Open Public Records Act - OPRA

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Open Public Records Act (OPRA)

To obtain the OPRA Form, CLICK HERE

State of New Jersey, Government Records Council

 

Common Law

A public record under common law is one required to be kept, or necessary to be kept in discharge of a duty imposed by law, or directed by law to serve as a memorial and evidence of something written, said, or done, or a writing filed in a public office. The elements essential to constitute a public record are that it be a written memorial, that it be made by a public officer, and that the officer be authorized by law to make it.

If the information requested is a "public record" under common law and the requester has a legally recognized interest in the subject matter contained in the material, then the material must be disclosed if the individual's right of access outweighs the State's interest in preventing disclosure.

Note that any challenge to a denial of a request for records under common law cannot be made to the Government Records Council, as the Government Records Council only has jurisdiction to adjudicate challenges to denials of OPRA requests. A challenge to the denial of access under common law can be made by filing an action in Superior Court.

What is the Open Public Records Act (OPRA)?
What to do if your request has been denied?

If you wish to have copies of any of these records the fees are:

·         $0.05 per page for letter sized pages and smaller

·         $0.07 per page for legal sized pages and larger

·         For delivery, all fees will be based upon the type of delivery requested and the fee will be added to page costs.

·         Extraordinary service fees are dependent upon the request (i.e. computer disc, CD-ROM, DVD).

·         Payment may be in the form of cash, check or money order.