One at One: COVID-19 & OPRA

Today’s Issue:

Are Custodians of public records required to respond to Open Public Records Act (“OPRA”) requests within seven (7) business days of receipt during COVID-19 or other States of Emergency?

Answer:

No. On March 20, 2020, Governor Murphy signed into law an amendment to OPRA. Under the new law, records Custodians “shall make a reasonable effort, as the circumstances permit” to respond to OPRA requests within seven (7) business days “or as soon as possible thereafter” during a State of Emergency. The relaxed response time applies even to requests for budgets, bills, contracts, and other records to which immediate access is “ordinarily” granted under OPRA.

Resources:

https://www.njleg.state.nj.us/2020/Bills/A4000/3849_I1.PDF
https://www.nj.gov/governor/news/news/562020/approved/20200320g.shtml
N.J.S.A. 47:1A-5(i)(2); N.J.S.A. 47:1A-5(e)

To Learn More about FPSCTT’s Education and School Law Practice, please contact:
Lester Taylor, Partner and Co-Chair
Christine Soto, Partner and Co-Chair
Afshan Ajmiri Giner, Senior Associate

This post is for informational purposes only and should not be construed as legal advice.