| New Jersey – Today, Ras J. Baraka, the Mayor of New Jersey’s largest city and candidate for Governor, released the following statement urging Governor Murphy to veto the OPRA bill that recently passed both houses of the New Jersey State Legislature:
“As the Mayor of New Jersey’s largest city, I urge Governor Phil Murphy to veto the recently passed Open Public Records Act (OPRA) bill. This legislation threatens the very essence of transparency and accountability that our democracy relies upon.
“I recognize the challenges of handling OPRA requests. Newark receives more requests than most and I echo my fellow mayors’ concerns about the commercialization of OPRA. This is a real problem, one tackled by former Senator Weinberg’s reform bill, a bill that would fix the practice of using public time and public servants for private business but also leaves democracy intact. We cannot sacrifice transparency for convenience.
“While the issues in this bill are vast, the most controversial provision of this bill eliminates mandatory fee shifting, which guarantees that legal fees are covered for residents who successfully challenge public records denials in court. We know, for a fact, that this change will lower the rate of compliance with OPRA requests across the board. National studies have concluded unequivocally that the fee shifting system we have in place today makes us more open, more transparent and more accountable than the system that would be in place the day after you sign this bill.
“It is proven, there is no way to spin it. By removing this safeguard, we diminish transparency, weaken our democratic institutions, and cause issues of inequity for people who do not have resources for representation.
“Unfortunately, mandatory fee shifting is only the beginning of the anti-democratic measures in this bill. As written, the legislation leaves the term ‘interfering with government operations’ undefined and allows lawsuits against requestors. This is reckless and dangerous and opens the door even wider for abuses of power by threatening financial peril for citizens and organizations seeking records, particularly when they seek records held by an entity who is not operating in good faith. This isn’t hypothetical, this is real and it jeopardizes this fundamental pillar of a free society.
“As Democrats, we must stand firm in our commitment to the people. Accountability and access is essential for safeguarding working families, strengthening communities, and preserving our democracy. Without transparency, faith in our institutions wanes, and democracy falters.
“This OPRA bill does not reflect who we are, not as Democrats and not as the State of New Jersey.
“I stand with the members of the free press, ACLU, NJ Citizens Action, Housing and Community Development Network, Environment NJ, NJ Policy Perspective, League of Women Voters, NJ 11 for Change, LaCasa De Don Pedro, AAUP-AFT, CWA, labor leaders, other watchdog groups, and the people of this great state who are dedicated to protecting our citizens’ rights and our state’s democracy. I am calling on Governor Murphy to protect our state’s transparency and veto this bill. OPRA may need some change but this is not it. Let us find a balanced solution together that addresses the issues without compromising our democratic values. New Jersey deserves nothing less.” |
