As reported by NJ.com, a State Superior Court Judge has ruled that four (4) volunteer fire companies in Lakewood are government agencies subject to the New Jersey Open Public Records Act (“OPRA”).  Specifically, the Judge ruled that four (4) volunteer fire companies in Lakewood must produce rosters, check registries, e-mails, meeting minutes and resolutions, and other documents, under OPRA because they meet the definition of a public agency.

The companies alleged they did not have to turn over the documents, requested last year by Mat Stern, because each was not a government agency or instrumentality, and therefore not covered by the requirements of the OPRA.  They noted the companies formed in the late 1800s, before the governing fire district.

But State Superior Court Judge Vincent Grasso ruled that the companies violated the law by refusing to provide the documents, noting the fire companies were performing a government function and relied heavily on taxpayer money and property.  Grasso wrote in his decision that the fire district governing the companies uses tax revenue to pay for uniforms and workers’ compensation insurance, members’ pensions, as well as utility, repair and maintenance for the firehouses and fire trucks.  He also found the titles to the firehouses and all of the fire vehicles were held by the Board of Fire Commissioners, which itself has a policy that all companies within the district must comply with state public records and public meeting requirements.

“Although the fire companies were created in the late nineteenth century prior to the creation of the fire district, the creation test alone is not dispositive here, particularly in light of the Legislative goals of OPRA, “to maximize public knowledge about public affairs in order to ensure an informed citizenry and to minimize the evils inherent in a secluded process,” the judge wrote.

Finally, Judge Grasso rejected contentions by the fire companies that the effort and expense to comply with public record requests would cause them to cease operations, or that disclosure of financial information would lead to more competition for scarce charity dollars.

Tags: Lakewood, NJ Fire, NJ Firefighters, NJ Public Safety Officers, OPRA, volunteer fire companies
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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.

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