Bill gives public access
to government records

Acting Gov. Donald T. DiFrancesco signed the landmark Open Public Records Act Jan. 8, greatly increasing public access to state government records. The signing marked the last legislation DiFrancesco signed as acting governor.

"I’m here to sign the last bill of my tenure as acting governor," DiFrancesco said. "This bill is about access and what government should be: Open government. Government of the people.

"This bill is truly unprecedented and historic. It throws open the door of government like we’ve never done before by affirming the public’s right to access virtually all government records.

"What’s more, it establishes a temporary commission to make recommendations on the issues of privacy that arise as this legislation takes effect. It is a victory for freedom of the press, for the rights of all citizens, and for the very process of democracy," DiFrancesco said.

A-1309/S-866, sponsored by Sen. Robert Martin (R-Essex/Morris/Passaic) and Assemblymen George Geist (R-Cam-den/Gloucester) and Jack Collins (R-Salem/Cumberland/Gloucester), changes current law to affirmatively grant the public the right to access government records with limited exemptions.

The Privacy Study Commission, which will consist of 13 members, will study the privacy issues raised by the collection, processing, use and dissemination of information by public agencies and will report their findings to the governor and Legis-lature within 18 months of the bill’s effective date.

A Government Records Council within the Department of Community Affairs will be created to facilitate the resolution of disputes regarding access to government records, prepare guidelines, issue advisory opinions and train records custodians.

The legislation also revises the procedure for challenges to the act, allowing action in the Superior Court, administrative law process or in municipal court, as well as civil monetary penalties of up to $5,000 that may be imposed on a public official, officer, employee or custodian who knowingly or willfully violates the law governing the right to public access.

While DiFrancesco admitted that the bill isn’t perfect, he acknowledged the hard work and negotiations between legislators and the many interested parties that went into the compromise.

"I came to Trenton as a legislator 26 years ago because I believed that government can make a difference," DiFrancesco said. "I believe that as much or more so today. And I’m blessed to have had the opportunity to contribute to legislation that has helped people, whether it was saving land or improving a road, helping a parent pay the doctor or a senior citizen buy medicine, or giving homeowners a much-needed tax break.

"I hope this bill makes a difference in the way citizens interact with government. And I challenge the new Legislature and administration to keep working hard on this issue so that New Jersey will have truly the most effective public-access statutes in the nation. Our citizens deserve nothing less than the best," DiFrancesco said.