Changes to New Jersey’s Open Public Records Act

Posted July 28, 2024

  • Changes to New Jersey’s Open Public Records Act

On June 5, 2024, Governor Murphy signed into law S-2930/A-4045 amending the Open Public Records Act (“OPRA”). These amendments to OPRA take effect on September 3, 2024, and bring significant changes for public entities. The custodian of records must familiarize themselves with these changes to ensure compliance.

These changes include new definitions for common OPRA phrases such as “commercial purpose”, “Labor Organization”, and “personal identifying information.” In addition, the amendments to OPRA provide more authority to the custodian of records. Specifically, when a public entity charges a special service fee, there is now a rebuttable presumption that such service fee is reasonable. Custodians no longer need to request approval for an extension for time to respond to an OPRA request because custodians are entitled to reasonable extensions to response deadlines if the extension is requested within seven business days of receipt of the request. Custodians are no longer required to provide immediate access to certain records, if such records are older than 24 months.

Public entities are now required to update their public websites to include as many public records as possible to cut down on repetitive OPRA requests.  The custodian is required to provide instructions to requestors for finding the requested records on the public website. Additionally, public entities are required to adopt the OPRA form published by the Government Records Council.

These are only a few of the changes to OPRA that will become effective this September. Navigating the amendments to OPRA can be difficult for public entities. As these changes become effective, it is crucial for both citizens and public entities to familiarize themselves with the amendments. If you or your agency need assistance with navigating the amendments to OPRA, please contact the offices of Florio Perrucci Steinhardt Cappelli & Tipton, LLC.

About the Author

Nick Sullivan defends corporations and nonprofits in civil investigations and litigations, drafts and negotiates corporate documents including purchase and sale agreements, asset purchase agreements, stock sales agreements, and merger and acquisition agreements. Additionally, Nick assists corporate clients through the New Jersey administrative process including liquor license applications, real property transfers, incorporation, governmental investigations, and State and federal procurement. Nick has a particular interest in helping entrepreneurs start a business and working with them to achieve success over the life of the business.

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