‘Offensive’ to claim new public records law may enable corruption, Gov. Murphy says

Gov. Phil Murphy speaking to reporters after a Trenton press conference on June 6, 2024. (Sophie Nieto-Munoz | New Jersey Monitor)

Gov. Phil Murphy, who just signed a controversial measure overhauling the state’s public records law , said Thursday that he finds critics’ claims that the new law may enable corruption “offensive.”

“It’s not either, or — you can be both vigilant about corruption and bad behavior and you can respect local mayors and public servants,” Murphy told reporters.

The new law revamps the Open Public Records Act, which governs the kinds of government records that can and can’t be released to the public. Critics of the bill say some of the provisions — like one that ends the mandatory awarding of legal fees to requestors who successfully sue public entities over records denials — will encourage government officials to withhold documents that should be public and lessen transparency.

When asked if his approval of the bill was related to discussions with the Legislature on the gas tax, affordable housing, or a proposed new business tax that the governor wants lawmakers to approve before June 30, Murphy told reporters, “Not specifically to that.”

“More generally, you want to get to a place where everybody feels good about things, and this is part of a broader tapestry for sure,” he said. “But again, you have to make the decision on the merits.”

The Legislature sent the bill to Murphy more than three weeks ago. Murphy said the decision of whether to sign or veto it weighed on him, and he knew when he signed it that people across the political spectrum would be unhappy.

But Murphy said he found it necessary to update the 22-year-old law, particularly in light of the internet and new technology. He said lawmakers attempted to balance updating it while still delivering transparency.

The press, transparency groups, good government advocates, and state officials on both sides of the aisle opposed the bill’s changes to the Open Public Records Act. They decried the bill as one that would gut accountability, make it harder for residents and journalists to obtain certain records, and enable governments to sue people who request too many records.

Dena Mottola Jaborska, executive director of New Jersey Citizen Action, called the bill a “slap in the face to the public.”

“By siding with political insiders who serve special interests, Murphy has ignored the will of the people and dismisses the growing movement to restore our democracy and hold government accountable to the people it serves,” she said.

Murphy said before signing the bill, he met with some of the bill’s critics for about an hour to hear their concerns, and they had a “great discussion.”

He also noted that the League of Municipalities and some mayors “wanted more.” He said these groups felt like the previous form of the Open Public Records Act had “become an undue burden.”

“I’m quite openly saying, listen, this was a tough call. At the end of the day, I think the changes  — and this is a word that folks will argue with, I’m sure who wanted more on the transparency side — I think when you net everything out, the changes are modest,” Murphy said.

Murphy said he plans to add “serious-minded people” to the Government Records Council, a panel that adjudicates complaints from people whose records requests are denied. Under the revamped law, the council would see more members added and receive some of the $10 million the law appropriates.

The council has previously faced criticism for taking an average of nearly two years to resolve cases , with backlogs in the hundreds. The law now requires them to deliver their opinions within 45 days, effective in roughly 20 months.

Murphy said he expects to announce his eight appointees “in short order.” Four other members will be nominated  — two by the Assembly speaker and two by the Senate president.

The council will be in charge of creating a uniform government records request form for all public bodies. And governments will be allowed to direct requestors to public documents posted online and post previously filled requests online. But the bill doesn’t explicitly state what documents must be posted, or even direct how towns, school boards, and agencies would establish and maintain these sites.

Bill sponsor Sen. Tony Bucco (R-Morris) said these modernizations to online accessibility will help with the council’s efficiency and effectiveness. He said this makes filing records requests easier and more accessible while also saving taxpayers time and money.

Bucco, who said he didn’t vote on the bill when it passed the Senate May 13 because he tested positive for COVID-19 the previous weekend, said the records council will determine whether there will be a uniform website or thousands of different places to find these documents online. The bottom line, he said, is “the money is there to get this done and to have these additional documents placed online.”

“You’re going to get your documents a heck of a lot quicker than you ever did before,” he said.

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