Each month, we receive dozens of inquiries from people who are upset that their OPRA requests were denied. The most frequent basis for denial is that the request is invalid as written. Although there are records custodians who will happily work with the requestor to fulfill a less-than-perfect request, other custodians will quickly deny any request that does not strictly comply with OPRA’s requirements. A valid OPRA request is thus the critical first step to obtaining public records and it is important to draft a request that follows some basic guidelines.
Guideline 1: Do not ask ...
Pashman Stein Walder Hayden partner CJ Griffin has published an article in the April 2019 issue of New Jersey Lawyer magazine, titled "The Legal Implications of Governmental Social Media Use." A full copy of the article can be viewed here:
Perhaps the most important thing to remember about OPRA is that there is a very, very short statute of limitations period. This means that if you receive a denial, you need to act very quickly or you may lose your rights to gain access to the record you seek.
What do you do if you receive a denial from an agency or if the agency unlawfully redacts information from government records?
The best course of action is to immediately speak to an attorney, who can work with you to gain access to the records. This frequently requires a lawsuit filed in Superior Court. Again, the most important thing to ...
We close Sunshine Week by featuring Jennifer A. Borg, Esq.
Ms. Borg is General Counsel and Vice President of North Jersey Media Group, publisher of The Record. She is a recognized authority in First Amendment and open governance matters, particularly as they affect newspapers, and has recently served as Chair of the New Jersey Press Association. She also has litigated numerous OPRA lawsuits with successful results. Ms. Borg was featured in the ABA Journal (July 2014) for her expertise in OPRA and public records access issues. Pashman Stein regularly serves as co-counsel with North ...
Per OPRA, public agencies must respond to a request for records within seven business days. But what do you do if the government fails to respond (a deemed denial) or unlawfully refuses to grant access to the records?
The best course of action is to immediately speak to an attorney, who can work with you to gain access to the records. This frequently requires a lawsuit filed in Superior Court. The most important thing to remember is that your action must be filed within the statute of limitations, which is 45 days. The process for filing in Superior Court is as follows:
