In a move that is quite literally Orwellian, New Jersey Governor Phil Murphy signed a bill into law this summer that significantly alters the state’s Open Public Records Act (OPRA), effectively gutting transparency and access to government records of all types.
But it’s actually much worse than that. NJ S2930/A4045, which is now law, not only severely limits the public’s right to information, it potentially punishes citizens for seeking government accountability.
The New Law’s Implications
The new law introduces several contentious changes:
- Reduction in Access: The presumption that government records should be readily accessible has been diluted, making it harder for citizens to obtain documents related to government operations. The new law specifically bars access to most metadata in electronic government files and “indecent or graphic images” without consent (think Hunter Biden’s laptop).
- Legal Fees and Punitive Measures: The bill shifts fees from government agencies to the requesters themselves, and allows government agencies to get protective court orders to limit the number of requests a person can make by citing an “intent to substantially impair” government operations.
- Commercial Requests: The bill doubles the deadline to respond to commercial OPRA requests from 7 to 14 days (unless the requester pays additional fees), despite the fact that the government appropriated $10,000,000 out of the General Fund to execute various aspects of the new law.
New Jersey Freedom of Information Day
In response to these government abuses, News2A and the New Jersey NICS Research Center (a non-profit group that focuses on government data transparency) are working together to organize a grassroots movement declaring October 30 as New Jersey Freedom of Information Day. This initiative encourages citizens to exercise their First Amendment rights by submitting records requests to New Jersey government officials. The goal? To exercise our fundamental rights while also demonstrating the public’s demand for transparency and accountability.
How to Participate
The NJ NICS team has developed a comprehensive guide on how to submit an OPRA request anonymously, protecting individuals from potential punitive actions by the state. This guide provides step-by-step instructions on making requests while safeguarding your identity. And it is literally for EVERYBODY.
What Kinds of Information to Seek
There are near limitless possibilities when it comes to the information you might want to know about your government. You are limited only by your imagination. Here are a few ideas:
- Parents might want to know the stated curriculum in their school district
- Salaries of Board of Education members or government officials
- Data on denials of applications such as firearms permits
- Information on funding allocations for schools, or data on student performance metrics
- Reports on disciplinary actions of government officials
- Internal emails, memos, and other communications on any topic important to you
- Data on approval times for zoning and other ordinances
- Documents that explain internal procedures and protocols
- Incident reports, body camera footage, or recordings of phone calls / meetings
- Records of legal settlements involving government entities or officials
- Economic forecasts, budget justifications, or financial statements
- Studies or reports on climate change, pollution levels, or conservation efforts funded or conducted by the government
- Records of meetings between government officials and lobbyists, campaign finance disclosures
- Details on government surveillance programs, data collection practices, or technology contracts for surveillance equipment
- Information on government officials’ travel schedules and budgets
- Data on how welfare programs are administered, success rates, or any internal reviews of these programs
- Information on conviction rates and crime statistics
- Older government documents that might have been recently declassified or historical records
The Importance of This Movement
This grassroots effort is not just about forcing the state to provide timely and accurate information to its citizens via legally protected requests; it’s a statement. It’s about:
- Reaffirming Rights: Demonstrating that citizens have not forgotten their right to know how their government operates.
- Encouraging Accountability: By providing tools showing how to make requests, the movement aims to highlight the importance of transparency in government.
- Community Engagement: Encouraging dialogue and action among New Jersey residents about the value of open government.
Conclusion
Governor Murphy’s signing of the OPRA overhaul bill has been met with national criticism, with headlines suggesting a dark turn for government transparency in New Jersey. However, movements like New Jersey Freedom of Information Day show that the spirit of democracy is alive and well among its citizens. By participating in this day, residents can collectively voice their discontent with the new law and push for a return to a more transparent government.
This initiative is more than just a day; it’s a reminder of the power of collective action in the face of legislative overreach. Let’s make October 30 a day where the voices of New Jersey’s citizens are heard loud and clear, demanding the transparency they deserve.
