RECORDS OF POLICE DEPARTMENTS
WHEREAS,
Chapter 73, P.L. 1963, finds and declares it to be the public
policy of this State that public records shall be readily accessible
for examination by the citizens of this State for the protection
of the public interest except as otherwise provided by said law;
and
WHEREAS, Said Chapter 73 provides
that all records which are required by law to be made, maintained
or kept on file by State and local governmental agencies are to
be deemed to be pubic records, subject to inspection and examination
and available for copying, pursuant to said law; and
WHEREAS,
Said Chapter 73 provides that records which would otherwise be
deemed to be public records, subject to inspection and examination
and available for copying, pursuant to the provisions of said
law, may be excluded therefrom by Executive Order of the Governor
or by any regulation promulgated under the authority of any Executive
Order of the Governor; and
WHEREAS,
Section 3(b) of Executive Order No. 9 issued by Governor Richard
J. Hughes in 1963, states that "personnel and pension records
which are required to be made, maintained or kept by any State
or local governmental agency . . . shall not be deemed to be public
records subject to inspection and examination and available for
copying pursuant to the provisions of Chapter 73, P.L. 1963;"
and
WHEREAS,
Disclosure of the name, title and position of persons receiving
pensions and of the type and amount of pension being received,
is an insignificant invasion of privacy outweighed by the public's
right to know who it is employing, what jobs they are filling
and the identities of those receiving government pensions;
Now, THEREFORE, I, Brendan
Byrne, Governor of the State of New Jersey, by virtue of the authority
vested in me by the Constitution and statutes of this State, do
hereby ORDER and DIRECT:
- Section
3(b) of Executive Order No. 9 of Governor Richard J. Hughes
is rescinded and any regulations adopted and promulgated thereunder
shall be null and void.
-
-
Except
as otherwise provided by law or when essential to the performance
of official duties or when authorized by a person in interest,
an instrumentality of government shall not disclose to anyone
other than a person duly authorized by this State or the United
States to inspect such information in connection with his
official duties, personnel or pension records of an individual,
except that the following shall be public:
- An
individual's name, title, position, salary, payroll record,
length of service in the instrumentality of government
and in the government, date of separation from government
service and the reason therefor; and the amount and type
of pension he is receiving;
-
-
Data
contained in information which disclose conformity with
specific experimental, educational or medical qualifications
required for government employment or for receipt of a
public pension, but in no event shall detailed medical
or psychological information be released.
-
This
Executive Order shall take effect immediately.
