federal order. Prior to allowing access to any
government record, the custodian thereof shall redact from that record
any information which discloses the social security number, credit
card number, unlisted telephone number, or driver license number of
any person; except for use by any government agency, including any
court or law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf thereof, or any private
person or entity seeking to enforce payment of court-ordered child
support; except with respect to the disclosure of driver information
by the Division of Motor Vehicles as permitted by section 2 of
P.L.1997, c.188 (C.39:2-3.4); and except that a social security number
contained in a record required by law to be made, maintained or kept
on file by a public agency shall be disclosed when access to the
document or disclosure of that information is not otherwise prohibited
by State or federal law, regulation or order or by State statute,
resolution of either or both houses of the Legislature, Executive
Order of the Governor, rule of court or regulation promulgated under
the authority of any statute or executive order of the Governor.
Except where an agency can demonstrate an emergent need, a regulation
that limits access to government records shall not be retroactive in
effect or applied to deny a request for access to a government record
that is pending before the agency, the council or a court at the time
of the adoption of the regulation.

	b.	A copy or copies of a government record may be purchased by
any person upon payment of the fee prescribed by law or regulation, or
if a fee is not prescribed by law or regulation, upon payment of the
actual cost of duplicating the record.   Except as otherwise provided
by law or regulation, the fee assessed for the duplication of a
government record embodied in the form of printed matter shall not
exceed the following: first page to tenth page, $0.75 per page;
eleventh page to twentieth page, $0.50 per page; all pages over
twenty, $0.25 per page. The actual cost of duplicating the record
shall be the cost of materials and supplies used to make a copy of the
record, but shall not include the cost of labor or other overhead
expenses associated with making the copy except as provided for in
subsection c. of this section.  If a public agency can demonstrate
that its actual costs for duplication of a government record exceed
the foregoing rates, the public agency shall be permitted to charge
the actual cost of duplicating the record.

	c.	Whenever the nature, format, manner of collation, or volume
of a government record embodied in the form of printed matter to be
inspected, examined, or copied pursuant to this section is such that
the record cannot be reproduced by ordinary document copying equipment
in ordinary business size or involves an extraordinary expenditure of
time and effort to accommodate the request, the public agency may
charge, in addition to the actual cost of duplicating the record, a
special service charge that shall be reasonable and shall be based
upon the actual direct cost of providing the copy or copies; provided,
however, that in the case of a municipality, rates for the duplication
of particular records when the actual cost of copying exceeds the
foregoing rates shall be established in advance by ordinance.  The
requestor shall have the opportunity to review and object to the
charge prior to it being incurred.

	d.	A custodian shall permit access to a government record and
provide a copy thereof in the medium requested if the public agency
maintains the record in that medium.  If the public agency does not
maintain the record in the medium requested, the custodian shall
either convert the record to the medium requested or provide a copy in
some other meaningful medium.  If a request is for a record: (1) in a
medium not routinely used by the agency; (2) not routinely developed
or maintained by an agency; or (3) requiring a substantial amount of
manipulation or programming of information technology, the agency may
charge, in addition to the actual cost of duplication, a special
charge that shall be reasonable and shall be based on the cost for any
extensive use of information technology, or for the labor cost of
personnel providing the service, that is actually incurred by the
agency or attributable to the agency for the programming, clerical,
and supervisory assistance required, or both.

	e.	Immediate access ordinarily shall be granted to budgets,
bills, vouchers, contracts, including collective negotiations
agreements and individual employment contracts, and public employee
salary and overtime information.

	f.	The custodian of a public agency shall adopt a form for the
use of any person who requests access to a government record held or
controlled by the public agency.  The form shall provide space for the
name, address, and phone number of the requestor and a brief
description of the government record sought.  The form shall include
space for the custodian to indicate which record will be made
available, when the record will be available, and the fees to be
charged.  The form shall also include the following: (1) specific
directions and procedures for requesting a record; (2) a statement as
to whether prepayment of fees or a deposit is required; (3) the time
period within which the public agency is required by P.L.1963, c.73
(C.47:1A-1 et seq.) as amended and supplemented, to make the record
available; (4) a statement of the requestor's right to challenge a
decision by the public agency to deny access and the procedure for
filing an appeal; (5) space for the custodian to list reasons if a
request is denied in whole or in part; (6) space for the requestor to
sign and date the form; (7) space for the custodian to sign and date
the form if the request is fulfilled or denied.  The custodian may
require a deposit against costs for reproducing documents sought
through an anonymous request whenever the custodian anticipates that
the information thus requested will cost in excess of $5 to reproduce.

	g.	A request for access to a government record shall be in
writing and hand-delivered, mailed, transmitted electronically, or
otherwise conveyed to the appropriate custodian.  A custodian shall
promptly comply with a request to inspect, examine, copy, or provide a
copy of a government record.  If the custodian is unable to comply
with a request for access, the custodian shall indicate the specific
basis therefor on the request form and promptly return it to the
requestor.  The custodian shall sign and date the form and provide the
requestor with a copy thereof.  If the custodian of a government
record asserts that part of a particular record is exempt from public
access pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and
supplemented, the custodian shall delete or excise from a copy of the
record that portion which the custodian asserts is exempt from access
and shall promptly permit access to the remainder of the record.  If
the government record requested is temporarily unavailable because it
is in use or in storage, the custodian shall so advise the requestor
and shall make arrangements to promptly make available a copy of the
record.  If a request for access to a government record would
substantially disrupt agency operations, the custodian may deny access
to the record after attempting to reach a reasonable solution with the
requestor that accommodates the interests of the requestor and the
agency.

	h.	Any officer or employee of a public agency who receives a
request for access to a government record shall forward the request to
the custodian of the record or direct the requestor to the custodian
of the record.

	i.	Unless a shorter time period is otherwise provided by
statute, regulation, or executive order, a custodian of a government
record shall grant access to a government record or deny a request for
access to a government record as soon as possible, but not later than
seven business days after receiving the request, provided that the
record is currently available and not in storage or archived.  In the
event a custodian fails to respond within seven business days after
receiving a request, the failure to respond shall be deemed a denial
of the request, unless the requestor has elected not to provide a
name, address or telephone number, or other means of contacting the
requestor.  If the requestor has elected not to provide a name,
address, or telephone number, or other means of contacting the
requestor, the custodian shall not be required to respond until the
requestor reappears before the custodian seeking a response to the
original request.  If the government record is in storage or archived,
the requestor shall be so advised within seven business days after the
custodian receives the request.  The requestor shall be advised by the
custodian when the record can be made available.  If the record is not
made available by that time, access shall be deemed denied.

	j.	A custodian shall post prominently in public view in the
part or parts of the office or offices of the custodian that are open
to or frequented by the public a statement that sets forth in clear,
concise and specific terms the right to appeal a denial of, or failure
to provide, access to a government record by any person for
inspection, examination, or copying or for purchase of copies thereof
and the procedure by which an appeal may be filed.

	k.	The files maintained by the Office of the Public Defender
that relate to the handling of any case shall be considered
confidential and shall not be open to inspection by any person unless
authorized by law, court order, or the State Public Defender.

	L.2001,c.404,s.6.

47:1A-6  Proceeding to challenge denial of access to record.

	7. 	A person who is denied access to a government record by the
custodian of the record, at the option of the requestor, may:

	institute a proceeding to challenge the custodian's decision by
filing an action in Superior Court which shall be heard in the
vicinage where it is filed by a Superior Court Judge who has been
designated to hear such cases because of that judge's knowledge and
expertise in matters relating to access to government records; or

	in lieu of filing an action in Superior Court, file a complaint
with the Government Records Council established pursuant to section 8
of P.L.2001, c.404 (C.47:1A-7). 

	The right to institute any proceeding under this section shall be
solely that of the requestor.  Any such proceeding shall proceed in a
summary or expedited manner. The public agency shall have the burden
of proving that the denial of access is authorized by law.  If it is
determined that access has been improperly denied, the court or agency
head shall order that access be allowed.   A requestor who prevails in
any proceeding shall be entitled to a reasonable attorney's fee.

	L.2001,c.404,s.7.

47:1A-7  Government Records Council.

	8. a. There is established in the Department of Community Affairs
a Government Records Council.  The council shall consist of the
Commissioner of Community Affairs or the commissioner's designee, the
Commissioner of Education or the commissioner's designee, and three
public members appointed by the Governor, with the advice and consent
of the Senate, not more than two of whom shall be of the same
political party.  The three public members shall serve during the term
of the Governor making the appointment and until the appointment of a
successor.  A public member shall not hold any other State or local
elected or appointed office or employment while serving as a member of
the council.  A public member shall not receive a salary for service
on the council but shall be reimbursed for reasonable and necessary
expenses associated with serving on the council and may receive such
per diem payment as may be provided in the annual appropriations act.
A member may be removed by the Governor for cause.  Vacancies among
the public members shall be filled in the same manner in which the
original appointment was made.  The members of the council shall
choose one of the public members to serve as the council's chair.  The
council may employ an executive director and such professional and
clerical staff as it deems necessary and may call upon the Department
of Community Affairs for such assistance as it deems necessary and may
be available to it.

	b.	The Government Records Council shall:

	establish an informal mediation program to facilitate the
resolution of disputes regarding access to government records;

	receive, hear, review and adjudicate a complaint filed by any
person concerning a denial of access to a government record by a
records custodian;

	issue advisory opinions, on its own initiative, as to whether a
particular type of record is a government record which is accessible
to the public;

	prepare guidelines and an informational pamphlet for use by
records custodians in complying with the law governing access to
public records;

	prepare an informational pamphlet explaining the public's right of
access to government records and the methods for resolving disputes
regarding access, which records custodians shall make available to
persons requesting access to a government record;

	prepare lists for use by records custodians of the types of
records in the possession of public agencies which are government
records; 

	make training opportunities available for records custodians and
other public officers and employees which explain the law governing
access to public records; and

	operate an informational website and a toll-free helpline staffed
by knowledgeable employees of the council during regular business
hours which shall enable any person, including records custodians, to
call for information regarding the law governing access to public
records and allow any person to request mediation or to file a
complaint with the council when access has been denied;

	In implementing the provisions of subsections d. and e. of this
section, the council shall: act, to the maximum extent possible, at
the convenience of the parties; utilize teleconferencing, faxing of
documents, e-mail and similar forms of modern communication; and when
in-person meetings are necessary, send representatives to meet with
the parties at a location convenient to the parties.

	c.	At the request of the council, a public agency shall produce 
documents and ensure the attendance of witnesses with respect to the
council's investigation of any complaint or the holding of any
hearing.

	d.	Upon receipt of a written complaint signed by any person
alleging that a custodian of a government record has improperly denied
that person access to a government record, the council shall offer the
parties the opportunity to resolve the dispute through mediation.
Mediation shall enable a person who has been denied access to a
government record and the custodian who denied or failed to provide
access thereto to attempt to mediate the dispute through a process
whereby a neutral mediator, who shall be trained in mediation selected
by the council, acts to encourage and facilitate the resolution of the
dispute.  Mediation shall be an informal, nonadversarial process
having the objective of helping the parties reach a mutually
acceptable, voluntary agreement.  The mediator shall assist the
parties in identifying issues, foster joint problem solving, and
explore settlement alternatives.

	e.	If any party declines mediation or if mediation fails to
resolve the matter to the satisfaction of all parties, the council
shall initiate an investigation concerning the facts and circumstances
set forth in the complaint.  The council shall make a determination as
to whether the complaint is within its jurisdiction or frivolous or
without any reasonable factual basis.  If the council shall conclude
that the complaint is outside its jurisdiction, frivolous or without
factual basis, it shall reduce that conclusion to writing and transmit
a copy thereof to the complainant and to the records custodian against
whom the complaint was filed.  Otherwise, the council shall notify the
records custodian against whom the complaint was filed of the nature
of the complaint and the facts and circumstances set forth therein.
The custodian shall have the opportunity to present the board with any
statement or information concerning the complaint which the custodian
wishes.  If the council is able to make a determination as to a
record's accessibility based upon the complaint and the custodian's
response thereto, it shall reduce that conclusion to writing and
transmit a copy thereof to the complainant and to the records
custodian against whom the complaint was filed.  If the council is
unable to make a determination as to a record's accessibility based
upon the complaint and the custodian's response thereto, the council
shall conduct a hearing on the matter in conformity with the rules and
regulations provided for hearings by a State agency in contested cases
under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1
et seq.), insofar as they may be applicable and practicable.  The
council shall, by a majority vote of its members, render a decision as
to whether the record which is the subject of the complaint is a
government record which must be made available for public access
pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and
supplemented.  If the council determines, by a majority vote of its
members, that a custodian has knowingly and willfully violated
P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, and
is found to have unreasonably denied access under the totality of the
circumstances, the council may impose the penalties provided for in
section 12 of P.L.2001, c.404 (C.47:1A-11).  A decision of the council
may be appealed to the Appellate Division of the Superior Court.  A
decision of the council shall not have value as a precedent for any
case initiated in Superior Court pursuant to section 7 of P.L.2001,
c.404 (C.47:1A-6).  All proceedings of the council pursuant to this
subsection shall be conducted as expeditiously as possible.

	f.	The council shall not charge any party a fee in regard to
actions filed with the council.  The council shall be subject to the
provisions of the "Open Public Meetings Act," P.L.1975, c.231
(C.10:4-6), except that the council may go into closed session during
that portion of any proceeding during which the contents of a
contested record would be disclosed.  A requestor who prevails in any
proceeding shall be entitled to a reasonable attorney's fee.

	g.	The council shall not have jurisdiction over the Judicial or
Legislative Branches of State Government or any agency, officer, or
employee of those branches.

	L.2001,c.404,s.8.

47:1A-8  Construction of act.

	9.	Nothing contained in P.L.1963, c.73 (C.47:1A-1 et seq.), as
amended and supplemented, shall be construed as limiting the common
law right of access to a government record, including criminal
investigatory records of a law enforcement agency.

	L.2001,c.404,s.9.

47:1A-9  Other laws, regulations, privileges unaffected.

	10. a. The provisions of this act, P.L.2001, c.404 (C.47:1A-5 et
al.), shall not abrogate any exemption of a public record or
government record from public access heretofore made pursuant to
P.L.1963, c.73 (C.47:1A-1 et seq.); any other statute; resolution of
either or both Houses of the Legislature; regulation promulgated under
the authority of any statute or Executive Order of the Governor;
Executive Order of the Governor; Rules of Court; any federal law;
federal regulation; or federal order.

	b.	The provisions of this act, P.L.2001, c.404 (C.47:1A-5 et
al.), shall not abrogate or erode any executive or legislative
privilege or grant of confidentiality heretofore established or
recognized by the Constitution of this State, statute, court rule or
judicial case law, which privilege or grant of confidentiality may
duly be claimed to restrict public access to a public record or
government record.

	L.2001,c.404,s.10.

47:1A-10  Personnel, pension records not considered public
information; exceptions.

	11.	Notwithstanding the provisions of  P.L.1963, c.73
(C.47:1A-1 et seq.) or any other law to the contrary, the personnel or
pension records of any individual in the possession of a public
agency, including but not limited to records relating to any grievance
filed by or against an individual, shall not be considered a
government record and shall not be made available for public access,
except that:

	an individual's name, title, position, salary, payroll record,
length of service, date of separation and the reason therefor, and the
amount and type of any pension received shall be a government record;

	personnel or pension records of any individual shall be accessible
when required to be disclosed by another law, when disclosure is
essential to the performance of official duties of a person duly
authorized by this State or the United States, or when authorized by
an individual in interest; and

	data contained in information which disclose conformity with
specific experiential, educational or medical qualifications required
for government employment or for receipt of a public pension, but not
including any detailed medical or psychological information, shall be
a government record.

	L.2001,c.404,s.11.

47:1A-11  Violations, penalties, disciplinary proceeding.

	12. a. A public official, officer, employee or custodian who
knowingly and willfully violates P.L.1963, c.73 (C.47:1A-1 et seq.),
as amended and supplemented, and is found to have unreasonably denied
access under the totality of the circumstances, shall be subject to a
civil penalty of $1,000 for an initial violation, $2,500 for a second
violation that occurs within 10 years of an initial violation, and
$5,000 for a third violation that occurs within 10 years of an initial
violation. This penalty shall be collected and enforced in proceedings
in accordance with  the "Penalty Enforcement Law of 1999," P.L.1999,
c.274 (C.2A:58-10 et seq.), and the rules of court governing actions
for the collection of civil penalties.  The Superior Court shall have
jurisdiction of proceedings for the collection and enforcement of the
penalty imposed by this section.

	Appropriate disciplinary proceedings may be initiated against a
public official, officer, employee or custodian against whom a penalty
has been imposed.

	L.2001,c.404,s.12.

47:1A-12  Court rules.

	13.	The New Jersey Supreme Court may adopt such court rules as
it deems necessary to effectuate the purposes of this act.

	L.2001,c.404,s.13.

47:1A-13  Annual budget request for the council.

	14.	The Commissioner of Community Affairs shall include in the
annual budget request of the Department of Community Affairs a request
for sufficient funds to effectuate the purposes of section 8 of
P.L.2001, c.404 (C.47:1A-7).

	L.2001,c.404,s.14.