In this Open Public Records Act (OPRA) litigation, the court considers whether the New Jersey Society for the Prevention of Cruelty to Animals (NJSPCA) should be exempt from complying with OPRA requests because it does not receive public funds and, staffed only with volunteers, it lacks the monies and personnel to facilitate the requests.
Discovery revealed that the NJSCPA had a budget of over $300,000 consisting of private donations and monies collected from municipal fines and penalties assessed on violators of animal cruelty laws. The trial judge determined that the OPRA request was not burdensome; most of the information sought could be found in NJSPCA's tax returns and reports.
The court concluded that because the NJSPCA is a public agency that receives public funds and performs a traditional government function, it is subject to OPRA, and must comply with requests made under the Act. It is the province of the Legislature to exempt the agency from OPRA's mandate. The court affirmed the orders compelling NJSPCA to comply with the Act and awarding plaintiff counsel fees.