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# Records Requests & Management

NJ OPRA Reform Bill S2930: Learn How CivicPlus® Can Help

Authored by Civic Plus Logo

CivicPlus

September 3, 2024
5 min

The New Jersey (NJ) Open Public Records Act (OPRA) “Reform Bill” S2930 has many NJ public agencies working to modify their OPRA request practices. Starting September 3, 2024, agencies may begin to respond to public records requests under the state’s updated public records request process set forth by S2930.

Updating your agency’s OPRA request practices is a lot to ask on such a tight timeline, but the good news is you’re not alone. CivicPlus® is here to help you by:

  • Providing time-saving tips for adapting your agency’s OPRA request practices to meet the September 3, 2024 compliance deadline.
  • Offering a secure, reliable, and cost-effective technology solution purpose-built to streamline agency OPRA request workflows while easing the burden of compliance.

Following are answers to frequently asked questions (FAQs) about the bill.

What Is the OPRA Bill in NJ?

The OPRA Bill in NJ is a state law governing public access to government records. The law enacted in 2002 was reformed on June 5, 2024 when Governor Phil Murphy signed S2930, mandating NJ public agencies comply with new provisions by September 3, 2024.

Next, let’s explore the impact of some of those new provisions, keeping in mind that the current OPRA requirements will stay in place until the September 3 deadline. Any OPRA requests made with your agency before that date will follow the existing rules.

NJ OPRA Bill: 2024 Reform Impact on Public Agency Practices

Among its many stipulations, the NJ OPRA Reform Bill S2930:

  • Allows longer timelines and special fees for commercial requests that use government records for sales, commercial solicitation, rents/leases, services, or any other activity that may result in a profit. What constitutes a commercial request is defined and limited by the act.
  • Requires requesters to narrow the scope of “any-and-all” types of OPRA requests for communications.
  • Includes new exemptions and redactions regarding autopsy records, security alarm system activity, detailed cost estimates before bid opening, and various types of personally identifiable information.
  • Protects your agency from litigation when you and your team have done your due diligence to answer an OPRA request.
  • Requires the use of a standardized OPRA request form established by the Government Records Council.
  • Encourages accessibility to records by making records less than 24 months old available via an agency’s website.
  • Makes changes to the Government Records Council (GRC).

CivicPlus always recommends you check with your legal counsel on compliance matters, as we understand compliance with the new provisions may require modifications to your agency’s OPRA request practices, including but not limited to:

  • Tracking separate timelines for the commercial requests that make up such a large percentage of the OPRA requests your agency receives.
  • Itemizing your invoices for greater transparency in fees.
  • Obtaining and requiring additional information from requesters.
  • Ensuring new exemptions and redactions are implemented accurately.
  • Establishing comprehensive request audit trails to prove due diligence efforts.

Many NJ public agencies currently manage their OPRA requests manually on spreadsheets or with case management software. While these systems may have sufficed in the past, they might not accommodate the varying treatment of requests under NJ OPRA Reform Bill S2930.

A Better Way

CivicPlus’ NextRequest technology is a solution purpose-built to streamline agency OPRA request workflows while easing the burden of compliance with federal and state public records laws, including the NJ OPRA Reform Bill S2930. NextRequest makes modifying your agency’s OPRA request practices for compliance with the new provisions simple by being user-friendly and easy to configure.

Workflows can be customized so your agency can:

  • Manage and track different request types and their timelines separately.
  • Send invoices inclusive of all relevant fees.
  • Collect and require additional information from requesters during the OPRA request submission process.
  • Identify and redact social security numbers (SSNs), emails, phone numbers, and other personally identifiable information manually or using automated batch redaction.
  • Maintain clear and detailed request audit trails, complete with communications and document production and delivery for proof of compliance.
  • Make any records available online for the public’s immediate access, preventing a request before you receive one.

Wait… How Many Days to Respond to an OPRA Request in NJ?

Until September 3, 2024, NJ public agencies are required to respond to requests “as soon as possible,” ensuring requesters receive a response within seven business days of submitting a complete request.

After September 3, 2024:

  • Non-commercial timeline – The seven-business-day deadline to provide records is retained for standard OPRA requests. However, this deadline is extended by as long as two weeks for fire districts with one or fewer full-time employees processing requests.
  • Commercial timeline – As for commercial requests, agencies are afforded an additional seven days to respond, again allowing two weeks in total, unless the commercial requester pays twice the fee for receipt by seven days.
  • If Daniel’s Law redactions are required – The deadline is extended by as long as two weeks.

Streamline Your OPRA Practices While Easing the Burden of Compliance

Despite seemingly giving NJ public agencies some breathing room on turnaround times, adopting the right technology solution is still vital to ensure time frames for access are met — especially during a presidential election year when OPRA requests tend to surge.

At the same time, funding can be a challenge. CivicPlus solutions scale by budget, affording right-fit flexibility to accommodate your specific needs. In addition:

  • The State of New Jersey has previously authorized grant funds to increase the electronic accessibility of government records covered by OPRA.
  • The NJ OPRA Reform Bill S2930 appropriates $10 million to the Department of Community Affairs: $4 million for a grant program to help local governments make records available electronically and $6 million to the GRC.
  • Grants also can be utilized to support shared services agreements for joint use of technology solutions like NextRequest across multiple agencies in your community.

The time to implement a secure, reliable, and cost-effective technology solution purpose-built to streamline agency OPRA request workflows while easing the burden of compliance is now. Take the first step and view a demo of CivicPlus NextRequest software today.

The information provided in this blog post regarding the recent modification to the New Jersey Open Public Records Act under “Reform Bill” S2930 is intended for informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, this blog post is not a substitute for professional legal consultation. The application and interpretation of laws can vary based on individual circumstances and jurisdictions. Readers are encouraged to seek the advice of a qualified legal professional to address their specific legal needs and to ensure compliance with applicable laws. The author and publisher disclaim any liability for actions taken based on the information contained in this blog post.

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Authored by Civic Plus Logo

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