Paff v. New Jersey State Firemen's Ass'n
431 N.J. Super. 278
| N.J. Super. Ct. App. Div. | 2013Background
- Association was created by an 1885 statute to assist indigent firefighters and their families.
- Its powers over local associations expanded over time, including oversight, asset control, and direct benefit payments.
- Funding derives largely from taxes on fire insurance premiums collected and distributed by the Association to local groups and the Firemen’s Home.
- State oversight exists through the Banking and Insurance Commissioner and annual financial reporting; the Association’s funds are subject to state regulation and audit.
- The record shows substantial 2010-2011 activity: burial benefits, relief payments, convention expenses, and a multi-million-dollar premium-tax flow to local associations with sizeable aggregate assets.
- Plaintiff, a life member, requested OPRA records including executive committee pension records; the Association claimed OPRA did not apply as the entity was not a public agency; the trial court dismissed, and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Association is a public agency under OPRA. | Plaintiff contends it is a public agency subject to OPRA. | Association argues it is not a public agency. | Yes; Association is an independent State instrumentality and a public agency. |
Key Cases Cited
- Sussex Commons Associates, LLC v. Rutgers, 210 N.J. 531, 46 A.3d 536 (N.J. 2012) (OPRA scope for public agencies; guidance on a public-function test)
- Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities, 207 N.J. 489, 25 A.3d 1063 (N.J. 2011) (public agency status for nonprofit instrumentality created by statute)
- The Times of Trenton Publ’g Corp. v. Lafayette Yard Community Development Corp., 183 N.J. 519, 874 A.2d 1064 (N.J. 2005) (creation test; public agency status due to control/creation by city)
- League of Municipalities v. New Jersey, 207 N.J. 503 (N.J. 2011) (definition of instrumentality; broad OPRA interpretation)
- Rutgers, The State University of New Jersey v. State, 210 N.J. 531, 46 A.3d 536 (N.J. 2012) (OPRA scope; clinical programs not public; guidance on public access)