New Jersey Open Public Records Act
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 New Jersey Open Public Meetings Act regulates how governments hold public meetings.
To learn more about how to make a public records request in this state, please see: New Jersey FOIA procedures
Recent news
- See also: New Jersey transparency headlines
Transparency blocking
- Ocean City weighs hourly fee for researching records 2009-06-11 15:37:59
- Corzine needs to provide full transparency on fiscal matters 2009-06-11 15:30:56
- Bullet points not enough 2009-06-11 15:26:31
More transparency blocking news from across the country.
Litigation
- New Jersey court of appeals rules that League of Municipalities is not a public body 2010-06-01 12:20:54
- New Jersey appellate panel releases insurance settlement records 2010-05-26 09:52:19
- In the end, high court prefers more secrecy 2009-06-11 15:46:56
More FOIA litigation news from across the country.
Legislation
- New Jersey passes uniform copy cost bill 2010-09-16 18:35:51
- Dover NJ requires citizens to turn over meeting videos for copying 2010-08-16 12:58:13
More FOIA legislation news from across the country.
Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
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)
| Lawsuit | Year |
|---|---|
| Asbury Park Press v. New Jersey Schools Construction Corporation | 2005 |
| Asbury Park Press v. Ocean County Prosecutor's Office | 2004 |
| Asbury Park Press v. Township of Neptune Sewerage Authority | 2005 |
| Burnett (Cimino) v. Gloucester County | 2010 |
| Fair Share Housing Center v. New Jersey League of Municipalities | 2010 |
| Gannett New Jersey Partners v. County of Middlesex | 2005 |
| Gench v. Hunterdon County | 2010 |
| Monmouth County v. Asbury Park Press | 2010 |
| Nero v. Hyland | 1978 |
| Polillo v. Deane | 1977 |
| Times of Trenton v. Lafayette Yard CDC | 2005 |
Proposed changes
- See also Proposed transparency legislation, 2010 or find sample transparency legislation at the Sunshine Standard
2011
We do not currently have any legislation for New Jersey in 2011. To add some, please see WikiProject Proposed state sunshine legislation.
2010
Here are a list of 30 random bills from New Jersey from 2010. For a full list, please see New Jersey transparency legislation.
|
2009
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.[1] The bill she is sponsoring is Senate Bill 1548[2] (Identical to Assembly Bill 2841[3]).
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. [4] The bill he is sponsoring is Assembly Bill 1095. [5]
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%. [6]
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.[7]
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".[8]
Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
Declared legal intention
The declared legal intention of the New Jersey Open Public Records Act states:
- "government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access accorded by P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented, shall be construed in favor of the public's right of access;
- all government records shall be subject to public access unless exempt from such access by: P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented; any other statute; resolution of either or both houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law, federal regulation, or federal order ;
- a public agency has a responsibility and an obligation to safeguard from public access a citizen's personal information with which it has been entrusted when disclosure thereof would violate the citizen's reasonable expectation of privacy; and nothing contained in P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, shall be construed as affecting in any way the common law right of access to any record, including but not limited to criminal investigatory records of a law enforcement agency."[9]
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" [10]
Exemptions
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" [11]
- academic research
- examinations
- records of charitable donations
- special collections of books or objects
- Student and applicant records[12]
Deliberative process
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. [13]
Legislature
The New Jersey legislature explicitly falls within the definition of public body found at New Jersey Ann. Stat. 47:1A-1.1 and is thus subject to the act.
Privatized governmental agencies
Private entities in New Jersey are subject to the public records law if they receive public funds, were created by a public body, are controlled by a public body or perform a public function. [14]
Public universities
The definition of public body presumably includes public universities within the state. However academic research, examinations and records of charitable donations are all exempt under New Jersey Ann. Stat. 47:1A-1.1 as well as student and applicant records.
Who may request records?
The law states that 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". [18]The one exception is convicted criminals seeking information on victims. [19] However, restrictions placed by states on requesters from other states have been overturned in federal court in the case of Lee v. Minner.
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, Arkansas, Pennsylvania and any other state who permits access to only state citizens. 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.
Must a purpose be stated?
There is no requirement of a statement of purpose for OPRA requests. The law allows for anonymous requests with limited exceptions.[20]
How can records be used?
There are no restrictions placed on the used of records.
Time allowed for response
- 7 days
New Jersey law allows for up to seven days to respond to a records request. Failure by a department to respond in the time frame is considered a denial of the request. [21]
Fees for records
Copy costs:
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. [22] Gov. Christie recently signed into law a bill that allows the state to only charge $0.05 for letter sized documents and $0.07 for legally sized documents.[23][24] Prior to the law, the state could charge as much as $0.75 per document.
Search fees:
New Jersey law does not permit public bodies to charge for search fees.
Records commissions and ombudsmen:
The New Jersey Government Records Council was established by statute and is charged with enforcing the provisions of the New Jersey Open Public Records Act. 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.
Role of the Attorney General
The State Attorney General serves no specific role in the enforcement of the open records law other than standing in as acting attorney for the Government Records Council.
Notable requests
See also
- New Jersey Government Records Council
- New Jersey FOIA procedures
- New Jersey transparency headlines
- New Jersey transparency advocates
- New Jersey transparency legislation
- Private agency, public dollars-New Jersey
- New Jersey Open Public Meetings Act
- New Jersey passes uniform copy cost bill
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
References
- ↑ NJ FOG
- ↑ Text of S1548
- ↑ Text of A2841
- ↑ NJ FOG
- ↑ Text of A1095
- ↑ 2008 BGA-Alper Integrity Index
- ↑ States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ New Jersey Stat. Ann.47:1A-1
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ Private agency, public dollars-New Jersey
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-2.2
- ↑ New Jersey Ann. Stat. 47:1A-1.1
- ↑ New Jersey Ann. Stat. 47:1A-5
- ↑ New Jersey Ann. Stat. 47:1A-5
- ↑ Cape May County Herald, Affordable Fees for Copies of Records Signed Into Law, Sept. 10, 2010
- ↑ Sunshine Review article on AB 559
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