OPRA – The Basics

Here is some very good information for those that may be interested in obtaining any type of records from their local government. This article is specific to Middletown but it holds true for other municipalities around the state.

  Cross posted from MiddletownDemocrat.org

by Linda Baum

New Jersey’s Open Public Records Act (OPRA), effective in July 2002, is one of the best tools the public has to obtain information about what government is doing.

Middletown’s OPRA request form is available on the Township’s website, and by clicking here. The Middletown Sewerage Authority (TOMSA) has its own form, which is not available on the TOMSA website, but you can access it here. The Middletown Library currently doesn’t require an OPRA form -- an email or hand written request will do.

Though you should use an entity’s prescribed OPRA request form if they have one, not using it is not, by itself, grounds for denial. Further, there is no requirement to identify yourself – the OPRA law allows you to submit a request anonymously. Chances are, however, the office you’re dealing with will insist you use their form and state your name.

A 2010 amendment to the OPRA law reduced fees for paper copies to just 5 cents per page for letter size and 7 cents for legal, except for requests that require a great deal of time and effort to fill. The fees apply only to paper copies. There is no charge for email delivery of electronic documents, thus you can save money – also time, trees, and gasoline – by requesting an email reply to your OPRA request if an office has this capability. Note that TOMSA currently does not, so you will need to visit in person, pay, and collect your package, or get someone to do it for you.

You can drop off your request in person at the appropriate office, mail it, fax it, or email an electronic copy. Email Township requests to TownClerk@middletownnj.org or fax them to 732-957-9090. Email TOMSA requests to PParkinson@tomsanj.com or fax them to 732-495-4565. Email Library requests to WLatona@mtpl.org or fax them to 732-671-5839.

An office has 7 business days to fill your request, but may ask for additional time to do so before the 7 days have elapsed.

• Some common pitfalls that may result in an OPRA request being denied are:
• asking for “any and all” – The request must be for specific documents.
• being too specific – The document may not exist.
• asking a question – The request must be for a document.

Government offices vary in how they respond to these “pitfalls”. Use of the words “any and all” doesn’t automatically make a request improper – it depends on the scope of the request – but you would be wise to avoid the phrase because some offices will issue a rubber stamp denial.

If you feel your request has been improperly denied, you can do one of two things, but not both. Within 45 days of the denial, you can file a lawsuit in NJ superior court. Alternatively, you can file a written denial of access complaint with the NJ Government Records Council (GRC). There is no statute of limitations for filing with the GRC.

If you file a complaint with the GRC, your out-of-pocket costs are not recoverable, even if the GRC decides the claim in your favor, and I am told a decision could take a year or two given a backlog of claims. However, if you file a lawsuit and win, the entity that denied your OPRA request is required to reimburse your expenses, including your legal fees. I am told that lawsuits are typically decided in a few months.

The GRC put together a slide show presentation that provides a good summary of your rights, responsibilities, and recourses under the OPRA lawand a PDF document from the GRC containing the same information.

Good luck with your research.