New Jersey
What’s next for OPRA? NJ Legislature has not resurfaced ‘reform’ bill on public records
3-minute read
Teaneck resident has filed hundreds of OPRA requests
Elie Jones has won a legal battle against Teaneck over hundreds of OPRA requests he filed.
Michael Karas, NorthJersey
After being fast-tracked two months ago, a bill that would gut access to public records hasn’t returned to the calendar in either chamber of the New Jersey Legislature.
Introduced in early March, the bill — sponsored by state Sen. Paul Sarlo, D-Bergen, — cleared his budget committee one week later, but not before dozens of advocates spoke out against the bill and what it would do.
It was then pulled from the agenda for the Assembly Appropriations Committee just minutes before it was set to start.
Where is the bill now?
Many expected the bill to turn back up, especially after state Senate President Nicholas Scutari said in March he thought that by mid-April the Legislature will take up the bill, with “mostly clarification amendments.”
The state Senate president also said the Legislature is “going to try” to make the amendments available for viewing before they are heard in committee.
“Those amendments are being worked on as we speak, and they’re bicameral and bipartisan, so both sides of the aisle and both houses are coming up with things that are going to satisfy both, and I think you’re going to see the bill overwhelmingly pass,” Scutari said.
That bipartisan support shows in the addition of Republican sponsors in both chambers — state Sen. Anthony Bucco in the upper chamber and Assemblywoman Victoria Flynn in the lower chamber.
Sarlo had said in an interview at the end of March that he’s “made it clear. If we don’t get this done by the first week of April, I gave it a great shot and we’ll probably table it for another 20 years.”
The proposed legislation didn’t show up in either chamber in April — but attention hasn’t waned for advocates. OPRA was at the forefront of an event at Rider University on Tuesday and was a topic at a Garden State Initiative forum on Wednesday. Neither Sarlo nor lower chamber sponsor Assemblyman Joe Danielsen appeared at either event.
Organizers of the Rider event said that Sarlo had been invited but declined due to scheduling conflicts on Tuesday.
Bucco and Flynn were present during the Garden State Initiative event in New Brunswick Wednesday.
Requests for comment about the status of the bill and possible amendments to Sarlo and Danielsen went unanswered.
Bucco said in a statement he joined as a sponsor on the bill because he believes “our state’s current OPRA law allows New Jerseyans to play a significant role in our democratic process and that government transparency is of the utmost importance” but that “there have been bad actors who aim to benefit financially from bad-faith OPRA requests that exploit the system.”
He went on to say that there are there are people posting videos of young women on social media and “private businesses attempting to gain potential consumer information” which leads to an “unnecessary burden on municipal and state staff” and that it’s his “goal to prevent such exploitation without limiting legitimate access to public records by the press or others.”
Bucco also said that he wants to “ensure requestors who win OPRA lawsuits get reasonably compensated when government agencies unreasonably deny legitimate access to documents.”
NJ open records law could be gutted: Here’s what NorthJersey.com has unearthed using OPRA
What would the bill do?
In its current form the bill, creates exemptions for access to email and call logs, dog license information, email addresses and even digital calendars. Requests for email would need to include a “specific subject matter” and “discrete and limited time period” as well as a specific person, instead of a title or government department.
The bill would also ban the release of metadata, which is the information about when an electronic file was created and who created it.
Requests that an agency thinks could lead to “harassment” could be denied, and an official OPRA request form would need to be used. One of the most noted changes would be to the policy regarding attorney’s fees in the event of a lawsuit.
Requesters who win OPRA lawsuits “may” be entitled to legal fees if the public agency is found to have knowingly violated the law or unreasonably denied access.
The legislation was first enacted in 2002 and requires local, county and state government entities to provide the public with access to government records in New Jersey.
Gov. Phil Murphy would not comment on the specifics of pending legislation during a regular “Ask Governor Murphy” segment on WNYC in March but did say he thought OPRA needed to be tweaked, given the way that technology has changed in the years since it was implemented, and that he’s heard anecdotally about concerns regarding commercial use of the process.
“We are all in on transparency,” he said. “I would think if you get something that would address some of the things I just mentioned in a fair way that doesn’t undermine transparency, that’s something that I’m open-minded to … I haven’t seen anyone with nefarious behavior here. I think there are people who are legitimately trying to address some issues with the system, but we are all in on transparency most importantly. Period. Full stop.”
Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com
New Jersey
Isolated snow showers, wind gusts up to 35 mph in N.J. forecast for Sunday
Rain will continue through tonight across New Jersey before a cold front passes through Sunday morning, followed by wind gusts up to 35 mph and the chance of isolated snow showers.
The heaviest rain tonight is expected along the southern portions of the state where 1 and 1.5 inches rainfall totals are possible, according to the National Weather Service.
Most other areas of New Jersey should receive around 1 inch of rain, with the northwest portions of the state picking up 0.5 to 0.75 inches.
Once the rain ends between 6 and 9 a.m. Sunday, conditions should remain cloudy and foggy until a cold front passes through late Sunday morning into early Sunday afternoon.
Temperatures will drop into the upper 30s to low 40s Sunday morning as cold air moves in behind the first cold front.
A secondary cold front will cross New Jersey late Sunday afternoon accompanied by a period of rain and snow showers.
The isolated snow showers are possible mainly from 7 to 11 p.m., the weather service said. Snow accumulations are not expected in New Jersey.
Winds of 15 to 20 mph on Sunday afternoon are expected to increase to 25 to 35 mph by sunset.
Monday’s forecast calls for mainly clear skies with temperatures in the upper 30s to low 40s and winds gradually diminishing.
Tuesday will be milder with above-normal temperatures and mainly clear to partly cloudy skies, with a slight chance of some rain showers possible.
Wednesday’s temperatures will remain above normal with partly cloudy skies and a slight chance of rain showers as a cold front approaches from the west.
A potential coastal storm could impact New Jersey with snow on Thursday and Friday, though significant uncertainty remains regarding the exact track and timing of the system, the weather service said.
Some forecast models suggest a significant winter storm while others indicate the system will remain offshore.
A colder air mass is forecast to move into New Jersey by late next week and into the following weekend.
Current weather radar
New Jersey
NJ officers surprised with Eagles playoffs tickets for saving boy who fell through ice
Officers in Gloucester County, New Jersey, got a big surprise on Friday morning.
A representative from Dunkin’ gave them free tickets to this weekend’s Eagles playoff game as a huge thank you for their courageous actions last weekend.
It was a tense scene in Woolwich Township when officers used ropes and went into a frozen body of water to save a child who had fallen through the ice.
“As soon as he started screaming that he couldn’t feel his hands, I just went out there and tried to go get him,” Sgt. Joseph Rieger said. “Immediately thought of my own son and what I would have done with my own son- just go out and get him as soon as I could.”
The boy was screaming and was not able to grab onto the rope that the officers had thrown to him.
“I try to get him the rescue rope but he can’t hold it because his hands aren’t working. So I go to grab him out of the awter and we both go into the water. So I was able to stand up and throw him on top of the ice and start breaking my way back,” Rieger explained.
The team was able to get the 13-year-old out of the frozen water with no one getting hurt.
Then, Dunkin’ showed up to the police department for Law Enforcement Appreciation Day and praised their actions by giving them tickets to Sunday’s Eagles playoff game against the 49ers.
“This is my job. It was what I signed up to do so getting this kind of attention, I’m not used to it. I’m very appreciative and very excited,” Rieger said.
The officers said that if there’s anything to take away from this story, it’s to stay off of the ice.
Thankfully, the boy they saved is doing just fine and stopped by the police department earlier this week to thank them.
“It was awesome. It was nice to see that he was safe. He learned his lesson. He was very appreciative,” Rieger said.
New Jersey
Police investigate fatal stabbing in Mercer County
EWING TWP., N.J. (WPVI) — Police are searching for a suspect who fatally stabbed a man in Mercer County, New Jersey.
It happened around 5:20 p.m. Thursday on the unit block of New Hillcrest Avenue in Ewing Township.
When police arrived, they found a 40-year-old man lying in the street with several stab wounds to the torso.
He was transported to Capital Health Regional Medical Center, where he later died.
The victim has been identified as Jimmy Chase from Philadelphia.
So far, no arrests have been made.
Anyone who has any information on this case is asked to call Mercer County detectives at 609-989-6406.
You can also submit an anonymous tip online at MercerCountyProsecutor.com.
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