OPRA Information
The Open Public Records Act (OPRA) is a State statute that replaces the old "Right to Know Law" which governs the public's access to government records in New Jersey. OPRA was enacted to give the public greater access to records maintained by public agencies in New Jersey by balancing the public's interest in government records, respect for personal privacy, and the efficient process of government. The law is compiled in the statutes as N.J.S.A. 47:1A-1 et seq.
Frequently Asked Questions
- What is the Open Public Records Act (“OPRA”)?
- OPRA is the statute that replaced the previous “Right to Know Law.” OPRA governs the public’s access to government records in New Jersey. OPRA codified as N.J.S.A. 47:1A-1, et seq. Specifically, OPRA is intended to:
- Expand the public’s right of access to government records;
- Create an administrative appeals process if access is denied;
- Define what records are and are not “government records.”
- OPRA is the statute that replaced the previous “Right to Know Law.” OPRA governs the public’s access to government records in New Jersey. OPRA codified as N.J.S.A. 47:1A-1, et seq. Specifically, OPRA is intended to:
- How do I submit an OPRA request?
- A request for access to a government record must be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the designated records custodian. N.J.S.A. 47:1A5(g). A records request under OPRA cannot be made orally. You may email all OPRA requests to our Acting Municipal Clerk, Frank Belli at [email protected]
- Who is the designated records custodian?
- Municipal Clerk: Frank Belli
- When should I expect a response to my OPRA request?
- Custodians should fulfill a request as soon as possible but not later than seven (7) business days after the request is received, provided that the record is currently available and not in storage or archived. N.J.S.A. 47:1A-5(i). It is the GRC’s position that a custodian’s written response, either granting access, denying access, seeking clarification, or requesting an extension of time within the statutorily mandated seven (7) business days, even if said response is not on the agency’s official OPRA request form, is a valid response pursuant to OPRA. If the custodian fails to respond to the requestor within seven (7) business days after receiving a request, the failure to respond will be deemed a denial of the request. N.J.S.A. 47:1A-5(i). As an exception to the typical response time frame, P.L. 2020, c.10, enacted on March 20, 2020, N.J.S.A. 47:1A-5(i) provides that the statutory time frame shall not apply during a “state of emergency, public health emergency, or state of local disaster emergency . . .” However, this provision does require that the custodian make a reasonable effort to comply with the statutory time frame.
- When does the response time clock begin?
- The time frame to fulfill a request for access to government records under OPRA does not begin until the request form or equivalent written request has been delivered to the appropriate records Fourth Edition – November 2022 Page 19 of 33 custodian. The first (1st) business day is the business day following the custodian’s receipt of the request. Sending a records request to the wrong officer or employee may result in a delay of the fulfillment of the request.