GUEST OPINION: NJ LAWMAKERS BETRAY PUBLIC TRUSTS, CITIZENS MUST ACT
Tuesday, July 30, 2024
In a stunning betrayal of public trust, New Jersey lawmakers have voted to weaken the Open Public Records Act (OPRA), once a hallmark of government transparency and accountability. Historically, New Jersey has boasted one of the strongest freedom of information laws in the country, ensuring that citizens had the right to know what their government was doing. But now, that right has been severely undermined by the very people elected to protect it.
In a blow to transparency and accountability for New Jersey residents, Gov. Phil Murphy signed a bill on June 5, 2024, that gutted access to public records.
The legislation curtails the public's access to government documents and data. Specifically, it:
- Limits access to government email and text messages.
- Allow public agencies acting as records custodians to charge heavy fees to release information — without the burden of demonstrating that the released information is complete.
- Made it nearly impossible for New Jersey attorneys to combat cases where records requests are unlawfully rejected by public entities. The law disabled a feature of OPRA that allowed attorneys to recoup fees from agencies that wrongly denied requests.
Murphy is term-limited so he cannot run for re-election and his performance should disqualify him from any position that is accountable to voters, but he could not have committed this betrayal of public trust without the cooperation of New Jersey lawmakers who deserve to be fired.
The entire New Jersey General Assembly will be on the ballot in 2025, presenting a critical opportunity for voters to hold these lawmakers accountable.
The real chance for change lies in the upcoming primary elections in June. These primaries often fly under the radar, unnoticed by the majority of citizens, but they are where the most significant impact can be made. Lawmakers who voted to gut OPRA are most vulnerable during these primaries. If they survive the primaries, gerrymandering may render them nearly invulnerable in the fall general election.
Members of the New Jersey Assembly who voted to gut OPRA
- Reginald Atkins - D
- Linda Carter - D
- Craig Coughlin - D
- Joe Danielsen - D
- John DiMaio - R
- Margie Donlon - D
- Kevin Egan - D
- Victoria Flynn - R
- Louis Greenwald - D
- Garnet Hall - D
- Dan Hutchison - D
- Robert Karabinchak - D
- Sean Kean - R
- James Kennedy - D
- Pamela Lampitt - D
- Yvonne Lopez - D
- Julio Marenco - D
- Antwan McClellan - R
- Cody Miller - D
- William Moen - D
- Carmen Theresa Morales - D
- Luanne Peterpaul - D
- Eliana Pintor Marin - D
- Annette Quijano - D
- Verlina Reynolds-Jackson - D
- Gabriel Rodriguez - D
- William Sampson - D
- Gary Schaer - D
- Gerry Scharfenberger - R
- Alexander Schnall - D
- Erik Simonsen - R
- William Spearman - D
- Shanique Speight - D
- Sterley Stanley - D
- Shavonda Sumter - D
- Lisa Swain - D
- Cleopatra Tucker - D
- Chris Tully - D
- Michael Venezia - D
- Anthony Verrelli - D
- Jay Webber - R
- Benjie Wimberly - D
This is a call to action for every New Jersey citizen who values transparency and accountability in government. It is imperative to organize and mount challenges to those candidates who voted to diminish our right to know. The urgency cannot be overstated. Without a concerted effort to remove these officials in the primaries, we risk cementing their positions and further eroding the public's ability to hold the government accountable.
The weakening of OPRA is not just a legislative change; it is an attack on the fundamental principles of democracy. Access to public records allows citizens to expose corruption, inefficiency, and misuse of power.
By curtailing this access, lawmakers are telling the public that government actions should not be scrutinized and that they should operate in the shadows.
This decision by New Jersey lawmakers is a disgrace and a clear indication that they are more interested in protecting their interests than serving the public good. It is up to us, the citizens, to demand better.
We must use our voices and our votes to ensure that those who seek to diminish transparency are not allowed to continue in office.
The 2025 elections are a pivotal moment for New Jersey. Let us not allow this opportunity to pass by unnoticed. Organize, campaign, and most importantly, vote in the primary elections. Show these lawmakers that betraying the public trust has consequences. Our democracy depends on it.
Lisa McCormick is an advocate for democracy and responsible citizenship who garnered nearly 40% of the vote against US Senator Bob Menendez in the 2018 Democratic primary with a grassroots campaign that spent less than $5000.