N.J. Admin. Code § 5:105-2.8

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:105-2.8 - In camera inspections

(a) The Council may, at its discretion, issue an administrative order or interim order for in camera inspection of the documents that are the subject of a denial of access complaint. Both parties will be notified that an in camera inspection has been ordered through an administrative order or interim order.

(b) Notice of inspection: The Council shall provide the custodian with advance written notice of the in camera inspection. The notice shall include, in addition to such other information as may be deemed relevant:

1. The documents requested to be inspected; and

2. The manner in which the documents are to be presented to the Council for inspection.

(c) Presentation of documents to the Council: The custodian, or their representative, shall:

1. Deliver the documents for inspection, in a sealed envelope, to the Executive Director of the Council, or such other person as the Council may designate; and

2. Deliver to the Executive Director of the Council, or such other person as the Council may designate, and to the complainant, a certification signed by the custodian stipulating that the copies of the documents delivered to the Council are true and complete copies of the documents in question with no alterations or redactions, and an in camera inspection index that:

i. Gives the title or name of each document, or any parts thereof, claimed to be exempt from disclosure;

ii. Provides a general description of each document. The descriptions should be general enough to explain the exemptions without compromising the alleged reason for their exemption from disclosure;

iii. Lists the reasons that each document, or any parts thereof, are alleged to be exempt from disclosure; and

iv. Lists a full explanation why the alleged reason for exemption from disclosure applies to each document.

3. The requirements in (c)2 above shall be presented in the format of a document index consistent with the document index required on the Statement of Information form that may be obtained from Council's staff or downloaded from the GRC website (www.nj.gov/grc).

(d) Upon receipt of the certification and document index at (c)2 above, complainants will be permitted to respond within five business days of receipt of said certification and index.

(e) Neither the Council, nor anyone else authorized to inspect the documents, shall make copies of same.

(f) Anyone authorized to access the documents shall not take any notes making reference to specific information contained in the documents.

(g) The Council shall review the documents in closed session at any of its regular monthly meetings or at a special meeting conducted pursuant to the Open Public Meetings Act, N.J.S.A. 10:4-6 to 10:4-21.

(h) The Council shall have the option, at its discretion and while in the public session of any its regular monthly meetings conducted pursuant to the Open Public Meetings Act, N.J.S.A. 10:4-6 to 10:4-21, of asking the custodian questions regarding the document(s) in question.

(i) Neither the complainant nor the custodian, nor any of their representatives, shall be present during the in camera inspection.

(j) After inspecting the documents, the Council shall announce its decision at an open public meeting and provide written notice of its decision to all parties to the complaint, in accordance with N.J.A.C. 5:105-2.6(d).

(k) During public session, anyone involved in the in camera inspection shall forego all mention of the specific contents of the documents. Reference shall only be made to the assigned reference number or to the general descriptions of the documents listed in the in camera inspection index.

(l) Upon completion of the in camera inspection, the Council will seal a copy of the documents and destroy all duplicate copies. The sealed documents shall be exempt from disclosure under OPRA, in accordance with N.J.A.C. 5:105-1.6 and the common law.

N.J. Admin. Code § 5:105-2.8

Amended by 54 N.J.R. 2081(a), effective 11/7/2022