Phil Murphy Guts New Jersey’s Open Public Records Act (OPRA)

the staff of the Ridgewood blog

Trenton NJ, the New Jersey Open Public Records Act (OPRA), once heralded as a national gold standard for providing open access to public data and government documents, has been drastically weakened. With a swift stroke of Governor Phil Murphy’s pen this week, OPRA and government transparency suffered a severe setback.

In a surprising move, Murphy signed legislation that curtails public access to government documents and data. This decision likely traded his legacy for the Legislature’s support of a corporate tax to fund NJ Transit.

Murphy, who once claimed to champion good government and transparency, has now contradicted those ideals. The legislation, billed by its sponsors as a “reform,” significantly restricts the public’s access to information. It undermines decades of progress in making government documents available to New Jersey taxpayers.

Key Provisions of the New Law:

1. Limited Access to Communication: Continues to restrict access to government emails and text messages.
2. Increased Fees for Information: Allows public agencies to charge exorbitant fees for releasing information, without ensuring the completeness of the data.
3. Hurdles for Legal Recourse: Makes it nearly impossible for attorneys to challenge denied records requests, by removing the provision allowing them to recoup fees from wrongful denials.

Governor Murphy’s decision empowers public officials across New Jersey to withhold records and data from the public. Furthermore, the new law permits public agencies to sue individuals requesting documents, branding them as nuisances.

Sarah Fajardo, Policy Director for the American Civil Liberties Union in New Jersey, expressed her disappointment, saying, “It’s shameful that despite overwhelming concerns from their constituents, lawmakers fast-tracked, and the governor signed a bill that severely restricts access to government records and limits the public’s ability to hold elected officials accountable.”

The Role of Municipal Employees and Lobbyists

Municipal employees and their lobbyists in Trenton have long complained about the burden of complying with public records requests. This led to the introduction and support of the legislation by figures such as state Sen. Paul Sarlo, state Sen. Anthony Bucco, Assemblyman Joseph Danielsen, and Assemblywoman Victoria Flynn.

The New Jersey League of Municipalities and the New Jersey Association of Counties, key proponents of the legislation, dispatched officials to testify in its favor. Governor Murphy’s alignment with their argument marks a significant shift from his previous stance on transparency.

In a memo accompanying the bill’s signing, Murphy echoed the concerns of these groups, asserting that their support for the bill was not a plot to evade transparency.

The Need for Transparency

Limiting access to government information fuels political corruption. New Jersey, with its history of political corruption, deserves better. The move to restrict access to public records undermines the trust and accountability essential for good governance.

Assemblyman Brian Bergen, a staunch advocate for OPRA, voiced his frustration, stating, “The self-serving nature in which New Jersey politicians govern is nauseating. The governor and lawmakers who voted for this OPRA bill have failed the people. New Jersey deserves better.”

Attorney CJ Griffin, known for her advocacy around OPRA, shared similar sentiments, calling the bill a “gut punch” to those who voted for Murphy believing he was a progressive.

Moving Forward

We urge legislators who opposed this bill to regroup and work towards restoring a viable OPRA. Advocates for transparency must continue their efforts to ensure public access to government documents.

Transparency is crucial for the health of New Jersey politics. We remain committed to supporting efforts that promote openness and accountability. We urge our readers to convey their dissatisfaction to their representatives in Trenton, emphasizing that this legislation was a grievous error that must be corrected.

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