HomeMy Public PortalAboutr 19-185Andution of #4e jgozuug4 of Carteret, N. JC
419 -187 Date of Adoptio November 7, 2 019
RESOLUTION CALLING FOR STUDY COMMISSION
TO REVIEW THE OPEN PUBLIC RECORDS ACT
WHEREAS, The Borough of Carteret strongly believes in and supports open transparent
government, and that citizens and residents have the right to be informed about the
workings of government in order to best participate in a democracy; and
WHEREAS, on January 8, 2002 then Acting Governor DiFrancesco signed into law the
Open Public Records Act (OPRA) which mandates that government records shall be
available with limited exceptions, for public access and simplifying the procedures for
requesting such specific records; and
WHEREAS, the intent of the law was to provide the public with easy access to
government records with an uncomplicated process for obtaining the records and
eliminating bureaucratic red tape; and
WHEREAS, over the course of 18 years OPRA has been a positive light, but it has also
been fraught with abuse and misuse, and has become an unanticipated financial cost to
the taxpayer of New Jersey, and
WHEREAS, The Borough of Carteret has labored under a well- intended law that has
spiraled out of control, due to the volume and nature of requests, the cost to taxpayers in
responding to the requests, and the potential liability in having to pay disproportionate
prevailing party attorney's fees should the requests turn into litigated matters, as well as
the liability in determining which documents shall be released, with or without redaction,
while attempting to maintain individual privacy; and
WHEREAS, it is not only the volume of OPRA requests that challenge our resources but
it is also the cost associated with reviewing, retrieving, and processing the OPRA
request(s) by public entity personnel and counsel and possibly defending our action(s)
before the Government Records Council or in Superior Court; and
WHEREAS, The Borough of Carteret received and responded to 431 OPRA requests in
2017, 500 OPRA requests in 2018, and to has received and responded to 533 OPRA
requests as of November 5, 2019; and
WHEREAS, The Borough of Carteret municipal staff has spent well over 550 hours
responding to OPRA requests in 2019 to date.
WHEREAS, due to the often conflicting case law and Government Record council
decisions, as well as the unique characteristics of OPRA requests, the Borough of
Carteret must often times rely on the municipal attorney to review certain OPRA
requests, resulting in significant additional costs to respond to the many and variant
OPRA requests.
WHEREAS, with limited exceptions OPRA has not been amended to address the clear
and apparent advancement in technology that has changed the way government records
are created, stored, and /or transmitted; the various interpretive decisions, privacy
concerns; abuse for commercial gain; and /or ever increasing costs to taxpayers; and
WHEREAS, the current law approaches it twentieth (20 ") anniversary it has outgrown
its original intended use and has become ripe for comprehensive review and reform;
NOW, THEREFORE BE IT RESOLVED that the governing body of The Borough of
Carteret appeals to the legislature to form a Commission composed of Mayors, Municipal
Clerks, Municipal Managers, Attorneys, Police Chiefs, open government advocates,
privacy experts, members of the media, citizens and other appropriate stakeholders, to
review and examine the effects of OPRA on local government and the needs to be
NO. #19 -187
fulfilled by the law, and use the Commission's findings to perform a comprehensive
reform of OPRA; and -
BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to
Assemblywoman Yvonne Lopez, Senator Joseph Vitale, Assembly Speaker Craig
Coughlin, Senate President Steven Sweeney, Senator Weinberg, Executive Director of
the Government Records Council, Honorable Phil Murphy, Governor of the State of New
Jersey, The Municipal Clerks' Association of New Jersey and New Jersey State League
of Municipalities.
Adopted this 7 th day of November, 2019
and certified as a true copy of the
original on November 8, 2019.
CARMELAPOGORZELSKI
Acting Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.D.
COUNCILMAN
YES
NO
NV
A.D.
BELLINO
X
JOIJAL
X
X
DIAZ
X
KRUM
DIMASCIO
X
MAPLES
X
X- Indicate Vole
AD- Absent NV -Not Voting XOR- indicates Vote to Overrate Veto
Adopted at a meeting of the Municipal Council
No ember 7,
t1
2019
Acting Municipal` - Clefk ,..