This document is a complete copy of P.L. 2001, c. 404, commonly known as the Open Public Records Act, as amended by P.L. 2024, c.16 (effective September 3, 2024). It is the full text of the law, specially formatted to be easily readable and to serve as a reference document for users. The formatting consisted of adding bullet points, paragraph breaks, and spacing to facilitate easy use. However, no text or punctuation has been altered. To assist readers in using the law, references have been made in the left margin to highlight the content of each section or important subsections. You can also download a .pdf copy of the "Readable Version of OPRA (as of September 3, 2024)" and prior versions of OPRA in the "More Information" box.
Index
Reference | NJSA Section # | Title | ||
Legislative policy declaration | 47:1A-1 | Legislative findings, declarations | ||
Definitions | 47:1A-1.1 | Definitions | ||
Biotechnology exemption | 47:1A-1.2 | Restricted access to biotechnology trade secrets | ||
Disclosable firearms information | 47:1A-1.3 | Certain firearms records considered public records | ||
Limits to convicts | 47:1A-2.2 | Access to certain information by convict prohibited; exceptions | ||
Ongoing Investigations | 47:1A-3 | Access to records of investigation in progress | ||
Requests and Responses | 47:1A-5 | Times during which records may be inspected, examined, copied; access; copy fees | ||
Protective Orders | 47:1A-5.1 | Verified complaint, government records, requestor with intention to interrupt government functioning, protective order | ||
Indecent and graphic images | 47:1A-5.2 | Prior written consent, subject, legal next of kin, indecent, graphic photograph, video footage | ||
Election records | 47:1A-5.3 | Applicability | ||
Challenges to access denial | 47:1A-6 | Proceeding to challenge denial of access to record | ||
Government Records Council | 47:1A-7 | Government Records Council | ||
Continuation of common law | 47:1A-8 | Construction of act | ||
Continuation of existing exemptions | 47:1A-9 | Other laws regulations, privileges unaffected | ||
Access to personnel and pension records | 47:1A-10 | Personnel, pension records not considered public document; exceptions | ||
Violations | 47:1A-11 | Violations, penalties, disciplinary proceeding | ||
47:1A-12 | Court rules | |||
47:1A-13 | Annual budget request for the council | |||
Section 11 | Appropriation | |||
Section 12 | Effective Date |
Open Public Records Act |
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Legislative policy declaration |
C.47:1A-1 Legislative findings, declarations. |
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The Legislature finds and declares it to be the public policy of this State that: |
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All records shall be accessible |
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All records public unless under a permitted exemption |
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Privacy interest |
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Definitions |
C.47:1A-1.1 Definitions. |
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As used in P.L. 1963, c. 73 (C. 47:1A-1 et seq.) as amended and supplemented: |
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“Biotechnology” means any technique that uses living organisms, or parts of living organisms, to make or modify products, to improve plants or animals, or to develop micro-organisms for specific uses; including the industrial use of recombinant DNA, cell fusion, and novel bioprocessing techniques. |
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Defines “child protective investigator” |
“Child protective investigator in the Division of Child Protection and Permanency” means an employee of the Division of Child Protection and Permanency in the Department of Children and Families whose primary duty is to investigate reports of child abuse and neglect, or any other employee of the Department of Children and Families whose duties include investigation, response to, or review of allegations of child abuse and neglect. |
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Defines “commercial purpose” with exceptions |
“Commercial purpose” means the direct or indirect use of any part of a government record for sale, resale, solicitation, rent, or lease of a service or any use by which the user expects a profit either through commission, salary, or fee. “Commercial purpose” shall not include the use of a government record for any purpose by:
(1) the news media, or any parent company, subsidiary, or affiliate of any news media, as defined by section 2 of P.L.1977, c.253 (C.2A:84A-21a);
(2) any news, journalistic, educational, scientific, scholarly, or governmental organization;
(3) any person authorized to act on behalf of a candidate committee, joint candidate committee, political committee, continuing political committee, political party committee, or legislative leadership committee, as defined by section 3 of P.L.1973, c.83 (C.19:44A-3), registered with the New Jersey Election Law Enforcement Commission;
(4) any labor organization;
(5) any contractor signatory to a collective bargaining agreement seeking information material to the enforcement of State or federal statutes or regulations regarding, but not limited to, wage and hour protections, workplace safety, or public procurement and public bidding, including, but not limited to, requests for certified payrolls or information about all bids submitted in response to a public procurement process subsequent to the deadline for the submission of all bids for that solicitation;
(6) any employee, agent, contractor, or affiliates of any entity identified in paragraphs (1) through (5) of this definition in this section; or
(7) any non-profit entity, including organizations or individuals qualified for exemption from federal taxation pursuant to section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3) and section 501(c)(4) of the federal Internal Revenue Code, 26 U.S.C. § 501(c)(4), when the entity does not sell, resell, solicit, rent, or lease a government record to an unaffiliated third party in a way in which the entity expects a fee. |
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Defines “constituent” |
“Constituent” means any State resident or other person communicating with a member of the Legislature. |
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Defines “criminal investigatory record” |
“Criminal investigatory record” means a record which is not required by law to be made, maintained or kept on file that is held by a law enforcement agency which pertains to any criminal investigation or related civil enforcement proceeding. |
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Defines “custodian of record” |
“Custodian of a government record” or “custodian” means in the case of a municipality, the municipal clerk and in the case of any other public agency, the officer officially designated by formal action of that agency’s director or governing body, as the case may be. |
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Defines “government record” |
“Government record” or “record” means 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 in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material. |
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Defines “labor organization” |
“Labor organization” means any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment. |
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Records that are exempt |
A government record shall not include the following information which is deemed to be confidential for the purposes of P.L. 1963, c. 73 (C. 47:1A-1 et seq.) as amended and supplemented: |
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Legislative records |
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Medical examiner records |
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Criminal investigatory records |
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Victims’ records |
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Personal firearms records |
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Trade secrets and proprietary information |
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Attorney client privilege |
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Computer security |
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Building security |
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Security measures and techniques |
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Security alarms and footage |
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Advantage to bidders |
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Public employee related |
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Risk management |
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Court orders |
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Honorable discharge certificates |
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Oath of allegiance or office |
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Personal information (including Daniel’s Law information) |
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Personal information for official notification |
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Special Needs Assistance Lists |
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Juvenile information |
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Domestic animal records |
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Metadata |
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NJSFA applications |
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Manuals |
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HIPAA data |
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Indecent/graphic images |
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Higher education exemptions |
A government record shall not include, with regard to any public institution of higher education, the following information which is deemed to be privileged and confidential: |
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Certain info still required to be disclosed |
Nothing in this section shall be construed to limit the requirements to provide and make publicly available the information pursuant to section 5 of P.L.1963, c.150 (C.34:11-56.29) and section 5 of P.L.1999, c.238 (C.34:11-56.52). |
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Defines “judicial officer” |
“Judicial officer” means any active, formerly active, or retired federal, state, county, or municipal judge, including a judge of the Tax Court and any other court of limited jurisdiction established, altered, or abolished by law, a judge of the Office of Administrative Law, a judge of the Division of Workers’ Compensation, and any other judge established by law who serves in the executive branch. |
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Defines “law enforcement agency” |
“Law enforcement agency” means a public agency, or part thereof, determined by the Attorney General to have law enforcement responsibilities. |
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Defines “law enforcement officer” |
“Law enforcement officer” means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State. |
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Defines “member of the Legislature” |
“Member of the Legislature” means any person elected or selected to serve in the New Jersey Senate or General Assembly. |
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Defines “personal firearms record” |
“Personal firearms record” means:
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Defines “public agency” |
“Public agency” or “agency” means |
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The terms also mean any political subdivision of the State or combination of political subdivisions, and any division, board, bureau, office, commission or other instrumentality within or created by a political subdivision of the State or combination of political subdivisions, and any independent authority, commission, instrumentality or agency created by a political subdivision or combination of political subdivisions. |
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Defines “victim of a crime” |
“Victim of a crime” means a person who has suffered personal or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime, or if such a person is deceased or incapacitated, a member of that person’s immediate family. |
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Defines “victim’s record” |
“Victim’s record” means an individually identifiable file or document held by a victims’ rights agency which pertains directly to a victim of a crime except that a victim of a crime shall have access to the victim’s own records. |
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Defines “victims’ rights agency” |
“Victims’ rights agency” means a public agency, or part thereof, the primary responsibility of which is providing services, including, but not limited to, food, shelter, or clothing, medical, psychiatric, psychological or legal services or referrals, information and referral services, counseling and support services, or financial services to victims of crimes, including victims of sexual assault, domestic violence, violent crime, child endangerment, child abuse or child neglect, and the Victims of Crime Compensation Board, established pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.) and continued as the Victims of Crime Compensation Office pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.) and Reorganization Plan No. 001-2008. |
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Defines “personal identifying information” |
As used in this section, “personal identifying information” means information that may be used, alone or in conjunction with any other information, to identify a specific individual. Personal identifying information shall include, but shall not be limited to, the following data elements: name, social security number, credit card number, debit card number, bank account information, month and day of birth, any personal email address required by a public agency for government applications, services, or programs, personal telephone number, the street address portion of any person’s primary or secondary home address, or driver license number of any person. “Personal identifying information” shall not include any street address, mailing address, email address, or telephone number of a public agency. “Personal identifying information” shall not include the email address of a governmental affairs agent. |
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Biotechnology exemption |
C.47:1A-1.2 Restricted access to biotechnology trade secrets. |
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a. When federal law or regulation requires the submission of biotechnology trade secrets and related confidential information, a public agency shall not have access to this information except as allowed by federal law. |
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b. A public agency shall not make any biotechnology trade secrets and related confidential in-formation it has access to under this act available to any other public agency, or to the general public, except as allowed pursuant to federal law. |
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Disclosable firearms info |
C.47:1A-1.3 Certain firearms records considered public records |
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Notwithstanding the provisions of any other statute or regulation to the contrary, government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) shall include aggregate information regarding the total number of permits to purchase a handgun and firearms purchaser identification cards, without any personal identifying information, that have been issued by the Superintendent of State Police or the Chief of Police of a municipal police department. |
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Limits to convicts |
C.47:1A-2.2 Access to certain information by convict prohibited; exceptions. |
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a. Notwithstanding the provisions of P.L. 1963, c. 73 (C. 47:1A-1 et seq.) or the provisions of any other law to the contrary, where it shall appear that a person who is convicted of any indictable offense under the laws of this State, any other state or the United States is seeking government records containing personal information pertaining to the person's victim or the victim’s family, including but not limited to a victim's home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information, the right of access provided for in P.L. 1963, c. 73 (C. 47:1A-1 et seq.) as amended and supplemented shall be denied. |
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b. A government record containing personal identifying information which is protected under the provisions of this section may be released only if the information is necessary to assist in the defense of the requestor. A determination that the information is necessary to assist in the requestor’s defense shall be made by the court upon motion by the requestor or his representative. |
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c. Notwithstanding the provisions of P.L. 1963, c. 73 (C. 47:1A-1 et seq.) as amended and supplemented, or any other law to the contrary, a custodian shall not comply with an anonymous re-quest for a government record which is protected under the provisions of this section. |
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Ongoing Investigations |
C.47:1A-3 Access to records of investigation in progress. |
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a. Notwithstanding the provisions of P.L. 1963, c. 73 (C. 47:1A-1 et seq.) as amended and supplemented, where it shall appear that the record or records which are sought to be inspected, copied, or examined shall pertain to an investigation in progress by any public agency, the right of access provided for in P.L. 1963, c. 73 (C. 47:1A-1 et seq.) as amended and supplemented may be denied if the inspection, copying or examination of such record or records shall be inimical to the public interest; provided, however, that this provision shall not be construed to allow any public agency to prohibit access to a record of that agency that was open for public inspection, examination, or copying before the investigation commenced. Whenever a public agency, during the course of an investigation, obtains from another public agency a government record that was open for public inspection, examination or copying before the investigation commenced, the investigating agency shall provide the other agency with sufficient access to the record to allow the other agency to comply with requests made pursuant to P.L. 1963, c. 73 (C. 47:1A-1 et seq.). |
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b. Notwithstanding the provisions of P.L. 1963, c. 73 (C. 47:1A-1 et seq.), as amended and supplemented, the following information concerning a criminal investigation shall be available to the public within 24 hours or as soon as practicable, of a request for such information: |
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Notwithstanding any other provision of this subsection, where it shall appear that the information requested or to be examined will jeopardize the safety of any person or jeopardize any investigation in progress or may be otherwise inappropriate to release, such information may be withheld. This exception shall be narrowly construed to prevent disclosure of information that would be harmful to a bona fide law enforcement purpose or the public safety. Whenever a law enforcement official determines that it is necessary to withhold information, the official shall issue a brief statement explaining the decision. |
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Requests and Responses |
C.47:1A-5 Times during which records may be inspected, examined, copied; access; copy fees. |
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Time when access is required |
a. The custodian of a government record shall permit the record to be inspected, examined, and copied by any person during regular business hours; or |
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during not less than six regular business hours over not less than three business days per week or the entity's regularly-scheduled business hours, whichever is less; unless a government record is exempt from public access by: P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented; any other statute; resolution of either or both houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law; federal regulation; or federal order. |
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Personal information to be redacted |
Prior to allowing access to any government record, the custodian thereof shall redact from that record any information which discloses the social security number, credit card number, personal telephone number, or driver license number of any person, or, in accordance with section 2 of P.L.2021, c.371 (C.47:1B-2), the home address, whether a primary or secondary residence, of any active, formerly active, or retired judicial officer, prosecutor, law enforcement officer, or child protective investigator in the Division of Child Protection and Permanency, or, as defined in section 1 of P.L.2021, c.371 (C.47:1B-1), any immediate family member thereof; except for: |
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Except where an agency can demonstrate an emergent need, a regulation that limits access to government records shall not be retroactive in effect or applied to deny a request for access to a government record that is pending before the agency, the council or a court at the time of the adoption of the regulation. |
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Fees for copies |
b. (1) A copy or copies of a government record may be purchased by any person upon payment of the fee prescribed by law or regulation. |
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Except as otherwise provided by law or regulation, the fee assessed for the duplication of a government record embodied in the form of printed matter shall be |
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Access to electronic records and non-printed materials shall be provided free of charge, but the public agency may charge for the actual costs of any needed supplies such as computer discs.
No fee shall be charged if the request is completed by directing the requestor to the requested government record that is available on the public agency’s website or the website of another public agency.
(2) No fee shall be charged to a victim of a crime for a copy or copies of a record to which the crime victim is entitled to access, as provided in section 1 of P.L.1995, c.23 (C.47:1A-1.1). |
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Special service charges |
c. Whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined, or copied pursuant to this section is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the public agency may charge, in addition to the actual cost of duplicating the record, a special service charge that shall be based upon the actual direct cost of providing the copy or copies, and such special service charge shall be reasonable. The custodian shall provide the requestor with an explanation for and an itemized list of the fees or charges.
The requestor shall have the opportunity to review and object to any fee or charge prior to it being incurred. There shall be a rebuttable presumption that the fees or charges presented by the custodian are reasonable. If the requestor objects to the fees or charges, the burden of proof shall be on the requestor to demonstrate that the fees or charges are unreasonable. |
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Mediums for copying |
d. A custodian shall permit access to a government record and provide a copy thereof in the medium or format requested if the public agency maintains the record in that medium or format.
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Immediate access records |
e. Immediate access ordinarily shall be granted to budgets, bills, vouchers, contracts, including collective negotiations agreements and individual employment contracts, and public employee salary and overtime information. Immediate access to government records shall not be required to be granted for documents over 24 months old. |
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Government records shall be made available to the public on a publicly available website to the extent feasible. A public agency may enter into shared services agreements for providing certain government records electronically. |
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Directing requestors to the internet |
If the government record in a complete and unabridged form is readily available on a public agency’s website, the custodian may require the requestor to obtain the record from the website, which shall contain a search bar feature on its home page. The custodian shall provide the requestor with directions to assist in finding the record on the website, including providing the website URL address and the location on the website of the search bar, menu button, tab, link, landing page, or equivalent, which contains the requested record. If the requestor does not respond to the custodian within seven business days of the custodian providing information about a record on the public agency’s website, the request shall be deemed fulfilled unless the version of the government record on the public agency’s website fails to contain non-protected information contained in the original record, in which case the custodian shall produce the original version of the record subject to any redactions required by law.
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Form for requests |
f. The custodian of a public agency shall adopt the form established by the Government Records Council pursuant to subsection b. of section 8 of P.L.2001, c.404 (C.47:1A-7), for the use of any person who requests access to a government record held or controlled by the public agency.
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Proper request submissions |
A request shall be submitted by a requestor in the form adopted by the custodian and the custodian may deny a request that is incomplete, except that a requestor indicating the request is being submitted anonymously shall not be grounds for denial. A completed form adopted by the custodian, a letter, or an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
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Anonymous requests |
A request may be submitted anonymously provided, however, that anonymous requestors shall not be permitted to institute proceedings pursuant to section 7 of P.L.2001, c.404 (C.47:1A-6). A request that is submitted anonymously shall not be considered incomplete. |
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Additional form requirements |
The form also shall include space for a requestor to certify whether the government record will be used by that requestor or another person for a commercial purpose, and the requestor shall be required to provide this information for the request to be fulfilled. The form shall include space for the custodian to indicate which record will be made available, when the record will be available, and the fees to be charged. The form shall also include the following: |
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(1) specific directions and procedures for requesting a record;
(2) a statement as to whether prepayment of fees or a deposit is required;
(3) the time period within which the public agency is required by P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented, to make the record available;
(4) a statement of the requestor's right to challenge a decision by the public agency to deny access and the procedure for filing an appeal;
(5) space for the custodian to list reasons if a request is denied in whole or in part;
(6) space for the requestor to sign and date the form;
(7) space for the custodian to sign and date the form if the request is fulfilled or denied. |
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Deposits |
The custodian may require a deposit against costs for reproducing documents sought through a request whenever the custodian anticipates that the information thus requested will cost in excess of $5 to reproduce. |
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Electronic forms and responses |
Custodians who have adopted electronic government record request forms shall provide directions on how to submit requests for government records, including any required forms, on the public agency’s website.
Custodians shall be permitted to provide an electronic response to any electronic records request if government records are available electronically. |
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Requests and Responses |
g. A request for access to a government record shall be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian. A public agency may make available to the public on its website an online form, portal, or software for transmitting requests electronically. The form established by the Government Records Council, pursuant to subsection b. of section 8 of P.L.2001, c.404 (C.47:1A-7), may be submitted electronically or by fax.
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A custodian shall promptly comply with a request to inspect, examine, copy, or provide a copy of a government record. |
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If the custodian is unable to comply with a request for access, the custodian shall indicate the specific basis therefor on the request form and promptly return it to the requestor. The custodian shall sign and date the form and provide the requestor with a copy thereof. |
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If the custodian of a government record asserts that part of a particular record is exempt from public access pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented, the custodian shall delete or excise from a copy of the record that portion which the custodian asserts is exempt from access and shall promptly permit access to the remainder of the record. |
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Substantial disruption of operations |
If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after informing the requestor of the potential disruption to agency operations and attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency. |
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Records sought that are part of a court order/pending discovery request |
A party to a legal proceeding may not request a government record if the record sought is the subject of a court order, including a pending discovery request, and a custodian shall not be required to complete such a request. The requestor shall be required to certify whether the government record is being sought in connection with a legal proceeding and identify the proceeding for the request to be fulfilled. For purposes of this provision, a party to a legal proceeding shall include a party subject to a court order, any attorney representing that party, and any person acting as an agent for or on behalf of that party. |
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Exceptions |
Nothing in this paragraph shall bar a request for a government record filed by a labor organization or by a contractor signatory to a collective bargaining agreement seeking information material to the enforcement of State or federal statutes or regulations regarding, but not limited to, wage and hour protections, workplace safety, or public procurement and public bidding, including, but not limited to, requests for certified payrolls or information about all bids submitted in response to a public procurement process subsequent to the deadline for the submission of all bids for that solicitation, when the request by the labor organization or contractor signatory is not sought in connection with or in furtherance of discovery requests in a court proceeding. |
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Criteria for correspondence requests |
A custodian shall not be required to complete a request, including for, but not limited to, mail, email, text messages, correspondence, or social media postings and messages, if the request does not identify a specific job title or accounts to be searched, a specific subject matter, and is not confined to a reasonable time period, or if the custodian determines that the request would require research and the collection of information from the contents of government records and the creation of new government records setting forth that research and information. It shall be sufficient for a requestor to identify specific individuals by the individual’s job title and position. |
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Request received by other officers or employees |
h. Any officer or employee of a public agency who receives a request for access to a government record shall forward the request to the custodian of the record or direct the requestor to the custodian of the record. The request shall not be considered submitted until it is received by the custodian of records. |
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Time period for responses |
i. (1) Unless a shorter time period is otherwise provided by statute, regulation, or executive order, a custodian of a government record shall grant access to a government record or deny a request for access to a government record as soon as possible, but not later than seven business days after receiving the request, or 14 business days if the request is for a commercial purpose or if the records have to be reviewed by the public agency for the purpose of the agency’s compliance with P.L.2021, c.371 (C.47:1B-1 et seq.), but the custodian shall notify the requestor of the additional response time within seven business days, provided that the record is currently available and not in storage or archived. The response time periods of seven or 14 business days, as established in this subsection, shall be an additional seven business days longer if the public agency is a fire district which employs one or fewer full-time employees who serve as custodians. If a commercial requestor would like to receive the record within seven business days, as established in this subsection, the custodian shall provide the requestor with a copy of the record and may charge a special service fee not exceeding two times the cost of the production of the record. |
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Extensions – reasonable circumstances |
In the event a records custodian is unable to fulfill a records request due to unforeseen circumstances or circumstances that otherwise reasonably necessitate additional time to fulfill the records request, the custodian shall be entitled to a reasonable extension of any response deadline and shall notify the requestor of the time extension within seven business days after receiving the request. |
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“Deemed” denial |
In the event a custodian fails to respond within seven business days or 14 business days, as appropriate, after receiving a request, the failure to respond shall be deemed a denial of the request, unless the requestor has elected not to accurately identify themselves or to provide an accurate address, email address, or telephone number. If the requestor has elected not to accurately identify themselves or to provide an accurate address, email address, or telephone number, the custodian shall not be required to respond until the requestor contacts the custodian seeking a response to the original request. |
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Extensions – Records in storage |
If the government record is in storage or archived, the requestor shall be so advised within seven or 14 business days, as appropriate, after the custodian receives the request. The requestor shall be advised by the custodian when the record can be made available, which shall be no more than 21 business days from the date the requestor is so advised. If the record is not made available by that time, access shall be deemed denied. |
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Possession through remote access or as a courtesy copy |
A public agency shall not be considered to be in possession of a public record that is created, maintained, or received by another public agency and made available to the public agency either by remote access to a computer network or by distribution as a courtesy copy, unless the agency that created, maintained, or received the record resides within the judicial branch of the State Government. A records custodian of a public agency that receives a request for a record created, maintained, or received by another public agency shall not be obligated to provide the record to the requestor. In the event the custodian does not provide the record, the custodian shall direct the requestor within seven business days to the public agency that, to the best of their knowledge, created, maintains, or received the requested record, at which time the request shall be considered completed. |
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Identical requests |
The custodian shall not be required to complete an identical request for access to a government record from the same requestor if the information has not changed. Nothing in this section shall prevent a requestor from filing periodic requests regarding regularly updated public records, including, but not limited to, certified payrolls, permits, and licensing applications. |
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Retrieval of records by requestors |
A requestor shall have 14 business days to retrieve the government records following notice from the custodian that the request has been completed and the records are available. |
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State of emergency time period for response |
(2) During a period declared pursuant to the laws of this State as a state of emergency, public health emergency, or state of local disaster emergency, the deadlines by which to respond to a request for, or grant or deny access to, a government record under paragraph (1) of this subsection or subsection e. of this section shall not apply, provided, however, that the custodian of a government record shall make a reasonable effort, as the circumstances permit, to respond to a request for access to a government record within seven business days or 14 business days, as appropriate, or as soon as possible thereafter. |
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Notice to be posted |
j. A custodian shall include information on the public agency’s website and public records request form regarding a requestor’s right to appeal a denial of, or failure to provide, access to a government record and the procedure by which an appeal may be filed, which shall include the website address and toll-free information line phone number of the Government Records Council. |
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Public defender records |
k. The files maintained by the Office of the Public Defender that relate to the handling of any case shall be considered confidential and shall not be open to inspection by any person unless authorized by law, court order, or the State Public Defender. |
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Protective orders |
C.47:1A-5.1 Verified complaint, government records, requestor with intention to interrupt government functioning, protective order |
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a. Notwithstanding any other law or rule or regulation to the contrary, whenever there is filed a verified complaint to the Superior Court of the county in which the request for access to government records was made under P.L.1963, c.73 (C.47:1A-1 et seq.) alleging that a requestor has sought records with the intent to substantially interrupt the performance of government function, the court may issue a protective order limiting the number and scope of requests the requestor may make or order such other relief as it deems appropriate, including referral of the matter to mediation or a waiver of the required response time. The court may issue the protective order if it finds by clear and convincing evidence that the requestor has sought records under P.L.1963, c.73 (C.47:1A-1 et seq.) with the intent to substantially interrupt the performance of government function. The complaint shall be accompanied by a declaration of facts by the public agency withholding the records demonstrating that it has complied with P.L.1963, c.73 (C.47:1A-1 et seq.) and has made a good faith effort to reach an informal resolution of the issues relating to the records requests.
The requestor shall have notice and an opportunity to answer the allegations set forth in the petition submitted by the public agency.
The public agency shall have the burden of proof by clear and convincing evidence.
The court’s consideration of a public agency’s complaint for relief shall proceed in a summary or expedited manner. |
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b. The order specified in subsection a. of this section may limit, or, in appropriate circumstances, eliminate the public agency’s duty to respond to government records requests from the requestor in the future. |
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Exceptions |
c. Requests for government records filed by a labor organization or by a contractor signatory to a collective bargaining agreement seeking information material to the enforcement of State or federal statutes or regulations regarding, but not limited to, wage and hour protections, workplace safety, or public procurement and public bidding, including, but not limited to, requests for certified payrolls or information about all bids submitted in response to a public procurement process subsequent to the deadline for the submission of all bids for that solicitation, when the request by the labor organization or contractor signatory is not sought in connection to or in furtherance of discovery requests in a court proceeding, shall not be considered to be intended to interrupt government functions, and shall not form the basis for the filing of a complaint under this section. |
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Indecent and graphic images |
C.47:1A-5.2 Prior written consent, subject, legal next of kin, indecent, graphic photograph, video footage |
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Consent |
a. A person who has obtained a photograph or video recording pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), and who is not a subject of the photograph or video footage, shall not disclose any indecent or graphic images of the subject’s intimate parts, captured by the photograph or recording, without the prior written consent of the subject of the photograph or video footage or written consent of the legal next of kin if the subject is deceased.
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Penalties |
b. A person who knowingly violates the provisions of subsection a. of this section shall be guilty of a disorderly persons offense. |
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Definitions |
c. As used in this section:
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Election Records |
C.47:1A-5.3 Applicability |
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a. The provisions of this section shall apply only to the New Jersey Division of Elections, the New Jersey Election Law Enforcement Commission, County Boards of Elections, County Superintendents of Elections, County Clerks, Municipal Clerks, Fire District Board Clerks, School District Business Administrators, and School District Board Secretaries, hereafter referred to as an “election agency” or “election agencies.” Except as otherwise provided for in this section, all provisions of this act, P.L.2024, c.16 (C.47:1A-5.1 et al.), shall apply to all election agencies. Nothing herein shall be construed to mean that an election agency is required to provide a record in response to a request for records, unless it has made or received and maintains said requested record pursuant to law or regulation. |
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Disclosure with no redactions except as permitted |
b. Notwithstanding any other law, rule, or regulation to the contrary, except as otherwise provided in sections 2 and 3 of P.L.2021, c.371 (C.47:1B-1 et seq.), subsection b. of section 1 of P.L.1994, c.148 (C.19:31-3.2), or in any rules or regulations promulgated by the Secretary of State pursuant to subsection f. of this section, the following shall be records for which the provided information shall not be redacted by an election agency except for voter signatures, Social Security numbers, driver license numbers, and non-driver identification numbers:
(1) Voter registration forms and forms changing the provided information thereof;
(2) Party affiliation forms and forms changing the provided information thereof;
(3) Applications for a vote-by-mail ballot, except as otherwise provided in sections 3 and 13 of P.L.2020, c.70 (C.19:63-1 et seq.);
(4) Forms or reports submitted to the Election Law Enforcement Commission;
(5) Nominating petitions for any candidate for any elected office, which shall be provided in a manner that includes voter signatures on such petitions;
(6) Petitions to recall an elected official, which shall be provided in a manner that includes voter signatures on such petitions;
(7) Petitions or submissions for any public question or referenda to be considered by voters, which shall be provided in a manner that includes voter signatures on such petitions;
(8) Any submissions, responses, objections, or challenges pertaining to a record referred to in this subsection; and
(9) Any addendums, amendments, corrections, withdrawals, or accompanying forms or submissions pertaining to a record referred to in this subsection. |
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2-day response time frame, with exceptions |
c. Notwithstanding any other law, rule, or regulation to the contrary, the following shall be records and information that an election agency shall make available to requestors for immediate access and transmission via email as soon as possible, but not later than two business days after receipt of the request, provided the request is not for a commercial purpose, for which a fee shall not be charged nor collected:
(1) Nominating petitions for any candidate for any elected office filed with the election agency within the preceding 90 days of the date the request is received;
(2) Petitions to recall an elected official filed with the election agency within the preceding 90 days of the date the request is received;
(3) Petitions or submissions for any public question or referenda to be considered by voters filed with the election agency within the preceding 90 days of the date the request is received;
(4) Any submissions, responses, objections, or challenges filed with the election agency within the preceding 90 days pertaining to a record referred to in this subsection;
(5) Any addendums, amendments, corrections, withdrawals, or accompanying forms or submissions filed with the election agency within the preceding 90 days pertaining to a record referred to in this subsection; and
(6) The inspection and transmission deadline requirements of this subsection shall be deemed satisfied if an election agency posts on its website the records and information referred to in this subsection.
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Immediate response time frame within 16 days of an election |
d. Notwithstanding any other law, rule, or regulation to the contrary, the following in paragraphs (1) through (4) of this subsection shall be records and information that an election agency shall make available to requestors for immediate access and transmission via email as soon as possible, provided the request pertains only to an election to be held within 16 days after the date of the request and is not for a commercial purpose. The transmission shall be not later than two business days after receipt of the request when said request is made between one and 15 days before the date of the election pertaining to the request. For any request submitted the day before an election by noon, the request shall be completed by noon the day of the election. A fee shall not be charged nor collected. This subsection shall apply to:
(1) Lists, in a format capable of being sorted by the requestor, of registered voters, including their name, address, party affiliation, and municipal voting ward and district, who have requested, been mailed, or returned a vote-by-mail ballot, including the dates the ballot was requested by the voter, mailed to the voter, and received by the appropriate election agency;
(2) Lists, in a format capable of being sorted by the requestor, of registered voters, including their name, address, party affiliation, and municipal voting ward and district, who have cast a vote during the early voting period, including the date and polling location the vote was cast;
(3) The inspection and transmission deadline requirements of this subsection shall be deemed satisfied if an election agency posts on its website the records and information referred to in this subsection; and
(4) Whenever the requirements of this subsection would cause a voter’s privacy to be violated, the information shall be provided in a manner that maintains the privacy of the voter. |
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Exemptions |
e. The following records or information shall not be subject to disclosure pursuant to a request for public records:
(1) Ballots marked by a voter, vote tabulations, or election results for any election prior to the time of the closing of the polls on the date of the election, except as otherwise provided for by law, rule, or regulation; and
(2) Manuals instructions, specifications, technical information, or programming code of computers, software, applications, networks, tablets, voting machines, printers, scanners, and any other equipment, systems, policies or plans used for the conduct of elections, the disclosure of which, could have the potential to jeopardize the security, integrity or accuracy of the conduct of elections, tabulation of votes, or determination of election results, except as otherwise provided for by law, rule, or regulation, or in response to a subpoena or order of a court or tribunal of competent jurisdiction. |
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Rulemaking |
f. The Secretary of State may adopt regulations necessary to effectuate the purposes of this act, which regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.). |
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Challenges to access denial |
C.47:1A-6 Proceeding to challenge denial of access to record. |
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Statute of limitation |
A person who is denied access to a government record by the custodian of the record, at the option of the requestor who is accurately identified by name, may, within 45 days of the date of denial: |
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The right to institute any proceeding under this section shall be solely that of the requestor. Any such proceeding shall proceed in a summary or expedited manner. The public agency shall have the burden of proving that the denial of access is authorized by law. If it is determined that access has been improperly denied, the court or Government Records Council shall order that access be allowed. |
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Prevailing party fees |
A requestor who prevails in any proceeding may be entitled to a reasonable attorney’s fee. While the court or Government Records Council may award a reasonable attorney’s fee to a prevailing party in any proceeding, if the public agency has been determined to have unreasonably denied access, acted in bad faith, or knowingly and willfully violated P.L.1963, c.73 (C.47:1A-1 et seq.), then the court or Government Records Council shall award a reasonable attorney’s fee. |
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Dismissal without prejudice on disclosure |
If the records sought are produced by the public agency within seven business days of service of an action in Superior Court or a complaint before the Government Records Council, upon notification to the Superior Court or the Government Records Council, the matter shall be dismissed without prejudice and the requestor may be entitled to a reasonable attorney’s fee if the custodian knew or should have known that the denial of access violated P.L.1963, c.73 (C.47:1A-1 et seq.). |
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Government Records Council (GRC) |
C.47:1A-7 Government Records Council. |
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Council membership |
a. (1) There is established in the Department of Community Affairs a Government Records Council. The council shall consist of the Commissioner of Community Affairs or the commissioner’s designee, who shall serve as Chair, and eight public members appointed as follows: four appointed by the Governor with the advice and consent of the Senate, no more than two of whom shall be members of the same political party; two directly appointed by the Governor from persons recommended by the President of the Senate, no more than one of whom shall be a member of the same political party; and two directly appointed by the Governor from persons recommended by the Speaker of the General Assembly, no more than one of whom shall be a member of the same political party. Each public member shall serve for a term of five years and until a successor is appointed and qualified. |
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(2) Notwithstanding the provisions of paragraph (1) of this subsection, or any other law, rule, or regulation to the contrary, within 90 days following the enactment date of P.L.2024, c.16 (C.47:1A-5.1 et al.), the Governor shall directly appoint eight public members to the council, each of whom shall serve for a term of three years and until a successor is appointed and qualified, as follows: two from persons recommended by the President of the Senate, no more than one of whom shall be a member of the same political party; two from persons recommended by the Speaker of the General Assembly, no more than one of whom shall be a member of the same political party; and four appointed at the sole discretion of the Governor, no more than two of whom shall be members of the same political party. The terms of office of the members of the council serving on the date of enactment of P.L.2024, c.16 (C.47:1A-5.1 et al.), shall expire upon the Governor’s direct appointment of the new members pursuant to this subsection.
(3) A public member shall not hold any other State or local elected office while serving as a member of the council. A public member shall receive a salary equivalent to that provided by law for a public member of the Local Finance Board of the Division of Local Government Services in the Department of Community Affairs. A member may be removed by the Governor for cause. Vacancies among the public members shall be filled by appointment by the Governor, according to the provisions of subsection a. of this section, and for the remainder of the unexpired term. |
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The council may employ an executive director and such professional and clerical staff as it deems necessary and may call upon the Department of Community Affairs for such assistance as it deems necessary and may be available to it. |
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Duties of GRC |
b. The Government Records Council shall: |
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In implementing the provisions of this section, the council shall: act, to the maximum extent possible, at the convenience of the parties; utilize video conferencing, teleconferencing, faxing of documents, e-mail and similar forms of modern communication; conduct virtual meetings and hearings when practical and at the discretion of the council; and when in-person meetings are necessary, send representatives to meet with the parties at a location convenient to the parties. |
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The council shall periodically review the information and format of its website and make such adjustments as shall be deemed necessary to ensure that the information is clearly presented, accessible, and useful for the general public. The council shall conduct such an initial review within six months following the effective date of P.L.2024, c.16 (C.47:1A-5.1 et al.). |
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GRC hearings |
c. At the request of the council, a public agency shall produce documents and ensure the attendance of witnesses with respect to the council’s investigation of any complaint or the holding of any hearing. |
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Use of mediation |
d. Upon receipt of a written complaint signed by any person alleging that a custodian of a government record has improperly denied that person access to a government record, the council shall offer the parties the opportunity to resolve the dispute through mediation. |
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Mediation shall enable a person who has been denied access to a government record and the public agency that employs the records custodian who denied or failed to provide access thereto to attempt to mediate the dispute through a process whereby a neutral mediator, who shall be trained in mediation selected by the council, acts to encourage and facilitate the resolution of the dispute. |
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Mediation shall be an informal, nonadversarial process having the objective of helping the parties reach a mutually acceptable, voluntary agreement. The mediator shall assist the parties in identifying issues, foster joint problem solving, and explore settlement alternatives. |
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Formal investigation |
e. If any party declines mediation or if mediation fails to resolve the matter to the satisfaction of all parties, the council shall initiate an investigation concerning the facts and circumstances set forth in the complaint. The council shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. The council may assign staff attorneys to conduct the investigation, present findings, and make recommendations to the council. |
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If the council shall conclude that the complaint is outside its jurisdiction, frivolous, or without factual basis, it shall reduce that conclusion to writing and transmit a copy thereof to the complainant and to the public agency that employs the records custodian against whom the complaint was filed. Otherwise, the council shall notify the public agency that employs the records custodian against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. |
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The public agency that employs the records custodian shall have the opportunity to present the board with any statement or information concerning the complaint which the agency wishes. If the council is able to make a determination as to a record’s accessibility based upon the complaint and the agency’s response thereto, it shall reduce that conclusion to writing and transmit a copy thereof to the complainant and to the public agency that employs the records custodian against whom the complaint was filed. |
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If the council is unable to make a determination as to a record’s accessibility based upon the complaint and the agency’s response thereto, the council shall conduct a hearing on the matter in conformity with the rules and regulations provided for hearings by a State agency in contested cases under the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), insofar as they may be applicable and practicable. |
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Council decisions |
The council shall, by a majority vote of its members, render a decision as to whether the record which is the subject of the complaint is a government record which must be made available for public access pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented. If the council determines, by a majority vote of its members, that a custodian is found to have knowingly and willfully violated P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, and to have unreasonably denied access under the totality of the circumstances, the council may impose the penalties provided for in section 12 of P.L.2001, c.404 (C.47:1A-11) on the public agency that employs the custodian. |
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Appeal of council decisions |
A decision of the council may be appealed to the Appellate Division of the Superior Court. Such appeals shall be filed within 45 days from the date the council renders a decision. A decision of the council shall not have value as a precedent for any case initiated in Superior Court pursuant to section 7 of P.L.2001, c.404 (C.47:1A-6). All proceedings of the council pursuant to this subsection shall be conducted as expeditiously as possible. |
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Adjudication time frames |
Beginning 18 months following the effective date of P.L.2024, c.16 (C.47:1A-5.1 et al.), the council shall adjudicate all complaints that come before it within 90 days of the complaint’s filing, with the ability to extend for 45 days for good cause, exclusive of any time period during which the parties are engaged in a mediation process pursuant to this section. The council shall make such organizational adjustments and modify its procedures as it deems necessary to ensure that complaints are adjudicated in such a timeframe. |
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f. The council shall not charge any party a fee in regard to actions filed with the council. The council shall be subject to the provisions of the “Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6), except that the council may go into closed session during that portion of any proceeding during which the contents of a contested record would be disclosed. A requestor who prevails in any proceeding may be entitled to a reasonable attorney’s fee as provided for in section 7 of P.L.2001, c.404 (C.47:1A-6). |
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g. The council shall not have jurisdiction over the Judicial or Legislative Branches of State Government or any agency, officer, or employee of those branches. |
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Court reporting |
h. The Superior Court shall provide the Government Records Council a list of all actions which have been brought before the courts filed pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, which have been settled by the parties thereto. Such a list shall provide the docket number and names of the parties to the action. The council shall compile a database comprised of the data provided by the Superior Court.
The Administrative Office of the Courts, on behalf of the Superior Court of New Jersey, shall provide the Government Records Council a report at the end of each court year of all cases filed pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.). The report shall be grouped by defendant and county filed in and shall include a comprehensive list of all cases filed with a summary judgment regarding P.L.1963, c.73 (C.47:1A-1 et seq.), Statewide, itemized by the following factors:
(1) Case caption;
(2) County of venue;
(3) Docket number;
(4) Counsel of records;
(5) Case disposition; and
(6) Attorney’s fees requested and awarded. |
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Complaint Dismissal |
C.47:1A-7.1 Complaints, appeals, Government Records Council, Superior Court, anonymous, fictitious identity, dismissal with prejudice |
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a. All complaints and appeals pending before the Government Records Council or the Superior Court filed prior to the effective date of P.L.2024, c.16 (C.47:1A-5.1 et al.), either anonymously or using a fictitious name or identity, may be dismissed with prejudice upon a motion by the public agency, unless the complainant files an amendment to their complaint that accurately identifies their name and mailing address within 90 days of the effective date of P.L.2024, c.16 (C.47:1A-5.1 et al.). |
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b. The parties to any complaint or appeal pending before the Government Records Council, the Superior Court or the Supreme Court of New Jersey filed prior to the effective date of P.L.2024, c.16 (C.47:1A-5.1 et al.), shall be permitted to file an amendment to their respective complaints and answers within 90 days of the effective date of P.L.2024, c.16 (C.47:1A-5.1 et al.). |
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Continuation of common law |
C.47:1A-8 Construction of act. |
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Nothing contained in P.L. 1963, c. 73 (C. 47:1A-1 et seq.), as amended and supplemented, shall be construed as limiting the common law right of access to a government record, including criminal investigatory records of a law enforcement agency. |
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Continuation of existing exemptions |
C.47:1A-9 Other laws, regulations, privileges unaffected. |
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a. The provisions of this act, P.L. 2001, c. 404 (C. 47:1A-5 et al.), shall not abrogate any exemption of a public record or government record from public access heretofore made pursuant to P.L. 1963, c. 73 (C. 47:1A-1 et seq.); any other statute; resolution of either or both Houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law; federal regulation; or federal order. |
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b. The provisions of this act, P.L. 2001, c. 404 (C. 47:1A-5 et al.), shall not abrogate or erode any executive or legislative privilege or grant of confidentiality heretofore established or recognized by the Constitution of this State, statute, court rule or judicial case law, which privilege or grant of confidentiality may duly be claimed to restrict public access to a public record or government record. |
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Access to personnel and pension records |
C.47:1A-10 Personnel, pension records not considered public information; exceptions. |
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Notwithstanding the provisions of P.L. 1963, c. 73 (C. 47:1A-1 et seq.) or any other law to the contrary, the personnel or pension records of any individual in the possession of a public agency, including but not limited to records relating to any grievance filed by or against an individual, shall not be considered a government record and shall not be made available for public access, except that: |
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Violations |
C.47:1A-11 Violations, penalties, disciplinary proceeding. |
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a. If a public official, officer, employee, or custodian is found to have knowingly and willfully violated P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, and to have unreasonably denied access under the totality of the circumstances, the public agency that employs the custodian, officer, employee, or official shall be subject to a civil penalty of $1,000 for an initial violation, $2,500 for a second violation that occurs within 10 years of an initial violation, and $5,000 for a third violation that occurs within 10 years of an initial violation. The penalties authorized pursuant to this subsection may be imposed by the courts or by the Government Records Council. |
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b. A requestor who is found to have intentionally failed to certify that a records request is for a commercial purpose shall be subject to a civil penalty of $1,000 for the first offense, $2,500 for the second offense, and $5,000 for each subsequent offense. The penalties may be imposed by the courts. |
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c. These penalties shall be collected and enforced in proceedings in accordance with the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), and the rules of court governing actions for the collection of civil penalties. The Superior Court shall have jurisdiction of proceedings for the collection and enforcement of the penalty imposed by this section. |
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d. Appropriate disciplinary proceedings may be initiated against a public official, officer, employee or custodian against whom a penalty has been imposed. |
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Court Rules |
C.47:1A-12 Court rules. |
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The New Jersey Supreme Court may adopt such court rules as it deems necessary to effectuate the purposes of this act. |
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Budget |
C.47:1A-13 Annual budget request for the council. |
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The Commissioner of Community Affairs shall include in the annual budget request of the Department of Community Affairs a request for sufficient funds to effectuate the purposes of section 8 of P.L. 2001, c. 404 (C. 47:1A-7). |
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11. Appropriation. |
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a. There is hereby appropriated $4,000,000 from the State General Fund to the Department of Community Affairs to provide grants to political subdivisions of the State for the purpose of making government records that are accessible under P.L.1963, c.73 (C.47:1A-1 et seq.) available electronically, including through the use of shared services agreements. |
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b. There is hereby appropriated $4,000,000 from the State General Fund to the Department of Community Affairs for the Government Records Council. |
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c. There is hereby appropriated $2,000,000 from the State General Fund to the Department of Community Affairs for the Government Records Council to effectuate the purposes of section 8 of P.L.2001, c.404 (C.47:1A-7) as amended by section 4 of P.L.2024, c.16 (C.47:1A-7). |
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12. Effective Date. |
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This act shall take effect 90 days following the date of enactment. |
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Approved June 5, 2024 (P.L. 2024, c.16). |