Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comClient Alert
Author: Scarinci Hollenbeck, LLC
Date: March 25, 2020
The Firm
201-896-4100 info@sh-law.com
OPRA normally requires a custodian of a government record to provide access to, respond to or otherwise process a record request immediately (N.J.S.A. 47:1A-5(e)), or at least within seven business days (N.J.S.A. 47:1A-5(i)(1)), depending on the type of record requested, a custodian’s failure to do so being considered a deemed denial of a request. Ibid.
Under the new law, codified at N.J.S.A. 47:1A-5(i)(2), these strict deadlines no longer apply during a declared state of emergency, such as now.
Instead, N.J.S.A. 47:1A-5(i)(2) now provides that during a declared “state of emergency, public health emergency, or state of local disaster emergency . . . the custodian of a government record shall make a reasonable effort, as the circumstances permit, to respond to a request for access to a government record within seven business days or as soon as possible thereafter.”
While OPRA’s strict deadlines may no longer apply during a declared state of emergency, the response time to a request must still be reasonable, and should be as close as possible to the normally applicable seven-day period, if possible, as the circumstances permit.
Despite the inapplicability of normal OPRA deadlines during an emergency, reasonable efforts should be made to respond to an OPRA request that can be completed, under the circumstances, within the normal seven-day period, keeping in mind that staff and departments will be limited in staff and operability during a state of emergency. Communication with a requestor is also crucial in order to avoid any misunderstandings.
Of course, a custodian remains free to respond to an OPRA record request, immediately or within the normally applicable seven-day period if they are able to do so, even during a state of emergency.
We will keep monitoring any developments regarding the handling of OPRA record requests during this time. If you have any questions regarding the new law, the above guidance, or any specific questions regarding the handling of any OPRA record request, as always, please let us know.
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