Governor Phil Murphy has faced significant backlash after signing a contentious bill that overhauls New Jersey’s Open Public Records Act (OPRA). Despite widespread criticism from the press, transparency groups, and good government advocates, Murphy defended the law, calling claims that it might enable corruption “offensive.”
Murphy emphasized the need to balance vigilance against corruption with respect for local officials. “It’s not either, or — you can be both vigilant about corruption and bad behavior and you can respect local mayors and public servants,” he told reporters.
The new law introduces significant changes to OPRA, which determines the accessibility of government records. One notable provision removes the mandatory awarding of legal fees to those who successfully sue public entities for withholding documents, a change critics argue will deter people from seeking rightful access to public records.
Murphy acknowledged the difficulty of his decision to sign the bill, stating it weighed heavily on him. He signed it based on its merits and the necessity to update the 22-year-old law to reflect advancements in technology and the internet. He noted the need to balance updating the law while maintaining transparency.
Critics, however, see the bill as a step backward. They argue it reduces accountability, complicates access to public records for journalists and residents, and could lead to legal action against individuals requesting too many records. Dena Mottola Jaborska, executive director of New Jersey Citizen Action, labeled the bill a “slap in the face to the public,” criticizing Murphy for ignoring the will of the people in favor of political insiders.
In response, Murphy highlighted the support from some local officials and the League of Municipalities, who felt the previous OPRA law had become overly burdensome. He described the changes as “modest” and stated his intention to appoint “serious-minded people” to the Government Records Council, which adjudicates complaints about denied records requests. The council will expand and receive part of the $10 million appropriated by the law to improve its efficiency, including resolving cases within 45 days.
Sen. Tony Bucco (R-Morris), a sponsor of the bill, argued that modernizing online accessibility would enhance the council’s effectiveness, making records requests easier and more efficient while saving taxpayer money. The council will create a uniform records request form and direct requestors to public documents posted online, though the specifics of these online repositories remain undefined.
Murphy expressed his commitment to ensuring the revamped law’s goals are met, even as he acknowledged the controversy surrounding it. He plans to announce his appointees to the Government Records Council soon, aiming to uphold both transparency and efficiency in handling public records requests.