Over the past decade, New Jersey courts have expanded the definition of “public agency” under the Open Public Records Act (OPRA) so that the statute covers more than what is traditionally thought to be a government agency (i.e., municipalities and state agencies). Through a series of decisions, our courts have made it clear that a nonprofit corporation will be subject to OPRA if it is an “instrumentality” of a public agency or was created by a public agency. Thus, our courts have held that separately incorporated day-care centers, business improvement districts and various associations are subject to OPRA. This article will explore what factors New Jersey courts consider in determining whether a nonprofit organization or other separately incorporated entity is a “public agency” subject to OPRA, and what steps that entity must take to comply with OPRA.
OPRA defines “public agency” as:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
