Assemblywoman Nancy Munoz of New Jersey has voiced her opposition to the proposed changes to the state’s open public records act. The controversial legislation, introduced by Democrats in March and subsequently withdrawn for revision following significant public backlash, is now up for a vote on Monday.
Munoz aligns herself with advocates of government transparency who view this as an attempt by the majority party to consolidate power. “We are a government of the people, by the people, for the people. This legislation upends that,” Munoz (R-Union) stated. She further criticized what she perceives as a veil of secrecy being constructed by Democrats.
Proponents argue that the current law imposes undue strain on record custodians, particularly municipal governments and law enforcement agencies. They contend that employees are often diverted from their regular duties to handle or reject requests under the Open Public Records Act (OPRA). However, critics of the revised bill argue that it will impede public access to government records.
The proposed changes include more stringent requirements for email requests and increased charges for records. It also shifts the responsibility of disputing and proving actual production costs onto the public. Moreover, those who make anonymous OPRA requests will have to forego their right to appeal denials.
One notable amendment is the removal of a ban on data mining, which was initially cited as a reason for revising access to public records.
Munoz warns that these changes could exacerbate existing mistrust in public institutions. “I cannot in good conscience support this bill, and neither do 81% of New Jerseyans,” Munoz declared. She also drew attention to recent criticism over perceived legislative overreach by Governor Phil Murphy and his Democrat-controlled legislature.
