Dear MCANJ Members-

We wanted to let you know that the 12 Noon Lunch & Learn being sponsored by the NJLM on June 11^th 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 is required. Click Here to Register!

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