Appellate Court ruling: No residency requirement for OPRA

May 16, 2018

An Appellate Court ruled today that the right to request records under the state's Open Public Records Act (OPRA) is not limited to New Jersey residents. The ruling upheld a lower court opinion in Burlington County and reversed lower courts in Cape May and Atlantic Counties. The three cases were consolidated for the purpose of the Appellate Court's review.

An excerpt from the 5/16/2018 Appellate Court opinion:

"We conclude that the reference to "citizens" — found in N.J.S.A. 47:1A-1 and nowhere else in OPRA — expresses the Legislature's general intent to make New Jersey government records open to the public, rather than expressing an intent to limit access to only New Jersey residents or domiciliaries. Because the more specific provisions of OPRA refer to "any person," and because OPRA is to be construed broadly to achieve the Legislature's over-arching goal of making public records freely available, we conclude that the right to request records under OPRA is not limited to "citizens" of New Jersey."

Today's Appellate Court ruling has statewide application. See NJFOG's website here for background.

New Jersey OPRA Amendment Benefits Crime Victims

For immediate release



A bill amending New Jersey’s Open Public Records Act (OPRA) to recognize the special needs of crime victims was signed into law on July 30th. A1676 provides that a crime victim can obtain his or her own records at no cost and that the victim’s request for those records is not public information.

While there is currently no charge under OPRA for electronic delivery of records, a fee applies to paper copies. Under the revised law, fees would be waived for crime victims requesting their own records.

The bill has numerous sponsors and co-sponsors including Senator Loretta Weinberg, who has been a champion for OPRA reform.

The new law was written and shepherded by Unchained at Last, a non-profit organization devoted to helping victims of arranged marriage and domestic violence. Fraidy Reiss, the organization’s founder and president, points out that it is necessary to prove a pattern of abuse when seeking a final restraining order from a judge and that one of the best ways to do that is to request copies of the incident reports and prior restraining orders, for which cost could present a barrier to obtaining the records. Further, exempting such requests from the public domain allows for the privacy and safety of the requestor.

Reiss received the backing of the New Jersey Foundation for Open Government (NJFOG), which assisted with the draft of the law. NJFOG is the only non-profit in the state devoted exclusively to improving New Jersey’s Open Public Records Act and Open Public Meetings Act and educating the public about these laws.

While acknowledging that what is now a public record will become non-public under the new law – the crime victim’s document request itself – NJFOG president Walter Luers stated, “The OPRA amendment, in our view, will not diminish access to public records but will instead enhance access for crime victims.”

The new provisions take effect on November 1, 2014.

Foundation For Open Government Seminar March 23: Citizens’ Rights to Government Information

Citizens’ rights and obligations under New Jersey’s Open Public Records (OPRA) and Open Public Meetings Acts (OPMA) will be the subject of a seminar March 23rd at the Clementon Community Center, 165 Gibbsboro Road from 11:30 am to 5 pm.

The seminar is sponsored by the NJ Foundation for Open Government, a state-wide organization which advocates for transparency in government, educates residents in their rights and how to get information and data using the laws and files court actions to force compliance.

“We focus on Municipal Governments and Boards of Education where some of the worst abuses of withholding information from the public occur,” said Walter Luers, an attorney who is President of the Foundation. “Government, in our view, functions best in the bright light of day and we try to help citizens shine that light on their governments,” Luers said. The foundation has participated in numerous suits against governing bodies for violations of the Open Public Records act.

Two panel discussions will be held followed by audience questions. The fee of $10 on line and $15 at the door covers lunch and refreshments. The cost to students with valid student ID is $3

Hon. Samuel Cianfarini, Committeeman West Deptford Township will be recognized for his work in promoting and advocating for open government. Two Citizen Awards are to be announced.

1:15-2:30: PANEL 1. Open Public Records Act and Open Public Meetings Act from a Government Perspective. This panel will discuss OPRA and OPMA issues from a government perspective and the challenges they face. Moderator: Walter M. Luers, Esq.

Panelists:

Anthony H. Ogozalek Jr, Esq. of Beckman, Roth, Ogozalek and Perez, Gibbsboro, NJ Solicitor: West Deptford Township, Clementon Housing Authority Assoc. Counsel: Burlington County Board of Social Services Honorable Richard Direnzo, Councilman Haddon Heights Borough Ginny Murphy, Vice President Washington Township Board of Education (Gloucester County) Vice President Gloucester County School Board Association New Jersey School Board Association Board of Directors, Member

PANEL 2. Open Public Records Act and Open Public Meetings Act from a Public Perspective. This panel will discuss case law and issues facing the public in regards to OPRA and OPMA.

Panelists:

 Walter M. Luers, Esquire; John Paff, Citizen Activist; Krystal Knapp, Professional Journalist

4:00-5:00: Question and Answer about OPRA/OPMA, group discussions.

To participate in the seminar register at Njfog.org or call 908-894-5656