NJ Activists Blast 'Fast-Tracking' Of Bill That Would Gut OPRA Access

NEW JERSEY — A proposed law in New Jersey that would make it harder for people to file public records requests is scheduled for hearings on Monday, and it has some advocates questioning why it's being "fast-tracked" through the Legislature.

The New Jersey Open Public Records Act (OPRA) guarantees the public’s right to certain government records, and creates an appeal process for denials. Learn more about the law here.

Some critics of the current process allege that it needs to be revamped, with multiple New Jersey towns citing expensive labor bills related to the requests. But supporters of the act say that OPRA is a crucial safeguard for democracy, and argue that gutting it would be devastating to the public's "right to know."

This controversy is set for another showdown next week, when the Assembly State and Local Government Committee considers A-4045, and the Senate Budget and Appropriations Committee takes up S-2930.

The legislative push is being led by two Democratic lawmakers: Joe Danielsen (NJ-17) in the Assembly, and Paul Sarlo (NJ-36) in the Senate.

Here are some of the things that the bill would do if it becomes law:

• Modifies the conditions under which a records custodian has to respond to a request for records, allowing the custodian discretion to deny duplicative or anonymous requests
• Encourages and allocates funds to assist public agencies in moving documents online, making these records searchable via an online database, to the extent feasible
• Creates a uniform and comprehensive definition of “personal identifying information” which, in many cases, is redacted by the records custodian
• Establishes specific timelines for responses to records requests occurring under various circumstances, such as when a record may be unavailable or in storage, and adds additional specificity and clarity to the items and information which are exempt from public access;
• Prohibits records requests made by or for data brokers, who take the information they gather and use it for a commercial purpose
• Transfers the responsibility for violations from the custodian to the public agency, and allows, in limited circumstances, for the courts to issue a protective order to shield the agency from harassment
• Alters the composition of the Government Records Council, adding more public members, establishing staggered five year terms, and annual salaries
• Establishes a Police Record Access Improvement Task Force to investigate the existing statutes governing public access to police records and develop recommendations for necessary changes to the law

The bill’s supporters include the New Jersey State League of Municipalities, which said it would address many of the issues that towns and cities have been experiencing since the inception of OPRA.

According to the group, the bill would give privacy protections to residents doing public business, address “burdensome commercial requests,” cut down on attorney fees and start a difficult conversation about how police records should be considered under OPRA.

“The League thanks Assemblyman Joe Danielsen and Senator Paul Sarlo for sponsoring these bills,” spokespeople stated on Friday. “We are strongly in favor of these proposed changes and encourage you to reach out to your legislator to express municipal support for these bills.”

But social justice advocates came out swinging when news of the upcoming legislative hearings broke.

“This is a rollback that undermines our democracy at a time when we are fighting off threats to democratic institutions,” charged New Jersey Citizen Action director of policy and advocacy Maura Collinsgru.

“Transparency around government decisions is one of the cornerstones of a healthy democracy, and we need our democratic leaders to enhance and not dismantle the public’s ability to shine a light on government actions,” Collinsgru said.

“By fast-tracking such a consequential bill and scheduling simultaneous hearings in both the Assembly and Senate at 10 a.m. on Monday, the Legislature is working to limit public input and access,” Collinsgru added.

Union members at Rutgers University said they planned to gather at Danielsen’s office in Somerset on Friday afternoon to show their opposition to the bill.

The legislation would make it easier for local governments and state institutions like Rutgers University to avoid public scrutiny, said Todd Wolfson, president of Rutgers AAUP-AFT, which represents nearly 6,000 full-time faculty, graduate workers, postdocs and counselors.

“Public institutions like Rutgers need more openness and transparency, not less,” Wolfson said. “[This] bill would allow officials to reject legitimate requests for public records from citizens and media outlets that routinely rely on the law.”

Other free speech advocates have been pushing back against the proposed reforms, claiming that they will gut the existing OPRA law and make it significantly harder for the public to know what their elected representatives are doing in their names.

“In a state synonymous with political corruption, OPRA has been a bulwark against government corruption and political malfeasance at all levels of government,” a coalition of dozens of advocacy groups wrote in November.

Officials in some municipalities, such as Jersey City – which receives the most OPRA requests of any municipality in the state – have said that such requests are chances to build trust in government – not a “waste of staff resources.”

When Danielsen unveiled his proposed changes last year, John Paff, a well-known OPRA activist who runs the Transparency NJ website – said the bills were “essentially an eclipse on sunshine.”

Catch up with some recent Patch stories that have used the state's OPRA law to source information below (click headline to read).

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