One question we frequently receive is whether an agency can charge a requestor an hourly rate to respond to an OPRA request. The answer is yes, but only in specific circumstances where a requestor seeks an extraordinarily large volume of records.
N.J.S.A. 47:1A-5(c) provides that:
Whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined, or copied pursuant to this section is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an ...
For years, individuals have filed OPRA requests with agencies to obtain all of the OPRA requests an agency has received during a specific timeframe. Requestors use these records in a variety of ways, such as a) finding out how many OPRA requests an agency is handling during any specific timeframe (since agencies have no obligation to calculate that information and let the public know); b) being able to contact another member of the public who is interested in the same type of government issues; c) learning more about government by seeing what other requestors are seeking from their ...
The third exception to OPRA’s personnel records exemption provides that:
data contained in information which disclose conformity with specific experiential, educational or medical qualifications required for government employment or for receipt of a public pension, but not including any detailed medical or psychological information, shall be a government record.
[N.J.S.A. 47:1A-10.]
In Kovalcik v. Somerset Cty. Prosecutor's Office, 206 N.J. 581, 593 (2011), the Supreme Court has made it clear that this exception does not authorize disclosure of all records that ...
This week, Assembly Bill A4532 passed out of the State and Local Government Committee and will likely be voted on by the Assembly at some point in the near future. This bill will severely hinder transparency in this State in two ways.
First, A4532 creates a new exemption for “personal government records,” which are defined as records “that consists of or pertains solely to a pet or home alarm system permit, license, or registration.” While I understand that the sponsor of the bill is concerned that businesses utilize these lists as marketing tools, these lists can be very ...
