Murphy Signs OPRA Bill; Public Record Access Will Suffer, Critics Say

NEW JERSEY — A controversial overhaul of New Jersey’s open public records law crossed the finish line with a stroke of Gov. Phil Murphy’s pen on Wednesday.

Murphy gave a thumbs-up to S-2930/A-4045, which recently passed a vote in both chambers of the state Legislature. It will make changes to the New Jersey Open Public Records Act (OPRA), which guarantees the public’s right to certain government records, and creates an appeal process for denials. Learn more about OPRA here.

The bill will also appropriate $10 million in state funding to make the changes. Read the governor’s full statement on the new law here.

Some critics of the current process say an overhaul is long overdue, with multiple New Jersey towns citing expensive labor bills related to the requests.

Supporters of OPRA acknowledge that it could use an update – particularly the clauses that allow corporate businesses and data brokers to request records that are used for private profit. But the law is a crucial safeguard for democracy, they add, arguing that gutting it would be devastating to the public's “right to know” what their government is doing in their names.

The proposed law saw several revisions as it moved toward the finish line. Advocates continued to push Murphy to veto the bill up until its signing on Wednesday.

The ACLU of New Jersey – one of many social justice and free speech advocates against the overhaul – argued that the bill will “decimate” the public's ability to access government records and hold elected officials accountable for their actions.

Their concerns didn’t go unnoticed, the governor said.

“Before I discuss the merits of the bill, I want to acknowledge that I know that this decision will disappoint many members of the advocacy community, including a number of social justice, labor, and environmental organizations, among others,” Murphy wrote, explaining his decision to sign the bill into law.

“I have heard the many objections to the bill directly, and I know that they are made in good faith and with good intentions,” he continued. “I also commend everyone who has engaged in this debate for making their voice heard, which is the foundation of our democratic system of government.”

Murphy said the revised bill was carved out with “a great deal of discussion and compromise” – despite what some advocates are saying.

“The enactment of OPRA in 2002 was a landmark achievement that should be celebrated,” Murphy wrote. “But like any document meant to apply to a changing society, it must be periodically updated, particularly as technology is rapidly evolving. The Legislature’s task of balancing all of the interests involved in this challenging issue was not an easy one and should not be subject to derision.”

“While I do not believe the concerns raised about some provisions of the bill are irrational, I am persuaded that the safeguards in the bill and the protections provided by the GRC and the courts are sufficient to mitigate them,” he added.

Advocates disagreed.

Dena Mottola Jaborska, the executive director of New Jersey Citizen Action, said the bill doesn't fix any of the problems that its supporters say it will.

"Instead, it gives commercial interests the advantage of paying special fees to expedite their requests and shields government agencies, municipalities and public officials from unwanted but necessary public scrutiny," Jaborska insisted. "It makes it far more challenging for the public, journalists, nonprofits, and government watchdogs to obtain the information they need to ensure accountability and uncover corruption."

“This law is bad policy, bad politics, and bad news for anyone who believes that government should work for the people and not for special interests,” New Jersey Policy Perspective lamented after Wednesday's bill signing.

“Public records are how we shine a spotlight on corruption and hold officials accountable when they’re not doing what’s best for their communities,” the nonprofit said. “New Jersey just took a big step forward with our first primary election without ‘the line’ on the ballot, and now the state is taking two even bigger steps backward. This is a dark day for transparency, accountability, and democracy in New Jersey.”

“Sacrificing democracy and decreasing transparency in the effort to obtain public records will lead to even lower turnout at New Jersey polls,” said Barry Bendar, elections chair of Green Party of New Jersey.

“Every day, state and federal governments are sowing seeds to suppress people’s voices,” Bendar added. “This trend must stop!”

Not everyone was upset to see Murphy sign the OPRA overhaul bill, however.

The New Jersey State League of Municipalities said the move is a "long overdue modernization" of the law and thanked the governor as well as the bill's sponsors, Sens. Paul Sarlo and Anthony Bucco and Assembly members Joe Danielsen and Victoria Flynn.

"The new law will take effect in 90 days, just after Labor Day," the group noted. "It is imperative to remember that the existing requirements of OPRA remain in effect and the new provisions will not apply to OPRA requests submitted prior to the effective date."

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