FAQ
- What is OPRA?
OPRA is the New Jersey Statute that governs the public's access to government records. N.J.S.A. 47:1A-1
- What is a "government record"?
A "government record" is any record that is required by law to be made, maintained, and/or kept on file in the course of official business.
- What records are exempt?
A list of OPRA exemptions can be found here. Also, any records that are made exempt by any other law are exempt under OPRA.
- What is a "public agency"?
Under OPRA, a public "agency" is defined as:
- The executive branch of state government & all independent state agencies, including state colleges & universities.
- The legislature of the state and any office, board, bureau or commission within or created by the legislative branch.
- All counties, municipalities, school districts, fire districts, planning/zoning boards & other county or local boards or agencies.
- How do I submit an OPRA request?
A request can be submitted multiple ways. Either through this portal, via email to OPRA@pennsauken.gov, via Mail, or in person at 5605 N. Crescent Blvd. Pennsauken, NJ 08109. All OPRA requests must be in writing.
- What if I don't know the name of the record I am seeking?
You can contact the Township offices via phone (856-665-1000) and speak to either the office you are seeking records from or Matthew McDevitt in the Township Clerk's office (856-665-1000 ext.123).
- Do I need to pay for records?
Maybe. We, generally, do not charge for records unless you are seeking to either pick up the records in office or have the records mailed to you. Even then, there would only be a charge if there are a large number of records. There may also be a special service charge for your request (see below).
- How much can the custodian charge?
If there is no other charge established by law or regulation, the standard charge is:
- $0.05 per standard size printed page
- $0.07 per legal sized printed page.
However, if the agency is able to prove that the actual cost to produce printed pages would cost more, the agency can charge the actual cost.
For example, if the agency needs to take the record to a third party for copies if the agency is not able to make copies in-house (Ex. Large plans).
You will be notified of any charges before the request is fulfilled.
- What is a special service charge?
A special service charge is seen as a "labor fee" imposed when a request is voluminous, requires extensive time & effort, or when the request requires extensive use of technology. This charge must be reasonable and based off the hourly rate of the lowest level employee capable of fulfilling the request. You will be notified in advance of the special service charge being imposed and you have a right to disagree with the charge. If the requestor & the custodian are unable to come to an agreement regarding the charge, the request is considered denied and the requestor can file a denial of access complaint.
- When should I expect a response?
Under OPRA, custodians, by default, have 7 business days to respond to a request. If an extension of time is needed, the custodian must inform the requestor in writing with the expected response date.
However, requests seeking budgets, bills, vouchers, contracts & salaries/overtime information require immediate access. Under OPRA, Immediate access means "at once, without delay."
Exceptions to this may include:
- When the requested record is in use
- When the record is in storage
- When the record requires medium conversion
When there is an exception, the custodian must inform the requestor, in writing, and request an extension to comply.
- What if I don't receive a response?
If no response is provided by the 7th business day, the request is deemed denied. When this happen you can either contact the custodian or you can submit a denial of access complaint to the Government Records Council (GRC).
- What is a broad / unclear request?
A broad / unclear request does not name a specific government record or requires the custodian to conduct research.
An Example of an overly broad request: "Any and all records related to the construction of the new high school."
- Can I access records for commercial use?
There is no restriction regarding the commercial use of records acquired from OPRA.
- Can the custodian make redactions?
Custodians can make redactions to otherwise accessible records that contain information that falls under the OPRA exemptions.
Redactions must be made in a way that makes it obvious where redactions were made (blacking out the information).
- What if my request is denied?
If a custodian denies your request you may either submit a denial of access complaint to the Government Records Council, or you may file your complaint in New jersey Superior Court. You cannot do both.