Government transparency is critically important for preventing corruption, waste, and abuse. And presumably, if public officials know what they’re doing is going to be public, they will behave better.
In recognition of Sunshine Week, the ACLU of New Jersey spoke with CJ Griffin, partner at Pashman Stein Walder Hayden P.C., about the Open Public Records Act (OPRA) and the landscape of public access to government records in New Jersey. Griffin has been litigating matters of transparency and access to police records in New Jersey for over ten years and educates community members on the purpose and structure of OPRA, how to file requests, and more broadly about government transparency and accountability in New Jersey.
We’ve compiled some frequently asked questions about OPRA and provided streamlined answers from Griffin below.
What is the Open Public Records Act?
The Open Public Records Act (OPRA) is a statute that gives the public access to government records.
Can I file an OPRA request?
Yes, anyone can file an OPRA request for records with a public agency.
How can I file an OPRA request?
First, you must determine the government agency that maintains the records you seek.
You may make requests to any New Jersey government agency: state agencies, towns, counties, and various authorities or commissions. The Judiciary is not subject to OPRA. Most agencies have a form available on their websites with instructions on how to submit the request.
You must then make your request to the custodian of records for that agency. A custodian is a specific person designated by the agency responsible for responding to OPRA requests. For example, the Clerk is the custodian for municipalities, and the Clerk to Board of Commissioners is the custodian for counties. To find the custodians for state authorities or commissions, check their websites. The State of New Jersey has a central request form that allows you to file requests with any state agency.
How can I ensure my request is considered?
It is very common to receive a response that your request will not be fulfilled, and this can be very frustrating. There are also many obstacles to access – the process, including the form, can be convoluted.
To give yourself the best chance at success, you must make your request in writing to the custodian, mention OPRA explicitly, and include all required information.
You must be clear about what records you are requesting. Avoid “any and all” language. You can tailor your request by specifying a time frame, certain individuals, and/or a specific topic. There is no guarantee that your request will be granted until you receive access, but these tips help ensure you are doing all you can do to follow protocol.
What happens after I file my request?
Once you have filed and the request has been formally received, the custodian responsible for your request has seven business days to respond. They may grant access, deny access, ask for clarification or more information, or not respond at all, which is considered denial. An agency must give you their reasoning if they deny your request.
What are the exemptions to OPRA?
OPRA contains 27 exemptions for when an agency or organization is not required to provide records upon request. There are also some additional exemptions detailed by executive order. Notably, most criminal investigation records are exempt.
Democracy requires transparency, and New Jerseyans deserve a healthy democracy
Openness, transparency, and inclusiveness are the makings of a healthy democracy. The ACLU-NJ calls on Gov. Sherrill and the Legislature, many of whom ran on platforms committed to transparency, to expand the Open Public Records Act and modernize the Open Public Meetings Act.
We can only hold our government accountable – and ensure that it is working on behalf of the people – when we shed light on what public entities and officials are doing. Learn more about OPRA here.