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fidentiality provisions by properly redacting the names of the complainant and the corrections officers. The court further concluded that the plaintiff also was not entitled to the records under the common law right of access, which is a standard claim asserted in litigation under OPRA. Under the common law right of access, an individual seeking access to government records bears the burden to demonstrate that his or her interest in disclosure is greater than the public interest in maintaining confidentiality. In this case, the court concluded that balance must be struck in favor of nondisclo- sure based, in part, on the concern to maintain safety and se- curity in the facility and also to protect the names of the com- plainants who provided the information in reliance upon the fact that it would be confidential. The strongly worded opinion rejects the open-ended nature of some OPRA requests involving sensitive documents by bal- ancing the confidentiality of certain information with a recog- nition that disclosure of the names of corrections officers could undermine the safety and security in the county jail. We note that the OPRA request involved in this case is not uncommon. In fact, we are aware that the same plaintiff who filed the OPRA request in this case has filed other OPRA re- quests seeking similar law enforcement information as well. This decision should be helpful in protecting disclosure of this information in similar cases. Although the opinion is unpub- lished, and cannot be used as precedent, it will provide a road map for future cases. On the other hand, the Appellate Division’s published deci- sion in Scheeler v. Office of the Governor expanded the scope of what constitutes a “public record,” subject to disclosure under OPRA. In this case, a citizen made a wide-ranging request to the governor’s office for all OPRA requests anyone had made to that office, or other governmental agencies, concerning Bridge- gate issues. Similar requests were also made by an anonymous requester. The governor’s office refused to provide the informa- tion, contending that OPRA requests made by other citizens for public documents do not constitute a “public record,” and that in any event an individual is not entitled to receive copies of requests for records made by third parties. The Appellate Division disagreed, holding that a request for records previously made under OPRA is itself a “government record” and is the refore subject to disclosure. The court also re- jected the governor’s claim that giving out that sort of informa- tion would only serve to assist individuals in advancing their private interests in their own individual litigation. The argu- ment was that allowing them to discover requests made by an- other party would have no purpose other than determining the strategy of parties to litigation, particularly in a criminal mat- ter. But the court held that a party’s purpose in seeking to learn about OPRA requests made by third parties is irrelevant, even though it might give insight into what a defendant in another matter thought was an important record. Nor may the request- er of government documents claim a right of “privacy” so other individuals or newspapers may not find out who has requested documents from government agencies. In fact, the court ruled that anonymous requests for documents must also be honored. This case again illustrates the breadth with which some OPRA requests are generally analyzed under current law. As long as a request is made with sufficient specificity that a governmental agency can determine what is being requested, and no coun- tervailing policy interest is in play, the courts have liberally in- terpreted the statute to ensure that documents are provided. More important, this case illustrates again how OPRA can be a very powerful weapon for PBA Locals or law enforcement offi- cers in seeking a variety of material. d www.njcopsmagazine.com ■ APRIL 2017 13