Credit: (AP Photo/Matt Rourke)Despite pressure from progressives and civic organizations— and public opposition — Gov. Phil Murphy signed a bill that overhauls how people can access government records including contracts, budget documents, police files and more.
Murphy on Wednesday conceded the decision “will disappoint many members of the advocacy community,” including labor, environmental, justice and other organizations. He thanked them for making their voices heard.
“Perhaps the most troubling concern that I have heard is that signing this bill will both enable corruption and erode trust in our democracy,” he said in a lengthy statement of explanation for his decision to accept the bill as is and sign it into law.
“I understand we are living in a moment where our democracy feels more fragile than ever,” Murphy wrote, pointing to the criminal trials of former President Donald Trump and U.S. Sen. Bob Menendez (D-NJ) without initially naming either man.
“If I believed that this bill would enable corruption in any way, I would unhesitatingly veto it,” Murphy continued, noting several examples of his administration’s efforts to root out fraud and abuse in New Jersey. The health of the state’s democracy has improved since he took office, said Murphy, whose tenure in office ends in 18 months.
“I take the concerns regarding corruption and trust in our democracy extremely seriously. However, my responsibility as Governor is to evaluate the bill on the merits, regardless of how it may be perceived,” he continued.
First enacted in 2002
Murphy noted the state’s Open Public Records Act has not undergone a “comprehensive update” since it was enacted in 2002, a time span that has seen the growth of the internet.
“While case law on OPRA has evolved, it is also appropriate for our democratic branches of government to take a look at the statute, informed by how various provisions have played out in practice,” he said.
The measure (S-2930) sponsored by Sen. Paul Sarlo (D-Bergen) and backed by other leaders of the Democratic majority, passed the state Senate and Assembly in mid-May by slim margins, largely along party lines. Originally introduced in March, the measure faced vocal opposition from a range of progressive voices, resulting in rowdy hearings early on.
‘I take the concerns regarding corruption and trust in our democracy extremely seriously. However, my responsibility as Governor is to evaluate the bill on the merits, regardless of how it may be perceived.’ — Gov. Phil Murphy
The final vote — which occurred in the Senate during a moment when the cameras documenting the session weren’t working — followed a multi-week pause in which Sarlo and others met with stakeholders to discuss revisions to the original draft. The ultimate version, which makes more than a dozen changes to the existing OPRA law, would make it harder for people to access documents maintained by public officials and funded with their tax dollars, according to some advocates.
But local and county officials, among others, have insisted that reforms were needed to bring the statute up to date with modern technology and practice. Several clerks testified, saying they have been inundated by requests, especially from law firms, data brokers and other businesses that use the law for commercial benefits. Critics said the final version offered little protection against these concerns, however.
Widespread opposition
An FDU Poll released in April suggested the public largely opposed making changes to the existing OPRA law. The survey showed 81% of registered voters supported the current law and just 14% favored the proposed tightening of access.
‘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.’ — Nicole Rodriguez, New Jersey Policy Perspective
Reaction to the Murphy decision today was quick and strong.“The public opposition to S2930/A4045 was a powerful display of democracy at its best — advocates, stakeholders, and 81% of voters from across the ideological spectrum made it clear that New Jersey should be strengthening government transparency, not undermining it in backroom deals. It’s shameful that despite overwhelming concerns from their constituents, lawmakers fast-tracked, and the governor signed, a bill that severely restricts access to government records and limits the public’s ability to hold elected officials accountable,” ACLU of New Jersey policy director Sarah Fajardo said in a statement.
“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,” Nicole Rodriguez, president of the left-leaning think tank New Jersey Policy Perspective, said in a statement.
The changes to OPRA under the new law include:
- Encouraging governments to put documents online so they are easily accessible and appropriating $10 million for that purpose. If people can’t find the information online, governments can charge them for providing a paper copy.
- New protections on personal information including restrictions on birth dates, email addresses and home addresses.
- No longer guaranteeing that people who win disputed records-requests in court will have their legal fees paid by the government agency.
- Enabling governments to sue people seeking information if they can prove the request amounts to harassment or substantially interrupts them from doing their jobs. Governments can also add “service charges” for filling requests under certain circumstances.
- Specifically identifying individuals when seeking their correspondence and limiting the search to a “reasonable” time frame.
- No longer requiring immediate access to budgets, bills, vouchers, contracts and public employee salary and overtime information if that information is more than two years old.
- Extending the seven-day deadline to provide records to as long as two weeks if redactions are required, or three weeks if the records are in storage.
