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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 ,..