New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 2 - CONFIDENTIALITY OF RECORDS › Section 19:33-2.2 - Records designated as confidential not subject to disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				  records designated as confidential pursuant to the provisions of
				  N.J.S.A.
				  47:1A-1et seq., any other statute, resolution
				  of either or both Houses of the Legislature, an Executive Order of the
				  Governor, rule promulgated under the authority of any statute or Executive
				  Order of the Governor, Rules of Court, any Federal law, Federal regulation, or
				  Federal order, the following records shall not be considered government records
				  subject to public access pursuant to
				  N.J.S.A.
				  47:1A-1et seq.:
1. All portions of records, including
				  electronic communications, that contain advisory, consultative, or deliberative
				  information or other records protected by a recognized privilege;
2. Records relating to mediation or other
				  alternative dispute resolution (ADR) proceedings conducted by, or on behalf of,
				  the SDA, except that any records that were open for public inspection,
				  examination, or copying prior to mediation or other ADR proceeding shall
				  continue to be available for public inspection, examination, or copying,
				  during, and after, mediation or other ADR proceeding. Final agreements
				  resulting from mediation or other ADR proceeding shall be available for public
				  inspection, examination, or copying;
3. Notes of mediators or other persons
				  involved in any ADR proceedings involving the SDA;
4. Information concerning individuals as
				  follows:
i. Social Security
				  numbers;
ii. Home addresses, home
				  telephone numbers, personal cell phone numbers, or personal email
				  addresses;
iii. Information
				  relating to medical, psychiatric, or psychological history, diagnosis,
				  treatment, or evaluation;
iv.
				  Information in an income or other tax return;
v. Information describing a natural person's
				  finances, income, assets, liabilities, net worth, bank balances, financial
				  history or activities, or credit worthiness, except as otherwise required by
				  law to be disclosed; and
vi. Any
				  other information, the disclosure of which might reasonably be expected to
				  endanger the safety of any person;
5. Notices, orders, reports, and decisions
				  not yet served upon the person(s) to whom they are addressed;
6. Unapproved minutes of public
				  meetings;
7. Minutes of closed
				  sessions at public meetings, for such time as the issue that warranted the
				  closed session discussion remains unresolved or uncompleted, or until the
				  rationale for the closed session is no longer applicable;
8. Documents relating to pending contract
				  negotiations, proposed change orders, or pending contract claims. Such
				  documents shall be confidential and exempt from disclosure until such time that
				  the contract negotiation, change order, or contract claim in question is
				  resolved through a final agreement executed by the parties, is withdrawn by the
				  claimant, or is otherwise terminated or finally adjudicated;
9. Plans and specifications for any schools
				  or school facilities projects, whether construction of the facility depicted in
				  such documents has been commenced or completed, including, but not limited to,
				  drawings, diagrams, renderings, site plans, photographs, video recordings,
				  and/or operational, training, or maintenance manuals that:
i. Show or describe means of ingress and/or
				  egress for such school facilities;
ii. Show parking areas, driveways, access
				  areas, and the like, for school facilities, and/or that identify a securable
				  perimeter;
iii. Describe details of
				  doors, windows, skylights, access hatches, and the like, for school
				  facilities;
iv. Show or describe
				  the location, configuration, or operational parameters of critical systems or
				  infrastructure of a school facility;
v. Show or describe the location,
				  configuration, or operational parameters of alarm, security, or video
				  surveillance systems, including, but not limited to, the location, orientation,
				  and type of access devices, locking devices, and security cameras;
vi. Show or describe the operational
				  parameters, configurations, or vulnerabilities of critical systems or
				  equipment, or components of such critical systems;
vii. Show or describe emergency or security
				  information or procedures for any building or structure comprising or ancillary
				  to a school facility; or
viii. Any
				  other documents that could assist individuals or entities that wish to do harm
				  to the occupants of school buildings;
10. Portions of records identifying the
				  author of scoresheets and/or evaluations prepared as part of the selection
				  committee process for any SDA procurement. This exclusion shall not preclude
				  the disclosure of the scoresheets or evaluations if redacted to remove the
				  exempted information, nor shall it preclude the identification of the names and
				  qualifications of selection committee members for a particular procurement, as
				  required by law;
11. Bid
				  submissions and evaluative documents associated with a procurement subject to
				  negotiations on price or other terms, prior to any Notice of Award for such
				  procurement;
12. Any documents
				  related to the SDA's acquisition or disposition of property, identifying
				  properties and lands to be acquired or disposed of, by the SDA, including
				  estimates, appraisals, environmental assessments, surveys, or costs of
				  obtaining any right-of-way, until such time as the closing of title is
				  concluded; and
13. Records of
				  another department or agency, which are in the possession of the SDA, when such
				  records are made confidential by a regulation of that department or agency
				  adopted pursuant to
				  N.J.S.A.
				  47:1A-1et seq., and Executive Order No. 26
				  (McGreevey 2002), or pursuant to another law authorizing the department or
				  agency to make records confidential or exempt from disclosure.