Generators were taken from the Warren County jail for personal use during Superstorm Sandy.
UPDATE: Why the county tried to shield 'generator-gate'
Documents detailing the investigation into sheriff's officers' personal use of generators from the Warren County jail during Superstorm Sandy may soon be released to the public.
The New Jersey Supreme Court on Friday declined to hear the case, allowing to stand lower court rulings ordering the county to release redacted records.
The county "has run out of steps," open-records advocate John Paff said in an email Tuesday, the same day he published the denial on his blog, NJ Open Government Notes.
Paff, as chairman of the New Jersey Libertarian Party's Open Government Advocacy Project, leads open-records cases around the state. He has pursued what he calls "generator-gate" for more than two years.
County Prosecutor Richard Burke, whose office handled the litigation, did not immediately respond to requests for comment.
More than one sheriff's officer allegedly used county generators during the aftermath of the 2012 storm that knocked out power around the region, in some places for weeks.
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An investigation by the county prosecutor's office determined no criminal charges were warranted. Sheriff David Gallant at the time said that employees were disciplined and no one was fired.
Paff sued in 2013 after most of his request for 13 documents was denied. He has said he wants to see if the decision not to prosecute was reasonable or if law enforcement officers were given a pass.
The county has opposed the release, saying that criminal investigations should remain confidential, in part to avoid infringing on the privacy of individuals not charged with a crime.
A previous court decision allows the identities of those involved to be redacted.
Paff has said he will publish the documents online.
"People should be able to view a discretionary act by an official and if it serves the public," he said after a lower court decision in December. "It is my belief that ultimately there would be more trust in law enforcement if law enforcement were candid."
Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.