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McGEE v. TOWNSHIP OF EAST AMWELL

No. A-1233-09T2.

7 A.3d 785 (2010)

416 N.J. Super. 602

Joan McGEE, Appellant, v. TOWNSHIP OF EAST AMWELL (Hunterdon), Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 2010.

Attorney(s) appearing for the Case

Joan McGee , appellant pro se.

Gebhardt & Kiefer, P.C., attorneys for respondent Township of East Amwell (Richard P. Cushing, Annandale, on the brief).

Paula T. Dow , Attorney General, attorney for respondent Government Records Council (Debra A. Allen, Deputy Attorney General, on the statement in lieu of brief).

Before Judges CARCHMAN, GRAVES and MESSANO.

The opinion of the court was delivered by CARCHMAN, P.J.A.D.

On this appeal from a final decision of the Government Records Council (GRC or the Council) under Open Public Records Act (OPRA or the Act), N.J.S.A. 47:1A-1 to -13, we conclude that records created by a former public official are subject to the "deliberative process privilege" under OPRA. In addition, where an employee now claims that she has waived her privilege...

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