Paramus Loses Public Records Case

PARAMUS, NJ — A Superior Court judge ruled that the borough must provide public records to a New Jersey man after officials denied his request on that basis that he did not provide his home address.

Jeff Carter, a Somerset resident, submitted an Open Public Records Act request for purchase orders, vouchers, warrants involving Justin D. Santagata Esq. and his law firm and three others related to legal services provided to the borough and to see the borough's check register.

The borough said it would comply with the requests, but only if Carter provided his home address.

"Non-New Jersey residents are not entitled to documents under OPRA," the borough said in its response. "At this time we have no evidence that you are a New Jersey resident."

Paul Kaufman Esq. responded to the request claiming it was "intended to harass Paramus because the clerk did not possess the records initially sought."

Carter did not submit his address because he did not want it listed in public records, said Carter's attorney C.J. Griffin.

Superior Court Judge Bonnie Mizdol said Paramus violated the Open Public Records Act for not provided Carter with the requested information and must do so.

"Judge Mizdol's decision is important because it recognizes that a citizenship requirement ruling would not only bar out-of-state journalists and others from utilizing OPRA, but that it would inevitably result in citizens like Mr. Carter having to jump through numerous hoops to satisfy the agency that they are indeed citizens," said Griffin. "They stubbornly insisted only New Jersey citizens may use OPRA and that it was not enough for Mr. Carter to assure them that he is indeed a New Jersey citizen, but that he had to disclose his home address to them in order to prove it.

However, Mizdol also ruled that the borough can redact any information it determines is protected by attorney-client privilege and justifying each redaction.

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