Open Public Records Act

The OPRA law replaced the previous “Right to Know Law” and governs the public’s access to government records in New Jersey.  OPRA was enacted in 2002 to give the public greater access to records maintained by public agencies in New Jersey by balancing the public’s interest in government records, respect for personal privacy, and the efficient process of government. OPRA is codified as N.J.S.A. 47:1A-1 et seq.

A “government record” means any record that has been made, maintained, or kept on file, or that has been received in the course of official business.

All government records are subject to public access unless specifically exempt under OPRA or any other law.  OPRA contains specific exemptions that exempt access to records.  See, https://www.nj.gov/grc/public/exempt/.

OPRA defines “custodian of a government record” as that official designated by formal action of a public agency’s director or governing body that has custody or control of the government records of the public agency. N.J.S.A. 47:1A-1.1.

The custodian of government records in a municipality is the municipal clerk.  However, in order to make it easier for requestors to seek and obtain government records in an expeditious manner consistent with OPRA, the Mayor and Council of the Township of Montclair adopted Resolution R-19-022 designating Deputy Custodians of government records. 

Upon receipt of a valid OPRA request, the Office of the Township Clerk will forward the request to the appropriate Deputy Custodian who maintains custody and control of the government record.

A valid OPRA request is a written request to a custodian of a government record for access to an identified government record. N.J.S.A. 47:1A5(g).  Requests for information or requests that ask questions are not valid OPRA requests.

Requestors must be as specific as possible when requesting records.  For example, requestors must identify types of records, dates or range of dates, parties to correspondence, and subject matter. 

Requestors may not know the names of certain records.  The spirit of OPRA implies that custodians should assist requestors with identifying the records they are seeking, although a custodian's failure to do so is not a violation of OPRA.

The Official OPRA Request Form should be used to request access to government records maintained by the Township of Montclair.  Requests may be submitted electronically using the Montclair NextRequest Portal.  The Portal contains the statutory elements of the Official Form.  Requesters may also email the completed Official Form to OPRA@montclairnjusa.org.

Effective September 3, 2024: Requests which are not on the Official Form nor submitted through NextRequest must mention OPRA and include the certification language as shown on the Official Form.

Effective September 3, 2024: If you confirm the records sought are in connection with a legal proceeding, you must identify that legal proceeding at the time you submit the request.

The appropriate Deputy Custodian or their designee will send a written response either granting access, denying access, seeking clarification, or requesting an extension of time within the statutorily mandated seven (7) business days or as otherwise provided by law. N.J.S.A. 47:1A-5(i). 

As an exception to the typical response time frame, P.L. 2020, c.10, enacted on March 20, 2020, N.J.S.A. 47:1A-5(i) provides that the statutory time frame shall not apply during a state of emergency, public health emergency, or state of local disaster emergency.

Commercial Purpose (exception)

Effective September 3, 2024: If the requestor is seeking records for a “commercial purpose” as defined in N.J.S.A. 47:1A-1.1, where the response time frame is fourteen (14) business days, but the custodian shall notify the requestor of the additional time within seven (7) business days. N.J.S.A. 47:1A-5(i).

Daniel’s Law (exception)

Effective September 3, 2024: If the requestor is seeking records requiring review for compliance with “Daniel’s Law” (N.J.S.A. 47:1B-1, et seq.), where the response time frame is fourteen (14) business days, but the custodian shall notify the requestor of the additional time within seven (7) business days. N.J.S.A. 47:1A-5(i).

Commercial Purpose Defined

“Commercial purpose” means the direct or indirect use of any part of a government record for sale, resale, solicitation, rent or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee. “Commercial purpose” shall not include using, distributing, gathering, procuring, transmitting, compiling, editing, disseminating, or publishing of information or data by the news media, or any parent company, subsidiary, or affiliate of any news media, as defined by section 2 of 19 P.L.1977, c.253 (C.2A:84A-21a), or by any news, journalistic, educational, scientific, scholarly, or governmental organization, or  by any person authorized to act on behalf of a candidate committee, joint candidate committee, political committee, continuing political committee, political party committee, or legislative leadership  committee, as defined by section 3 of P.L.1973, c.83 (C.19:44A-3), registered with the New Jersey Election Law Enforcement  Commission.

Day one (1) is the day following the custodian’s receipt of the request.

If a custodian seeks clarification of an OPRA request, the response time clock stops until the requestor provides a response to the custodian.  Upon receipt of the requestor’s clarification, the statutory response time begins anew.

The New Jersey Government Records Council (GRC) provides “A Citizen’s Guide to OPRA" which can be downloaded here. The guide was assembled to help records requestors understand some of the most common issues regarding the Open Public Records Act.

The Government Records Council (GRC) operates a toll-free inquiry hotline to which requestors of government records and records custodians may call to obtain guidance regarding the Open Public Records Act (OPRA). The toll-free number is 1-866-850-0511.

No need to fill out an OPRA request – Township of Montclair is on the Spatial Data Logic (SDL) Portal!

The SDL Portal is an online resource, designed to give you convenient access to a wealth of information regarding all properties in the Township. This includes everything from basic tax lot and owner information to detailed data regarding building, planning, and zoning permits, complaints, violations, and certificates. A valid email address and creation of a free SDL account is required to participate.

Key Features of the SDL Portal

Search for specific information with ease.

The Portal’s convenient search feature allows you to locate a specific property or permit, even with limited information. Search using a full or partial address, owner name, or block/lot number. Searches can also be done using permit or control numbers.

Property Information at your fingertips

The Portal syncs in real-time, which ensures you are getting the most up-to-date information available. You can also access all the functionality of the Portal right from your phone, with the SDL Citizen app. The SDL Citizen app has all the same functionality as the SDL Portal, but is configured to be easy to use from a phone or tablet. SDL Citizen is available for both iOS and Android devices and can be found in the Apple and Google Play stores.

Go to the SDL Portal for Montclair to create your account and find the information you need.

A fee is charged for copies. Some records are immediately available during normal business hours, while other, more complex records will require time to compile and might require an additional fee to make the copies requested, but will normally be available within seven business days.

The New Jersey Government Records Council (GRC) provides “A Citizen’s Guide to OPRA" which can be downloaded here. The guide was assembled to help records requestors understand some of the most common issues regarding the Open Public Records Act.

The Government Records Council (GRC) operates a toll-free inquiry hotline to which requestors of government records and records custodians may call to obtain guidance regarding the Open Public Records Act (OPRA). The toll-free number is 1-866-850-0511.

In addition, the New Jersey League of Municipalities website provides answers to some frequently asked questions about OPRA.