Patricia Gilleran v. Township of Bloomfield(076114)

149 A.3d 800, 227 N.J. 159, 2016 N.J. LEXIS 1274
CourtSupreme Court of New Jersey
DecidedNovember 22, 2016
DocketA-15-15
StatusPublished
Cited by34 cases

This text of 149 A.3d 800 (Patricia Gilleran v. Township of Bloomfield(076114)) 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
Patricia Gilleran v. Township of Bloomfield(076114), 149 A.3d 800, 227 N.J. 159, 2016 N.J. LEXIS 1274 (N.J. 2016).

Opinions

JUSTICE LaVECCHIA

delivered the opinion for the Court.

This appeal arises from a citizen request, pursuant to the Open Public Records Act (OPRA or the Act), N.J.S.A. 47:1A-1 to -13, and the common law right of access, for essentially a day’s worth of video footage from a stationary security camera attached to the second-story rear area of Bloomfield Town Hall, adjacent to the police station.

The Township of Bloomfield (Township) declined to release the videotape footage. According to the Township, allowing unrestricted access to security camera videotape—which would reveal not only what is and is not captured by the security camera, but also when and how well it is captured—would undermine the purpose of having a security camera system protecting the buildings and people within them. The Township asserted that the security exclusions of OPRA permitted withholding the videotape.

We granted leave to appeal from the Appellate Division’s affir-mance of a trial court order compelling release of the video under OPRA. We conclude that OPRA does not require release of video footage that reveals security capacity for security surveillance systems protecting public buildings. Although we find no OPRA right of access to video footage from such surveillance systems, that does not mean that a citizen may not obtain, when appropriate, some portion of video from a public facility’s security surveillance system, but that request must be subjected to the common law balancing of interests under a right-to-know claim. That common law claim was not reached in this matter so we leave that analysis for another day in the circumstances arising in this appeal.

[164]*164The security exceptions preserve the confidentiality of

emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the budding or facility or persons therein; [and]
security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons, property, electronic data or software[.]
[N.J.S. A 47:1A-1.1.]

The wholesale release of videotape footage from a surveillance camera, which is part of a government facility’s security system protecting its property, workers, and visitors, would reveal information about the system’s operation and also its vulnerabilities, jeopardizing public safety. The compelled release under OPRA, on demand for any or no reason, of a security system’s operational product revealing otherwise nonpublic information about monitoring capability is at odds with the legislative intent in creating security exceptions to OPRA. The security exceptions will be applied in a commonsense manner that fulfills the very purpose of having security-based exceptions, and we will do so mindful of present day practical challenges to maintenance of security in public facilities.

We hold that the security exclusions preclude disclosure under OPRA of the videotape requested in this matter.

I.

On April 7, 2014, plaintiff Patricia Gilleran emailed the Township’s Records Custodian requesting five days’ worth of footage— March 31, 2014 to April 4, 2014, from 7:00 a.m. to 9:00 p.m.—from a stationary security camera, which was attached to the back of the municipal building and which, she claimed, appeared to be directed toward the rear of Town Hall and a parking area that encompassed the Mayor’s parking space.

A clerk1 for the Township spoke with Gilleran, indicated that five days of footage would be voluminous, and asked if the request [165]*165could be winnowed. Gilleran accordingly reduced her request to one day of recordings: March 31, 2014, from 7:00 a.m. to 9:00 p.m. On April 11, 2014, Gilleran was informed by email that her request was denied pursuant to OPRA’s exemption for security information.

Gilleran commenced this action against the Township and its Records Custodian by filing a complaint in the Law Division seeking the requested footage under OPRA and the common law right of access. According to her complaint, plaintiff seeks the video footage to determine whether certain people had entered the municipal building. The complaint further alleges that the camera is in plain sight and captures video of a public area. Four photographs of the surveillance camera were appended to the complaint to depict that the camera is affixed to the second story of the municipal building’s wall, above a parking lot that includes the Mayor’s parking space.

The complaint contends that the videotape is a government record subject to access under OPRA and requests the court either to direct the Township to release the requested footage or to review the tapes in camera and order defendants to redact portions of the tape that are exempt and release the remainder. The complaint also demands the award of a civil penalty and attorney’s fees under OPRA. The complaint also seeks release of the videotape under the common law right of access.

In its answer, the Township contends that the footage is exempt as security information. The Township submitted two certifications: one from the clerk who responded to Gilleran’s request and the other from Ted Ehrenburg, Bloomfield’s Township Administrator. Ehrenburg certified that:

3. [ ] The camera from which the video was requested is located on the rear of Town Hall on the second story. Without revealing security information, the camera provides security for Town Hall and/or the Law Enforcement Building adjacent to Town Hall.
4. The cameras are strategically placed and smoked glass is placed over the cameras so that the public does not know the area that is being surveilled.
[166]*1665. Allowing access by the public to the video surveillance would defeat the entire purpose of having security cameras on Town Hall.
6. Again, without revealing security information, the area which is potentially surveilled is not only used by public employees but Police Officers who report to and from work, confidential informants who are brought into the Police Station, witnesses who are brought into the Police Station, domestic violence victims who are brought into the Police Station and members of the public who seek to report crimes.
7. If the public is given access to the video tapes, the safety of these individuals could be put in jeopardy.
8. Therefore, video surveillance which is essential to the security of the township buildings should not be provided to the public.

On the return date of the court’s order to show cause, plaintiff argued that, because the ease presents a novel OPRA issue, the court’s focus should be on the Act’s animating principle, which is to grant unfettered public access to government records. Plaintiff urged the court to find that none of OPRA’s security exemptions creates a blanket exemption for surveillance video footage based on a concern for security and that, therefore, the Township was obliged to examine the video to determine whether some portion of its contents would pose a security risk.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Borough of Spotswood v. Middlesex County Prosecutor's Office
New Jersey Superior Court App Division, 2026
In the Matter of the Expungement of the Criminal Records of C.T.
New Jersey Superior Court App Division, 2025
State of New Jersey v. Frank Nucera
New Jersey Superior Court App Division, 2024
Craig Szemple v. Morris County Prosecutor's Office
New Jersey Superior Court App Division, 2024
In Re Adoption of N.J.A.C. 5:105-1.6
New Jersey Superior Court App Division, 2024
Rosalyn Musker v. Suuchi, Inc.
New Jersey Superior Court App Division, 2024
David Goyco v. Progressive Insurance Company
Supreme Court of New Jersey, 2024
Antonio Fuster v. Township of Chatham
New Jersey Superior Court App Division, 2023
State of New Jersey v. Dennis F. Gargano, Jr.
New Jersey Superior Court App Division, 2023

Cite This Page — Counsel Stack

Bluebook (online)
149 A.3d 800, 227 N.J. 159, 2016 N.J. LEXIS 1274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patricia-gilleran-v-township-of-bloomfield076114-nj-2016.