The Third Exception to OPRA’s Personnel Records Exemption

The third exception to OPRA’s personnel records exemption provides that:

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.

[N.J.S.A. 47:1A-10.]

In Kovalcik v. Somerset Cty. Prosecutor’s Office, 206 N.J. 581, 593 (2011), the Supreme Court has made it clear that this exception does not authorize disclosure of all records that “evidence an employee’s educational background or even that evidence an employee’s participation in educational pursuits generally.”  Rather, the Court held that the exception makes available only records “that would demonstrate that a government employee lacked a required credential and therefore failed to meet the minimum qualifications for the position.”

What this means is that if there is a certain training certificate or license or degree that must be obtained in order to hold a government position (or to receive a promotion), then the public is entitled to know that information.  So, a requestor could seek a copy of a Municipal Clerk’s RMC (Registered Municipal Clerk) license and continuing education certificates, N.J.S.A. 40A:9-133 requires clerks to receive an RMC certificate.  Similarly, if a requestor seeks a list of training courses that a police officer has taken, the agency must produce the list but may redact any courses that are not mandatory.

For more information about this blog post or any other OPRA question, please contact cgriffin@pashmanstein.com.

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