I’m Fed Up! with how The Open Public Meetings Act is being used. That’s the law approved by the NJ Legislature in October, 1975 and in place and reportedly effective since Jan. 19, 1976. Is abused daily, at all levels of the government … from school halls … to the halls of the state house. A law created to provide transparency is used to cloak the business of the people in secrecy … from the people.
It was enacted because taxpayers were getting a bit cynical about politics in general, distrust in government and the closed door deals that rather enabled government bodies at all levels to keep secrets from the people who pay their salaries.
Known as OPRA, or the more familiar Sunshine Law, it was designed to be sure all government meetings were held in the open, consistent with public interest but not invading individual privacy.
It’s better than it was before the Sunshine Law, but make no mistake about it. It still continues to be abused every day at all levels of government.
In connection with OPRA, the Government Records Council was also established and given directions to respond to inquires and complaints about the law and to issue advisory opinions and ensure training of all government employees at all levels. It also holds meditations when there are disputes about what is allowed to be released and what can’t be, and issues rulings rather than bringing the matter to court.
It’s used at all levels of government. And it’s abused at all levels of government.
Of course there are exemptions to the law…27 of them. No one has the right to seek credit card numbers, social security numbers, or military discharge records.
Records within an attorney-client privilege status are also not open under OPRA. Neither are emergency or security information of procedures for any buildings or facility if they would jeopardize the security of the building. In actuality, there are really more than 27 exemptions. Because the last exception in New Jersey indicates that if something is exempt from the law in another state, well, it’s added to the list of exemptions here as well.
With such a long list they don’t have to show, wouldn’t you think it would be easy to show the public most of the things they ask for?
Well, that doesn’t happen either. Clerks at all levels have gotten creative in how they can deny a person’s right to information without actually denying it.
First they will tell you you’re not filling out the proper form. Not so. But it’s up to you to read the law and find out you don’t have to fill out any specific form, you simply have to be sure all the needed information is on it, name, address, specific piece of paper or record you want, and how you want to receive it.
Then they might tell you you have to be more specific in your request. So you try again with different wording. And again and perhaps again one more time.
They might tell you they don’t have the records available yet and you’ll have to wait. That isn’t so either. The law makes it clear you have the right to expect to receive what you’re asking for within seven business days.
As government employees continue to abuse OPRA, more complaints and legal actions against those abuses are resulting in more decisions in favor of getting the public more rights to know.
All Levels of Government
Writing to the Monmouth County Library Commission, for instance, resulted in a complete disregard to the request for minutes. Simply not answered.
It’s a county commission, a legitimate request, and something easy for a clerk to provide. Better yet, it could be information included on the Monmouth County Library site … But it isn’t. Why make life easy for the common serf?
The general public has no idea what happens at county library meetings.
Or take a series of requests to Highlands. I requested contracts and the costs of them; it was delayed for some reason. So I waited and then asked why I didn’t get it. It was delayed. Eventually, the Clerk provided some, not all the requested documents … and then closed the OPRA Request.
So I filed another request … again …the Clerk provided some, not all the requested documents … and then, once again, prematurely closed the OPRA Request.
Thanks to a willing administrator … I made an appointment went to Borough Hall, and not only did I receive some more of the records I requested, but also viewed some more records of interest I had not requested. Alas …as of this writing… I am still waiting for a number of items that have not yet been released.
The borough clerk in Atlantic Highlands is the most amenable and agreeable of all, doing her due diligence work and providing responses sometimes within the hour, sometimes within a day. But she always responds. Unless, of course,it’s a please for executive session minutes …
Think about that. Think about the number of times you’ve seen a governing body go into executive session to discuss specific things in private. In Atlantic Highlands, the St. Agnes School property for instance. Three and a half years of discussions and questions at council meetings, more than 30 executive sessions.
No minutes.
Why?
Those minutes cannot be released unless it is no longer necessary to keep them confidential. In this case, probably since the negotiations with the school owners and the borough are apparently still ongoing, what is said in secret must be kept secret. Let’s wait to see what happens when OPRAs are requested after all is done and over.
For that matter, have you ever seen the minutes of any executive session of County office? Ever?
More I’m Fed Up!
