Private Account, Public Business: NJ Supreme Court Reinforces OPRA’s Reach to Private Email Accounts Used for Government Business

New Jersey, like all states, has a statute that allows citizens to gain access to government records. New Jersey’s Open Public Records Act, or OPRA, extends to emails between government officials communicating about government business (unless covered by an exemption). But what if a government official uses their personal email to discuss or conduct government business? Last week, the New Jersey Supreme Court reiterated in Alex Rosetti v. Ramapo-Indian Hills Regional High School Board of Education that these government-business related emails are public records subject to OPRA, and, if requested, government agencies are required to provide a log of government-related emails from private email accounts.

The case stemmed from a January 2023 OPRA request by Rosetti to the Ramapo-Indian Hills Regional High School Board of Education, which asked, among other things, for logs from the Board members’ private email accounts used to conduct Board business. Ultimately, Rosetti narrowed his request to include only government-related emails on personal email accounts, which, he contended, could be accomplished by searching for emails between and among the Board members.

Rejecting a narrower view of OPRA’s requirements pressed by the State, the Supreme Court held that state agencies and municipalities are required to produce log of private email accounts used to conduct government business. Previously, in in Paff v. Galloway Township, 229 N.J. 340 (2017), the Supreme Court had required production of a similar log of government email accounts and allowing agencies and municipalities to avoid a similar obligation on private email accounts would potentially shield those emails from public scrutiny. As to Rosetti’s request, the Board members should search their private accounts for government-related emails and provide a log, but they should also “submit a certification detailing the searches they conducted in their private email accounts so that, on review, a trial or appellate court can assess whether proper searches were completed to capture all relevant Board-related emails.”

The Court concluded by strongly advising government employees and elected officials to avoid blurring the lines of business and personal and refrain from using personal email accounts when conducting government-related business. For businesses and individuals seeking government records, the case is a reminder of the burden on the requesting party to seek records beyond the normal to ensure that all government records have been produced.

For questions and more information on OPRA and public records requests, please contact please contact Partner Lawrence Bluestone, Esq. via email here or call 973.533.0777.