Good afternoon MCANJ members,
Typically, MCANJ membership renewal begins July 1st but we might be slightly delayed, as we are switching over to a new payment processing system, which will not only allow us to continue with accepting credit card payments but will now allow e-checks. Please do not renew your membership now. You will receive an email with instructions as to when the membership renewal will be open and how to renew. REMEMBER!!! You will need to log into the website using your 4-digit membership ID number you received this time last year.
Thank you for your cooperation.
MCANJ Website Manager
WebsiteManager(a)MCANJ.US
Dear MCANJ Members-
We wanted to let you know that the 12 Noon Lunch & Learn being sponsored by the NJLM on June 11th has reached capacity. The NJLM is offering a second presentation at 3PM on Wednesday, June 11th as well. When you register on the link for the Noon presentation you will automatically be enrolled now into the 3PM presentation. While the session is free, advanced registration<https://www.njlm.org/FormCenter/Legislative-Briefings-20/Lunch-Learn-OPRA-M…> is required. Click Here to Register!<https://www.njlm.org/FormCenter/Legislative-Briefings-20/Lunch-Learn-OPRA-M…>
These are some highlights of the bill:
* Attorney fees are now “may” instead of “shall” except if the public agency was determined to have unreasonably deny access, acted in bad faith, or knowingly and willfully violated OPRA than attorney fees are mandatory
* Records custodians are no longer personally fined. The Fine is with the public agency.
* Implements the recommendations of the Privacy Study Commission including:
* Any personal email address required as part of government application, service, or programs
* Portion of the document that discloses the personal identifying information (name, email, primary telephone number, primary & secondary home address) of any person provided to the public agency for the sole purpose of receiving official notices
* Any portion of the document that discloses debit card number, bank account information, month and day of birth
* Expands exemptions to include records such as metadata, owner and maintenance manuals, and limits public buildings security alarm system activity and access reports including video footage.
* Fulfills an OPRA request by providing the requestor with a link to the documents on the website. Does provide an option for the requestor to have the documents printed but the fee is doubled ($0.05 to $0.10 and $0.07 to $0.14/ page)
* Do not have to establish special service charges in advance by ordinance.
* Custodian must convert the record to the medium or format requested if the medium or format is available to public agency and does not require a substantial amount of manipulation or programming or the services of 3rd party vendor. Can charge a fee. But if it requires a substantial amount of manipulation, programming, or service of 3rd party vendor the custodian is under no obligation to covert.
* Provides path to address abuses through Superior Court.
* Permits anonymous request but they cannot file a denial without disclosing their identity.
* Changes the composition of the GRC and their processes.
* The custodian shall grant access to a government record or deny a request for access to a government record as soon as possible, but not later than 7 business days after receiving the request , or 14 business days to fulfill commercial requests/compliance with Daniels Law & the custodian advises the requestor of the additional time.
* The request shall not be considered submitted until it is received by the Custodian of Records.
* If your agency did not create a requested document, it is not required to produce it and you would direct the requestor the to appropriate agency to obtain it.
* The custodian shall not be required to complete an identical request for access to a government record from the same requestor if the information has not changed (Requestor can file a periodic request regarding regularly updated public records including but not limited to certified payrolls, permits and licensing applications.)
* New requirements and penalties for releasing video and photos of individuals without consent.
Please do not rely on news accounts and social media coverage of the bill because unfortunately there has been a lot of misinformation these past few months and days as to what the bill entails which has been unfortunate. The June 11th presentation will provide a complete update of the new OPRA reform and additional learning opportunities will be provided over the next few months prior to the bill being taking effect.
Thanks!
Michele Bobrowski, MCANJ President & Kim Marie White, MCANJ Past President/MCANJ OPRA Liasion
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Good evening, Members of MCANJ:
I wanted to let you all know that we have received word that Governor Murphy has signed the OPRA Reform bill this afternoon. This is a huge moment for Municipal Clerks in New Jersey who have been fighting for this change for years. MCANJ fully supports the principled public policy foundation of OPRA, including transparency in local government and the right of residents to be fully informed about municipal operations. However, the law has been regularly perverted in a manner that severely has diminished the noble purpose for which it was adopted and OPRA reform was essential to save the OPRA law from itself.
As Municipal Clerks, what we and our Association have brought forth to many of our elected Officials over the last several years is our personal experiences and data from the Municipal Clerks who hold a unique position on the front line of handling OPRA, and this has been an effective tool to convey the significant problems and abuses that occur when it comes to OPRA. Our Association was involved in a significant Amicus Brief in 2022 that has played a significant role for our Association. It’s been our front-line experiences that have brought us twice before the Supreme Court and won because it’s fact and data based and it’s that experience that other organizations have asked us to share when it comes to them fighting OPRA as well.
In New Jersey, the Municipal Clerk occupies one of the most important and exacting positions in municipal government. In many instances, it is the hub of municipal operations. The Municipal Clerk, by virtue of his or her position, serves as a liaison officer between the governing officials and the taxpayers and between the executive and the general body of municipal personnel. The Municipal Clerk is an important public relations figure in municipal personnel. We do not have 9 to 5 jobs. Many of us find ourselves working 24 hours a day/7 days a week to ensure our work gets done because as the hub of municipal operations you never know what awaits you when you walk through your door each morning and one matter, inquiry, or assisting the public can take up a good part of your day.
The current OPRA Reform bill is not reinventing the wheel, it’s requests that have been sent to our State Representatives since 2019 with the same needed reform nor is it that of cries from municipal employees who do not want to do our jobs. That could not be farther from the truth. As municipal employees we develop community bonds with our residents by working on the front lines. We talk to them when they come into the office, ask how their family is doing, and catch up with them. If a resident is looking for a record pertaining to the Municipality, we are going to go out of our way to get them that document, it’s their document as a taxpayer. But, when commercial entities are constantly emailing OPRA requests looking for the latest list for dogs licensed that month, inground pool permits issued, solar roof permits issued, etc. it causes our residents to not want to license their dog, comply with permits, or interact with the Municipality because they don’t want their information released to the public.
This bill is not impeding one from filing an OPRA request or preventing one from getting the records they are requesting as it's been reported in the news. This bill delivers much needed reform to allow OPRA to continue the way it was properly intended. Though the bill is not perfect, it’s a step in the right direction and we recognize that there can never be a one size fits all when it comes to OPRA.
IMPORTANT TO NOTE:
1. The OPRA Reform Bill does not take effect until 90 days from today which we are being told will be after Labor Day.
2. The NJLM will be hosting a Lunch & Learn of the new OPRA Reform Bill, Tuesday, June 11th- More details will be announced and additional trainings will be made available.
3. You must continue to handle OPRA Requests until September 4th as you currently do.
4. Municipal Clerks are going to be challenged by advocates-remain vigilant these next few weeks and stay strong.
Thank you to everyone who has reached out to your elected officials, shared your stories and experiences of OPRA-it's only going to get better from here on out! We will get there one step at a time!!!
As we learn more from today's bill signing, we will share it with our members.
President Michele Bobrowski & Past President Kim-Marie White (MCANJ OPRA Liaison)
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