OPRA requires public agencies to respond within 7 business days of your request. (Tip: Begin counting the first business day after you filed the request). A public agency must respond within 7 business days and either: 1) Produce responsive records; 2) Tell you that access is being denied and reason for the denial; or 3) Ask for an extension of time to respond.
But what do you do if the government fails to respond (a deemed denial) or denies access to a record that you know is not exempt?
The best course of action is to immediately speak to an attorney, who can work with you to gain access to the ...
We close Sunshine Week by featuring Jennifer A. Borg, Esq.
Ms. Borg is General Counsel and Vice President of North Jersey Media Group, publisher of The Record. She is a recognized authority in First Amendment and open governance matters, particularly as they affect newspapers, and has recently served as Chair of the New Jersey Press Association. She also has litigated numerous OPRA lawsuits with successful results. Ms. Borg was featured in the ABA Journal (July 2014) for her expertise in OPRA and public records access issues. Pashman Stein regularly serves as co-counsel with North ...
Published in New Jersey Corporate Counsel's Newsletter, December 2014 Issue
Those who frequently litigate are aware that the discovery process often involves numerous components, including interrogatories, document demands, subpoenas, depositions, and requests for admissions. In addition to these traditional tools, New Jersey offers an additional discovery mechanism that is often overlooked: the Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1, et seq. When a dispute involves a public agency, public property, or public resources, OPRA can be an important ...
When a dispute involves a public agency, public property, or public resources, the Open Public Records Act (OPRA) can be an important information gathering tool, whether a lawsuit has already been filed or a party is simply gathering facts necessary to draft the complaint and initiate the litigation. Thus, OPRA is frequently used as a litigation tool by those who do business with public agencies or those who purchase or lease public property, such as construction companies and real estate developers.
Our courts have found that it is perfectly acceptable to use OPRA in lieu of written ...
