New Jersey's Open Public Records Act

The GRC's Bias for Secrecy
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The Government Records Council ("GRC"), created to enforce OPRA, has a record of ruling in favor of the government agency and against the public.

  • The Appellate Division of the Superior Court has overruled the GRC's rubber-stamping of a state agency's illegal secrecy. Although it is the job of the GRC to rule on agencies' claims of secrecy, the GRC had concluded that it did not have jurisdiction to grant access to records because the New Jersey Department of Labor certified that the records were confidential. The appellate court ruled that the "GRC erred in concluding that it lacked jurisdiction," "took too narrow a view of its adjudicatory responsibility," and was "clearly erroneous" in its conclusion that the record was secret. Paff v. New Jersey Department of Labor, Board of Review, 379 N.J. Super. 346 (App. Div. 2005). http://lawlibrary.rutgers.edu/cgi-bin/swish-e/citator.cgi?query=%22379+N.J.Super.+346%22&submit=Search%21
  • OPRA Section 5g states that "a request for access to a government record shall be in writing." It does not state that a request for access shall be on the agency's official form. The GRC advised that record requests are not required to be on the agency's official form. Later, government agencies complained to the GRC that they would prefer that records requests be on their official forms. The GRC therefore reversed its position and issued an advisory opinion that stated that OPRA requires records requestors to use an agency's official form. Tina Renna v. County of Union was filed March 28, 2006, to challenge that advisory opinion. A decision is expected in August, 2007. 
  • OPRA Sections 6 and 7f state that "a requestor who prevails in any proceeding shall be entitled to a reasonable attorney's fee." The New Jersey Supreme Court has interpreted similar language to include situations where, before the court rules, the defendant gives the plaintiff what the plaintiff was seeking. But the GRC claimed the Supreme Court's ruling does not apply to OPRA. The Appellate Division of the New Jersey Superior Court rejected the GRC's position on August 15, 2006. Cynthia Teeters v. Division of Youth and Family Services, 387 N.J.Super. 423 (App. Div. 2006), http://lawlibrary.rutgers.edu/courts/appellate/a5494-04.opn.html