The Open Public Records Act (N.J.S.A. 47:1A-1, et seq.) provides procedures for the public (the "requestor") to review or obtain copies of government records. Below is a summary of these procedures and guidance for requesting records.
To access government records, a requestor must determine which records he or she wishes to obtain, and then determine which public agency holds them. Requestors may then choose to either contact the relevant public agency or review their website for custodian contact information. That will help eliminate delays in fulfilling a request. In a municipal government, the custodian will typically be the municipal clerk, or, at other levels of government, someone in that agency who has been designated. In many municipal governments, records routinely available through an office, like the police department or tax collector, can still be obtained directly from those offices.
OPRA applies to requests for specific types of records and is not an opportunity to ask questions or seek basic pieces of information. In order to be considered a valid request under OPRA, the request must identify the specific record(s) desired, the request must be submitted to the custodian of the public agency that has the record, and the request must be in writing on the agency's adopted OPRA request form or some other written format (such as a letter, e-mail or fax) that includes all information required on the adopted form. N.J.S.A. 47:1A-5(f);(g).
Requestors may need to consider an "outside the box" approach to composing an OPRA request. For instance, if a requestor is interested in finding out about construction occuring on their street, they may consider filing an OPRA request seeking records such as a contract with the construction company, invoices therewith, resolutions, etc. that could provide an answer to the question. Requestors may attempt to engage the custodian for help in identifying what public record is likely to contain the information or facts being sought.
Calling ahead or checking agency websites in advance of filing requests can save time and aggravation. OPRA requests to State government can be submitted electronically through OPRA Central. OPRA Central also has lists of Internet links to New Jersey public agency web sites.
