FAQ

What is the Open Public Records Act (OPRA)?

OPRA is a New Jersey statute that governs the public's access to government records in New Jersey. The law is compiled in the statutes as N.J.S.A. 47:1A-1 et seq.

  1. Specifically, OPRA is intended to: 
  • Expand the public's right of access to government records;
  • Create an administrative appeals process if access is denied; and
  • Define what records are and are not "government records."

What is an OPRA Request?

An official OPRA request is a request for government records submitted to a public agency either: on an official OPRA request form; or an otherwise written request that clearly references OPRA. If a written request does not mention OPRA anywhere, it is not an OPRA request. Verbal requests are never OPRA requests. 


What is a "government record?"

OPRA specifically defines a government record as:

  1. "... any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file ... or that has been received in the course of his or its official business ..." (Emphasis added.) N.J.S.A. 47:1A-1.1.
  2. Generally stated, a "government record" means any record that has been made, maintained, or kept on file in the course of official business, or that has been received in the course of official business.
  3. OPRA covers more than just paper records. Under OPRA, a "government record" includes printed records, tape recordings, microfilm, electronically stored records (including e-mails and data sets stored in a database), books, maps, photographs, etc.
  4. All government records are subject to public access unless they are specifically exempt under OPRA or any other law.  There are 24 specific exemptions contained in OPRA. 

What records are exempt from public access?

  1.  There are multiple specific exemptions contained in OPRA. There are also exemptions contained in various Executive Orders.  Click here for a listing of all exemptions in OPRA as well as exemptions contained in Executive Orders. 
  2. These exemptions do not represent an exhaustive list of records that are not available for public access. There may be exemptions contained in other State statutes, regulations, case law, etc.

What is a special service charge?

  1.  A special service charge is essentially a labor fee that may be charged when a request is voluminous, requiring extensive time and effort, or when the request required extensive use of technology. Special services charges must be reasonable and based on actual direct cost of fulfilling the request. Actual direct cost means the hourly rate of the lowest level employee capable of fulfilling the request (no fringe benefits).
  2. The imposition of a special service charge is extremely subjective and the determination is made on a case-by-case basis. No special service charges can be established in advance by ordinance. 
  3. The custodian must notify the requestor in advance of the special service charge. The requestor has the right to disagree with the special service charge. If the custodian and requestor cannot reach an agreement regarding the special service charge, the request is considered denied. Complainants may challenge a custodian's special service charge by filing a Denial of Access Complaint with the Government Records Council or filing an action in the Superior Court of New Jersey.
  4. The following is an example of a special service charge for a voluminous request:

Request: Meeting minutes from 2005 to present. There are 1,000 pages of responsive records which will take the custodian 2 ½ hours to copy. The Custodian may charge her direct hourly rate for the 2 ½ hours required to fulfill request. Custodian must estimate cost and notify requestor before fulfilling the request. 

OPRA allows seven (7) business days to provide records responsive to each request.

Most OPRA requests will be answered via email, but copies are available in-person at the Municipal Clerk's office in Borough Hall. An OPRA regulated photocopy fee is required for all copies. Letter size copies are $.05 and Legal size copies are $.07. Architectural plans and other large scale drawings are sent out to be copied and the cost to duplicate these items is passed on to the requestor.


Please be as specific as possible in describing the records being requested. Your request must name the documents/records you are requesting. General questions and queries are not records.