Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities

25 A.3d 1063, 207 N.J. 489, 2011 N.J. LEXIS 925
CourtSupreme Court of New Jersey
DecidedAugust 23, 2011
DocketA-36 September Term 2010 066228
StatusPublished
Cited by36 cases

This text of 25 A.3d 1063 (Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities, 25 A.3d 1063, 207 N.J. 489, 2011 N.J. LEXIS 925 (N.J. 2011).

Opinion

Justice ALBIN

delivered the opinion of the Court.

The New Jersey State League of Municipalities (League) is a nonprofit, unincorporated association created pursuant to statutory authority, N.J.S.A 40:48-22. The League represents all 566 of New Jersey’s municipalities. The League’s governing board eon- *493 sists of various elected municipal officials, its budget is partly financed through public funds, and its employees are members of the Public Employees’ Retirement System. Part of the League’s mission is to lobby for beneficial legislation and to file lawsuits furthering the interests of municipalities as a whole.

The issue before us is whether the League is a “public agency” that possesses “government record[s]” within the meaning of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The trial court concluded that under OPRA the League is not a public agency, primarily because it does not carry out any traditional governmental function. The court therefore dismissed the lawsuit filed by Fair Share Housing Center, Inc. (Fair Share) demanding the release of certain records in the League’s possession. The Appellate Division affirmed. Fair Share Hous. Ctr., Inc. v. N.J. State League of Municipalities, 413 N.J.Super. 423, 434, 995 A.2d 865 (App.Div.2010).

We now reverse. The League meets the definition of a public agency for OPRA purposes — it is an “instrumentality ... created by ... political subdivisions.” See N.J.S.A 47:1A-1.1. As a public agency, the League must make available government documents as required by OPRA. We remand to the trial court to determine whether the documents requested by Fair Share fall within the class of documents that must be made available under OPRA.

I.

A.

In 1915, an Act of the Legislature authorized the creation of the New Jersey State League of Municipalities. 1 See L. 1915, c. *494 163. That year the League came into being. The current version of the 1915 Act is now set forth in N.J.S.A 40:48-22. That statute provides: “Any municipality ... may join with any other municipality or municipalities in the formation of an organization of municipalities, for the purpose of securing concerted action in behalf of such measures as the organization shall determine to be in the common interest of the organizing municipalities.” N.J.S.A 40:48-22.

The League is a nonprofit, unincorporated association, today representing all of New Jersey’s 566 municipalities. The objectives of the League, which are set forth in its constitution, include “[t]he promotion of the general welfare of the municipalities of the State”; “[t]he study and advocacy of necessary and beneficial legislation affecting municipalities and the opposition of legislation detrimental thereto”; and the taking of “such action or actions in the interest of the public welfare as are permitted by” law. More than 13,000 elected and appointed municipal officials, including over 560 mayors, are members of the League. The League’s officers consisted of three mayors and a municipal council member during the relevant time period. Its seventeen employees are members of the Public Employees’ Retirement System (PERS). A 1955 Attorney General Memorandum Opinion declared that the League was “a public agency or organization” and therefore “its employees are eligible for membership in [PERS].” 2

*495 Sixteen percent of the League’s budget is comprised of taxpayer public funds in the form of membership fees from each municipality. More than one-half of the League’s annual income is raised at a yearly convention.

The League — according to its executive director — “is a lobbying organization for local government interests as a whole in New Jersey,” and its officials “testify at State Legislative hearings on a variety of issues of interest to local government.” In addition to publishing a magazine, the League also “conducts many educational programs for local government officials on subjects of interest to municipalities.”

Moreover, the League has instituted legal actions for the purpose of advancing the interests of its member municipalities. See, e.g., N.J. State League of Municipalities v. Kimmelman, 105 N.J. 422, 522 A.2d 430 (1987); N.J. State League of Municipalities v. State, 257 N.J.Super. 509, 608 A.2d 965 (App.Div.1992). The caption of this latter ease refers to the League as a “public agency.”

B.

In 2008, the Council on Affordable Housing (COAH), acting pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 to -329.19, proposed regulations to “establish the obligations of municipalities to provide affordable housing during the ‘third round’ period from 1999 to 2018 and provide mechanisms for municipalities to achieve compliance with those obligations.” In re Adoption of N.J.A.C. 5:96 and 5:97, 416 N.J.Super. 462, 470-71, 6 A.3d 445 (App.Div.2010), certif. granted, 205 N.J. 317, 15 A.3d 325 (2011). As part of the rulemaking process, in March 2008 the League filed comments with COAH opposing the proposed Third Round regulations. The League expressed its concern that the “nearly $19 billion” cost of complying with the proposed regulations — a cost that would be *496 borne “solely [by] builders and municipal property taxpayers”— would “negatively impact the economy of the State, and [would] impose substantial burdens on the property taxpayer in contravention of the Fair Housing Act.”

Shortly afterwards, Fair Share Housing Center, Inc. wrote to the League’s Executive Director, William Dressel, requesting particular documents pursuant to OPRA. 3 Specifically, Fair Share’s letter requested: (1) “any studies, correspondence or other public records that were generated by any League employee or consultant” relating to the League’s assertion that the proposed COAH regulations would impose substantial burdens on taxpayers; (2) letters and emails either received from the League or sent to COAH regarding the Third Round regulations; and (3) all documents provided to certain named League committees.

In his reply, Mr. Dressel declined to provide the requested documents on the ground that the League “is not covered by” OPRA.

C.

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Bluebook (online)
25 A.3d 1063, 207 N.J. 489, 2011 N.J. LEXIS 925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fair-share-housing-center-inc-v-new-jersey-state-league-of-nj-2011.