Matthew Fazelpoor of NJBIZ//June 5, 2024//
Gov. Phil Murphy ended suspense that has loomed over New Jersey politics in recent weeks, signing into law June 5 a controversial measure that overhauls the Open Public Records Act (OPRA).
Since passing the Legislature last month, Murphy has weighed whether to sign Senate Bill 2930/Assembly Bill 4045 or not. He faced immense pressure from a number of organizations and advocacy groups – from both sides of the coin – that warn that bill will have major ramifications on government transparency and accountability.
Meanwhile, local governments have advocated for the legislation. They cite a number of concerns, such as an inundation of requests from commercial entities, exploitation from bad actors and more.
“Before I discuss the merits of the bill, I want to acknowledge that I know that this decision will disappoint many members of the advocacy community, including a number of social justice, labor, and environmental organizations, among others,” said Murphy in his signing statement. “I have heard the many objections to the bill directly, and I know that they are made in good faith and with good intentions. I also commend everyone who has engaged in this debate for making their voice heard, which is the foundation of our democratic system of government.”
Murphy ticked through some of the key aspects of the bill, explaining his rationale in signing the controversial measure in a more-than-four-page signing statement.
Some of the key areas that Murphy and bipartisan bill sponsors point to include:
- OPRA was enacted in 2002, when the world and internet were very different; this measure would address that evolution.
- Encourages the placement of public records on agency websites to make them readily accessible without an OPRA request.
- Appropriates $10 million to the Department of Community Affairs: $4 million for a grant program to help local governments make records available electronically and $6 million to the Government Records Council (GRC).
- Provides additional flexibility for requests by allowing their submission by form, letter or email.
- Takes a number of positive steps with regard to personal information.
- Modernizes the GRC and speeds up the review process by requiring the council to decide an appeal within 90 days.
- Restricts the commercial use of OPRA, freeing up public employees.
- Stipulates that if a government agency blatantly violates the law or disregards a legitimate request, the GRC must award attorney fees; allows GRC to award attorney fees in other cases deemed appropriate, as well.
- Prohibits bad actors from obtaining images of young women in compromising positions and posting them on the internet to extort large payments from victims for removal.
You can read Murphy’s full signing statement here.
“Perhaps the most troubling concern that I have heard is that signing this bill will both enable corruption and erode trust in our democracy. I understand we are living in a moment where our democracy feels more fragile than ever, with a former President who has been indicted for inciting an insurrection during his final days in office inexplicably within striking distance of the White House once again,” said Murphy. “And I know that closer to home, New Jerseyans across the political spectrum feel deeply betrayed and outraged by the serious allegations that our senior United States Senator accepted bribes from a foreign government.
“If I believed that this bill would enable corruption in any way, I would unhesitatingly veto it,” Murphy said.
‘Protecting individuals from … bad-faith actors’
Not surprisingly, given the passion behind this key issue, reactions resound around the great Garden State.
Prime bill sponsor Senate Republican Leader Anthony Bucco, R-25th District, said that government transparency is the bedrock of our democratic society, and that this bill underscores that fundamental principle.
“This law will save taxpayers money and time by increasing public access to government documents online, speeding up the process to resolve cases with the GRC, and reduces the need for OPRA requests,” said Bucco in a statement. “Most importantly, we are protecting individuals from being unfairly exploited by bad-faith actors who’ve notoriously abused the OPRA system in the past for commercial purposes and the exploitation of women.”
The New Jersey League of Municipalities also pushed for the reform. NJLM applauded the bill signing.
“We appreciate the governor’s action in signing the OPRA reform legislation into law. The bipartisan legislation preserves transparency, enhances privacy protections, provides fairness with the awarding of attorney’s fees, and perhaps most importantly, provides relief to government agencies for costs which are paid for by the property taxpayer,” said NJLM Executive Director Michael Cerra. “This new law is not perfect. We would have preferred it to go further, for example, to offer protections against data mining and begin the study of police records. The law is a product of years of discussion and compromise, and taken as a whole, modernizes a two-decades-old statute of the 20th, not 21st, century. While we continue to push for additional necessary reforms, those found in the legislation signed today are a positive step.”
This new law is not perfect. … While we continue to push for additional necessary reforms, those found in the legislation signed today are a positive step. – Michael Cerra, New Jersey League of Municipalities executive director.
Cerra also noted the League and its partners will provide necessary training and education to adapt to the new law.
The signing was also applauded and advocated by the New Jersey Association of Counties (NJAC).
“NJAC supports this new law as it will streamline and modernize the open public records process by encouraging public entities to digitize documents and make searchable online, records such as contracts, resolutions, meeting minutes, agendas and more,” said NJAC Executive Director John Donnadio in a statement. “This process will save valuable time and resources. NJAC also appreciates the fact that the new law will provide local governments with some relief from excessive attorney fees that regularly exceed $565 per hour by providing the judiciary with the discretion to award such fees when warranted. This fair and reasonable shift will save valuable taxpayer dollars and is consistent with how judges award attorney fees throughout the law.”
‘A significant blow to transparency’
On the other hand, New Jersey Citizens Action (NJCA) described the signing as a slap in the face to the public.
“It delivers a significant blow to transparency and democracy and tarnishes the legacy of an administration that has done so much for New Jersey,” said NJCA Executive Director Dena Mottola Jaborska. “By siding with political insiders who serve special interests, Murphy has ignored the will of the people and dismisses the growing movement to restore our democracy and hold government accountable to the people it serves.”
Jaborska says that the new law fixes none of the problems with OPRA its backers say it will.
“Instead, it gives commercial interests the advantage of paying special fees to expedite their requests and shields government agencies, municipalities and public officials from unwanted but necessary public scrutiny,” said Jaborska. “It makes it far more challenging for the public, journalists, nonprofits, and government watchdogs to obtain the information they need to ensure accountability and uncover corruption.”
“This law is bad policy, bad politics, and bad news for anyone who believes that government should work for the people and not for special interests. Public records are how we shine a spotlight on corruption and hold officials accountable when they’re not doing what’s best for their communities,” said New Jersey Policy Perspective (NJPP) President Nicole Rodriguez. “New Jersey just took a big step forward with our first primary election without ‘the line’ on the ballot – and now the state is taking two even bigger steps backward. This is a dark day for transparency, accountability, and democracy in New Jersey.”
Public records are how we shine a spotlight on corruption and hold officials accountable when they’re not doing what’s best for their communities.– Nicole Rodriguez, New Jersey Policy Perspective president
Jersey City Mayor Steven Fulop, a 2025 Democratic gubernatorial candidate, also critically weighed in. Writing in a post on X, he questioned the timing of the signing.
“Signing the OPRA bill the day after the election is the same as when he canceled the turnpike budget with ‘temporary’ outrage a week before the legislative election last year,” Fulop wrote. “Rinse…Repeat. The deliberate/manipulative nature of it speaks to the fact he knows it’s wrong. It’s extremely disrespectful to voters that want an honest dialogue, and he is basically telling voters again and again – you are fools.”
“I’m disappointed,” Newark Mayor Ras Baraka, who is also running for governor in 2025, wrote in a post on X. “Today is a step backwards in New Jersey’s pursuit of democracy.”