Fire districts in New Jersey, which provide most of the state's firefighting services, are subject to the Open Public Records Act, though their member fire companies may not be subject to the same rules, the state Supreme Court ruled on Monday.

The court ruled unanimously that the fire districts are subject to OPRA because they are "instrumentalities" of the local governments they serve. Such districts may provide coverage for more than one municipality.

However, the court split 6-1 over the question of whether individual fire companies many of which are staffed only by volunteers should also be subject to OPRA. The majority, in an opinion written by Justice Jaynee LaVecchia, ruled that the fire companies are not automatically subject to OPRA.

A ruling to the contrary could have meant that those companies would be required to hire a records custodian to respond to OPRA requests.

Justice Barry Albin, in a partial concurrence and a partial dissent, agreed with the majority's ruling regarding the fire districts. He disagreed, though, with the majority's conclusion regarding local fire companies, saying they, too, received public funds and should therefore be governed by OPRA.

The majority said the records being sought from local fire companies can be subject to OPRA, but that those requests should be filtered through the fire districts, which must appoint public records custodians.

The case involves a retired police officer, Robert Verry, who requested the constitutions and bylaws of the Franklin Fire District No. 1 in Somerset County and one of its member companies, the Millstone Valley Fire Department.

After both the district and local fire department objected to the requests, Verry filed a complaint with the Government Records Council. Both the GRC and an appeals court, in an unpublished decision, agreed that both agencies were subject to OPRA.

LaVecchia wrote: "[W]e agree that the fire district, to which the OPRA request was made, is obliged to release such documents in its possession or to obtain them from a member volunteer fire company under its supervision and release them.

"OPRA demands such transparency and accountability of public agencies and the fire district is undoubtedly a public agency subject to OPRA," she said.

LaVecchia said the distinction between fire districts and member companies is that fire districts are empowered to hold annual elections, raise budgets through public votes, and issue notes and bonds.

The Millstone Valley Fire Department, by contrast, is a local volunteer agency that does not meet OPRA's definition of a public agency, the majority ruled.