Using New Jersey's Open Public Records Act (OPRA): A Practical Guide

The Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), enacted in 2002, replaced the earlier Right to Know Law and significantly expanded public access to government records in New Jersey. OPRA establishes a presumption of openness: government records are available to the public unless a specific exemption applies.

OPRA applies to records held by state and local government agencies, including state departments, counties, municipalities, school boards, and public authorities. It does not apply to the Legislature or the courts (which have their own access rules).

OPRA covers any "government record" — defined broadly as any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically, or any copy thereof, that has been made, maintained, or kept on file in the course of official business by any officer, commission, agency, or authority of the State or any political subdivision.

Common OPRA requests include:

• Police reports and incident reports
• Government contracts and bid documents
• Meeting minutes and agendas
• Salary and payroll records of public employees
• Building permits and inspection records
• Environmental monitoring data
• Email correspondence of public officials (with exceptions)

Each government agency must designate a Records Custodian who is responsible for processing OPRA requests. Requests must be submitted on the agency's official OPRA request form (available on the agency's website) or in a written format that includes your name, contact information, and a specific description of the records you are seeking.

Key rules for submitting a request:

• Be as specific as possible. A request for "all emails" is likely to be denied or delayed. A request for "emails between the Mayor and the City Engineer regarding the Route 1 bridge project from January 1 to March 31, 2025" is more likely to be fulfilled promptly.
• You do not need to state a reason for your request. OPRA does not require requestors to explain why they want records.
• You may request records in a specific format (paper, electronic, PDF). The agency must provide records in the requested format if it is readily available.

The agency has seven business days to respond. The response must either provide the records, deny the request with a specific legal basis, or request additional time (with a reason).

OPRA contains numerous exemptions. The most commonly invoked include:

When an agency denies a request based on an exemption, it must identify the specific exemption and explain why it applies. A blanket denial without explanation is itself a violation of OPRA.

If your OPRA request is denied, you have two options for appeal:

1. Government Records Council (GRC): File a complaint with the GRC, a state agency that adjudicates OPRA disputes. The GRC process is free, does not require an attorney, and typically takes 3–6 months. If the GRC finds a violation, it can order the agency to produce the records and may award attorney's fees.
2. Superior Court: File an action in lieu of prerogative writs in the Law Division of the Superior Court. Court proceedings are faster than the GRC but require filing fees and, typically, an attorney. If you prevail, the court may award attorney's fees under N.J.S.A. 47:1A-6.

The attorney's fee provision is one of OPRA's most powerful enforcement tools — it incentivizes agencies to comply and enables requestors to find attorneys willing to take cases on a contingency basis.