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] Proposed changes
- Main article: Proposed reforms in state sunshine laws, 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]
[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%. [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]
[edit] Who May Request New Jersey 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". [9]
For requester residency requirements in other states, see the list of who can make public record requests by state.
[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] Relevant legal cases
- Asbury Park Press v. New Jersey Schools Construction Corporation, 2005
- Asbury Park Press v. Ocean County Prosecutor's Office, 2005
- Asbury Park Press v. Township of Neptune Sewerage Authority, 2005
- Gannett New Jersey Partners v. County of Middlesex, 2005
- Polillo v. Deane, 1977
[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 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] 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
- New Jersey on WikiFOIA
- Using OPRA Law
[edit] References
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