The issue before this court, one of first impression, is whether the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, compels the disclosure of email logs of public officials' personal computers discussing public business. The trial judge's order denied plaintiff Alex Rosetti's OPRA request of defendants Ramapo-Indian Hills Regional High School Board of Education (Board) and Thomas Lambe, the Board's records custodian, seeking email logs from the personal computers of past and current Board members (collectively Board members) discussing Board business. The judge decided the email logs were not government records and, if they were, they are too burdensome to produce.
The court reverses the trial judge's order and remands this matter. The court concludes the email logs on private servers are government records under N.J.S.A. 47:1A-1, and are disclosable based on Ass'n for Government Responsibility, Ethics & Transparency v. Borough of Mantoloking, 478 N.J. Super. 470, 489 (App. Div. 2024), where we held "OPRA's broad reach can include emails concerning government business, sent to or from personal accounts of government officials –– if the emails fall within the definition of government records."
On remand, the Board members must search their personal email accounts to determine if the sought-after email logs are available. If they determine the email logs are unavailable or there are burdens in producing them, they must produce Paff v. New Jersey Dep't of Labor, 392 N.J. Super. 334, 341 (App. Div. 2007). certifications. After giving plaintiff the opportunity to respond, the trial judge must then decide if a fact-finding hearing is necessary. Moreover, the judge must be satisfied the parties made good faith efforts to reasonably resolve their dispute. Only after this process occurs can the judge decide if production of the email logs should be provided, or if they are too burdensome to provide.