Gov. Phil Murphy (D-NJ) signed a law Wednesday that will revamp New Jersey’s Open Public Records Act, to the chagrin of those who say it will make government less transparent and enable corruption.
The governor used a “signing statement” to justify his choice to finalize legislation NJ S2930 (24R), saying the act needed changes after going without an update for 22 years. Murphy has acknowledged the controversy over the bill.
“I want to acknowledge that I know that this decision will disappoint many members of the advocacy community, including a number of social justice, labor, and environmental organizations, among others,” Murphy wrote.
“Perhaps the most troubling concern that I have heard is that signing this bill will both enable corruption and erode trust in our democracy,” he noted.
The largest problem detractors have with the bill is that it will end “fee shifting,” in which governments pay the “reasonable” legal costs for any requester who successfully challenges a records denial in court. Instead, it will leave the action up to a judge, who would only award the costs if the denial was in “bad faith.” Sarah Fajardo, policy director of the American Civil Liberties Union of New Jersey, called the bill’s signing “shameful.”
“The public opposition to S2930/A4045 was a powerful display of democracy at its best — advocates, stakeholders, and 81% of voters from across the ideological spectrum made it clear that New Jersey should be strengthening government transparency, not undermining it in backroom deals,” Fajardo said.
“It’s shameful that despite overwhelming concerns from their constituents, lawmakers fast-tracked, and the governor signed, a bill that severely restricts access to government records and limits the public’s ability to hold elected officials accountable. But we know that voters will have the last word at the ballot box next year — and maybe then Legislators will remember who they are meant to serve,” she added.
Some other stipulations in the law include barring access to most metadata in government files, barring those from distributing any media containing “any indecent or graphic images of the subject’s intimate part” without their consent, and requiring requesters to be more specific when searching for emails and other communications from government officials.
Murphy also acknowledges the bill’s likely subpar timing, months after Sen. Bob Menendez (D-NJ) was indicted on corruption charges. He is fighting the charges in his trial while running as an independent for his reelection bid.
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“New Jerseyans across the political spectrum feel deeply betrayed and outraged by the serious allegations that our senior United States Senator accepted bribes from a foreign government,” Murphy said, referencing Menendez.
The bill comes after several other moves that New Jersey’s government has made to protect government officials’ privacy. Lawmakers recently made it so they don’t have to list their own homes or second homes unless they earn money from renting them out. Another law, “Daniel’s Law,” signed in the wake of the murder of a judge’s son, redacted the addresses and phone numbers of judges, law enforcement officials, and others.