Open Public Records Act

Under the Open Public Records Act, NJSA 47:1A-1 et seq. (O捩賊插), anyone may file a request for a government record. OPRA defines government record as:

Any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file . . . or that has been received in the course of his or its official business . . .

A request for access to a government record must be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian.

Download the 辦畦 Public Schools OPRA Request Form here.

Generally, the Records Custodian will fulfill a request as soon as possible, but not later than seven business days after the request is received, provided that the record is currently available and not in storage or archived. Day One is the day following the custodians receipt of the request.

All government records are subject to public access unless specifically exempt under OPRA or any other law. OPRA lists specific exemptions that exempt access to records, including:

  • A citizens personal information
  • Advisory, consultative, or deliberative material
  • Trade secrets and proprietary or financial information
  • Any record within the attorney-client privilege
  • Information regarding computer hardware, software and networks which, if disclosed, would jeopardize computer security
  • Information or procedures for any facility which, if disclosed, would jeopardize security of the facility or persons therein
  • Security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons, property, electronic data or software
  • Information which, if disclosed, would give an advantage to competitors or bidders
  • Information generated in connection with
    • A sexual harassment complaint
    • A grievance
    • Collective negotiations
  • Communication between a public agency and its insurance carrier or risk management office
  • Information to be kept confidential pursuant to court order
  • Certificate of honorable discharge issued by the US government
  • Copy of an oath of office or allegiance
  • Personally identifiable information
  • List of persons needing special assistance during an emergency
  • Records pertaining to ongoing investigations
  • Personnel and pension records, except for name, title, position, salary, payroll record, length of service, date of separation from service and the reason for such separation, the amount and type of any pension received, and data disclosing conformity with specific experiential, educational or medical qualifications for employment or pension

If a request does not name specifically identifiable records or is overly broad, the Records Custodian may deny access. The Records Custodian is obligated to search her files to find the identifiable government records listed in the Complainants OPRA request. She is not required to research her files to figure out which records, if any, might be responsive to a broad and unclear OPRA request.