N.J. Admin. Code § 13:1E-3.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:1E-3.2 - Records designated confidential

(a) In addition to records designated as confidential pursuant to the provisions of 47:1A-1 et seq., as amended and supplemented, any other law, regulation promulgated under the authority of any statute or Executive Order of the Governor, resolution of both houses of the Legislature, Executive Order of the Governor, Rules of Court, or any Federal law, Federal regulation, or Federal order, the following records shall not be considered government records subject to public access pursuant to 47:1A-1 et seq., as amended and supplemented:

1. Records concerning background investigations or evaluations for public employment, appointment to public office, or licensing, whether open, closed, or inactive;

2. Records, including standard operating procedures, manuals, and training materials, that may reveal: the identity of a confidential informant, a confidential source, a citizen informant, or undercover personnel; or an agency's surveillance, security, tactical, investigative, or operational techniques, measures, or procedures, which, if disclosed, would create a risk to the safety of persons, property, electronic data, or software, or compromise an agency's ability to effectively conduct investigations;

3. Records, including standard operating procedures, manuals, and training materials that may reveal: case or matter specific legal strategy or advice, attorney work product, attorney-client privileged material, or other privileged material;

4. Records, specific to an individual employee or employees - other than those records enumerated in 47:1A-10 as available for public access - and relating to or which form the basis of discipline, discharge, promotion, transfer, employee performance, employee evaluation, or other related activities, whether open, closed, or inactive, except for the final agency determination;

5. That portion of any inventory of State and local emergency resources compiled and any policies or plans compiled by an agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, including employee emergency contact information, which, if disclosed, would substantially interfere with the State's ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of terrorism or sabotage;

6. Records pertaining to the collective negotiations process; and

7. The duty assignment of an individual law enforcement officer or any personally identifiable information that may reveal or lead to information that may reveal such duty assignment, including, but not limited to, overtime data pertaining to an individual law enforcement officer.

N.J. Admin. Code § 13:1E-3.2

Amended by R.2014 d.056, effective 4/7/2014.
See: 45 N.J.R. 2023(a), 46 N.J.R. 627(c).
In the introductory paragraph of (a), inserted a comma following the second occurrence of "regulation"; deleted former (a)1; recodified former (a)2 and (a)3 as (a)1 and (a)2; in (a)1, inserted a comma following "office" and following "closed"; rewrote (a)2 and (a)4, and added new (a)3.