New Jersey Open Public Records Act
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The Open Public Records Act, or OPRA, is the name of the New Jersey law guaranteeing access to public records in the state. OPRA became the state's sunshine law on January 8, 2002, when Donald DiFrancesco signed it. It replaced, and significantly improved, a pre-existing right-to-know law.
The Open Public Meetings Act regulates how governments hold public meetings.
[edit] Recent news
[edit] Transparency blocking
- Ocean City weighs hourly fee for researching records
- Corzine needs to provide full transparency on fiscal matters
- Bullet points not enough
More transparency blocking news from across the country.
[edit] Litigation
- In the end, high court prefers more secrecy
- Court rules for county clerk in records case
- Township is withholding public records, suit says
More FOIA litigation news from across the country.
[edit] Legislation
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More FOIA legislation news from across the country.
[edit] Sunshine Guardians
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Other Sunshine Guardians from across the country.
[edit] New Jersey's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked New Jersey #1 in the nation with an overall percentage of 65.40%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave New Jersey 87 points out of a possible 100, a letter grade of "B", and a ranking of 2 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked New Jersey's law as the 2nd best in the country, giving it a letter grade of "B".[3]
[edit] Features of the law
[edit] What records are covered?
Records in New Jersey include "any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file" [4]
Notable exemptions include but are not limited to:
- information held by a legislator concerning a constituent or contacts between legislators and constituent
- any communication within the legislature
- photographs of deceased individuals from coroner reports except for use by law enforcement and academic research
- criminal investigations including victim's records
- trade secrets
- anything falling under attorney-client privilege, where the state body acts as a client
- security information pertaining to individuals, infrastructure or electronics
- any information that would create unfair competition
- employee grievances and complaints as well as contract negotiations
- military discharge information
- personal information, including "social security number, credit card number, unlisted telephone number or driver license number" [4]
- academic research
- examinations
- records of charitable donations
- special collections of books or objects
- Student and applicant records
[edit] What agencies are covered?
Agencies included in the law are the executive and the legislature and all organizations created by those entities, as well as all levels of state and local government. [4]
[edit] Who may request records?
Citizens of New Jersey may request public documents of the state. Government "records shall be readily accessible for inspection, copying, or examination by the citizens of this State". [5] The one exception is convicted criminals seeking information on victims. [4]
[edit] Must a purpose be stated?
There is no requirement of a statement of purpose for OPRA requests. However, the law does not allow for anonymous requests.[4]
[edit] How can records be used?
There are no restrictions placed on the used of records.
[edit] Time allowed for response
- See also: Request response times by state.
New Jersey law allows for up to seven days to respond to a records request. Failure by a department to repond in the time frame is considered a denial of the request. [4]
[edit] Fees for records
According to New Jersey law fees for records, in general, may only include the physical cost of the means of duplication. However, when the request involves an "extraordinary expenditure of time and effort" an additional fee may be charged. [4]
[edit] Enforcement
The New Jersey Government Records Council is charged with enforcing the provisions of OPRA. The GRC:
- Responds to inquiries and complaints about the law from the public and public agency records custodians;
- Issues public information about the law and services provided by the Council;
- Maintains a toll-free help-line and Web site to assist the public and records custodians;
- Issues advisory opinions on the accessibility of government records;
- Delivers training on OPRA;
- Provides mediation of disputes about access to government records;
- Resolves disputes regarding access to government records.
[edit] Proposed changes
Sen. Loretta Weinberg is proposing to revamp the state's 1975 Open Public Meetings Act, which regulates how governments hold public meetings. "The advancement of new technologies has raised questions not envisioned when the Legislature adopted the measure three decades ago," said Weinberg during a Sunshine Week NJ FOG sponsored event.[6] The bill she is sponsoring is Senate Bill 1548[7] (Identical to Assembly Bill 2841[8]).
Assemblyman Joseph Cryan is sponsoring legislation to limit copying fees for public documents. "This bill represents a fair and equitable solution that would ensure all citizens have access to public records regardless of their financial ability to access them," said Cryan during a Sunshine Week NJ FOG sponsored event. [9] The bill he is sponsoring is Assembly Bill 1095. [10]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in New Jersey. For more information go the page or go to New Jersey sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
[edit] Impact of Lee v. Minner
In 2006, a federal appeals court (the Third Circuit) in the case Lee v. Minner rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
The Third Circuit's rulings apply to Delaware, New Jersey, [[Virginia Freedom of Information Act and Pennsylvania. As a result, the provision in the New Jersey Open Public Records Act that prohibits non-residents from access to records is likely to be considered invalid.
[edit] Notable requests
[edit] See also
[edit] External links
- Text of OPRA
- Website of the Government Records Council
- Obtaining police disciplinary records in NJ
- Open Government Guide to New Jersey
- Past articles on New Jersey
- Using OPRA Law
[edit] References
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