New Jersey’s Open Public Records Act (OPRA) gives residents powerful tools to access government information. Here’s how to use them effectively.

What is OPRA?

The Open Public Records Act (N.J.S.A. 47:1A-1 et seq.) establishes the public’s right to access government records. It’s based on a simple premise: government records belong to the people.

What You Can Request

Almost any government record is accessible, including:

  • Email correspondence
  • Meeting minutes and agendas
  • Contracts and purchase orders
  • Budget documents
  • Personnel files (with some redactions)
  • Inspection reports
  • Geographic data and maps
  • Surveillance footage

What’s Exempt

Limited exemptions protect:

  • Ongoing criminal investigations
  • Attorney-client privileged communications
  • Personnel privacy matters
  • Security plans
  • Trade secrets
  • Inter-agency or intra-agency advisory materials

How to File an OPRA Request

1. Identify the Custodian

Each government entity has a designated records custodian. For:

  • Municipalities: Usually the Municipal Clerk
  • Counties: County Clerk
  • State agencies: Each agency designates its own custodian

2. Be Specific

Vague requests can be denied. Instead of: ❌ “All emails about the Main Street project”

Try: ✅ “All emails sent or received by the Mayor between January 1, 2023 and March 31, 2023 containing the words ‘Main Street reconstruction‘“

3. Use the Right Form

Most agencies provide OPRA request forms. Key elements:

  • Your name and contact information
  • Clear description of records sought
  • Preferred format (PDF, Excel, etc.)
  • Date range if applicable

4. Submit It

You can typically submit via:

  • In-person at agency office
  • Email to records custodian
  • Mail (certified recommended)
  • Online portal (like OPRAmachine.com)

Response Timeline

Agencies must respond within 7 business days with either:

  • The records
  • A date when they’ll be available (must be reasonable)
  • Denial with legal justification
  • Clarification request if your request is unclear

Fees and Costs

What Agencies Can Charge

  • Copies: Up to $0.05 per page for letter or legal size
  • Special service charge: Actual cost if request requires “extraordinary expenditure of time”
  • Postage: Actual mailing costs

What They Cannot Charge

  • Staff time for locating and redacting (unless truly extraordinary)
  • Conversion to electronic format if they maintain records electronically

If Your Request is Denied

1. Ask for Written Explanation

The custodian must cite the specific OPRA exemption and explain how it applies.

2. File an Appeal

Within 45 days, you can file with:

  • Government Records Council (GRC) - Free mediation
  • Superior Court - More formal but potentially expensive

3. Seek Qualified Attorney

If you prevail, you may recover attorney’s fees.

Tips for Success

Be Patient but Persistent

  • Give reasonable time for complex requests
  • Follow up if you don’t hear back
  • Document all communications

Build Relationships

  • Be professional and courteous
  • Understand resource constraints
  • Work collaboratively when possible

Start Small

  • Begin with simple requests to learn the process
  • Expand to more complex requests as you gain experience
  • Don’t overwhelm agencies with massive requests

Use Technology

Tools like OPRAmachine can help you:

  • Track request status
  • Access previously released records
  • See what others have requested
  • Automate follow-ups

Common Use Cases

Investigative Journalism

Reporters use OPRA to uncover:

  • Government spending irregularities
  • Public safety concerns
  • Environmental violations
  • Political conflicts of interest

Citizen Advocacy

Residents request records to:

  • Monitor local development projects
  • Review school board decisions
  • Track police activity
  • Understand budget priorities

Business Intelligence

Companies seek information about:

  • Competitor government contracts
  • Zoning and land use decisions
  • Infrastructure projects
  • Regulatory compliance

Academic Research

Researchers analyze government data for:

  • Policy effectiveness studies
  • Historical documentation
  • Geographic analysis
  • Demographic trends

Red Flags: When to Push Back

Improper Denials

Watch for:

  • Vague exemption claims
  • Delays without explanation
  • Excessive fees
  • “Lost” records that likely exist

Bad Faith Indicators

  • Records “accidentally” destroyed after request
  • Unreasonable redactions
  • Duplicate requests for clarification
  • Retaliation against requesters

Real World Example

Request: Police department’s use of force policy and training records

Initial Response: Denied as “security information”

Appeal: Argued that general policies don’t compromise security

Outcome: GRC ordered release with minor redactions for specific tactical procedures

The Bigger Picture

OPRA requests serve democracy by:

  • Preventing corruption through sunlight
  • Informing voters about government actions
  • Enabling accountability for public officials
  • Empowering communities to participate in governance

Your Rights are Real

Government officials may discourage requests, but remember:

  • You don’t need to explain why you want records
  • You have a legal right to this information
  • Retaliation is prohibited
  • Free legal help is available

Resources

Official Sources

Tools

Get Started Today

The more people exercise their OPRA rights, the more transparent and accountable government becomes. Your request matters.

Have questions about filing an OPRA request? Contact me - I’m always happy to help fellow transparency advocates.

Gavin Rozzi

About Gavin Rozzi

Digital Transformation & Civic Technology Executive building data-driven platforms that turn policy into impact. Experienced in React, TypeScript, Next.js, and modern government technology solutions.

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