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Decisions deny OPRA request for names of officers and expand ‘public records’ definition In two recent decisions, the Appellate Divi- sion has provided guidance about what con- stitutes “public records” that must be released under the Open Public Records Act (OPRA). In Paff v. Bergen County, the Appellate Division denied an OPRA request for the names of cor- rections officers against whom complaints had been filed over a period of years. The court fur- ther held that a log the county provided, which redacted the names of the complainants and the officers, was a sufficient response to the OPRA request. In reaching its unanimous deci- sion, the Appellate Division reversed a Law Division decision that concluded that the information was not confidential and ordered disclosure of the officers’ names. The plaintiff in Paff filed an OPRA request seeking a log of complaints against corrections officers who had worked at the county jail since Jan. 1, 2012, including their names and the names of the complainants. The county released a redacted five- page summary identifying the number of complaints pending, the source of the complaint, the disposition of the complaint and a summary of closed cases. The documents blacked out identifying information concerning the complaining party, and the corrections officer alleged to have acted improperly. 12 NEW JERSEY COPS ■ APRIL 2017 Paff then filed a complaint in the Law Divi- sion alleging that the information had been improperly redacted, and requested an order releasing the unaltered copies of the inter- nal affairs summaries as well as attorney fees. Plaintiff’s complaint was based on OPRA and the common law right of access. The county ob- jected to plaintiff’s claims and asserted that the redacted information was exempt from disclo- sure as confidential, based upon the attorney general’s Internal Affairs Policies & Procedures (Guidelines) and the Bergen County Sheriff’s internal affairs investigation guidelines. The trial judge rejected the county’s arguments that the in- formation was confidential and ordered the county to release un-redacted copies of the records, and also awarded plaintiff attorney fees. The county appealed. The Appellate Division reversed the trial court and the award of attorney fees. It held that the information was confidential and, therefore, exempt from release under OPRA predominant- ly because the Guidelines include specific provisions providing for the confidentiality of certain information and materials de- veloped during an internal affairs investigation are confiden- tial. The court concluded that the sheriff followed these con-