Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
Increases membership of Government Records Council; provides for advisory opinions; requires complaints to be initiated with council; limits attorneys fees; appropriates $250,000.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Government Records Council, amending P.L.2001, c.404 and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.2001, c.404 (C.47:1A-6) is amended to read as follows:
7. A person who is denied access to a government record by the custodian of the record, at the option of the requestor, may[:
institute a proceeding to challenge the custodian's decision by filing an action in Superior Court which shall be heard in the vicinage where it is filed by a Superior Court Judge who has been designated to hear such cases because of that judge's knowledge and expertise in matters relating to access to government records; or
in lieu of filing an action in Superior Court,] file a complaint with the Government Records Council established pursuant to section 8 of P.L.2001, c.404 (C.47:1A-7).
The right to institute any proceeding under this section shall be solely that of the requestor. Any such proceeding before the council shall proceed in a summary or expedited manner. The public agency shall have the burden of proving that the denial of access is authorized by law. If it is determined that access has been improperly denied, the [court] council or agency head shall order that access be allowed. A requestor who prevails in any proceeding [shall] may be entitled to a reasonable attorney's fee. The fee shall not be more than the total amount calculated using the hourly rate set forth in a contract awarded by the public agency, and in effect at the time of the calculation, for the provision of general legal services to the agency.
(cf: P.L.2001, c.404, s.7)
2. Section 8 of P.L.2001, c.404 (C.47:1A-7) is amended to read as follows:
8. a. There is established in the Department of Community Affairs a Government Records Council. The council shall consist of the Commissioner of Community Affairs or the commissioner's designee, the Commissioner of Education or the commissioner's designee, and [three] seven public members appointed as follows: three public members shall be appointed by the Governor, [with the advice and consent of the Senate,] not more than two of whom shall be of the same political party, and one of whom shall be a municipal clerk, or a designee; two public members shall be appointed by the President of the Senate, each of whom shall be of a different political party; and two public members shall be appointed by the Speaker of the General Assembly, each of whom shall be of a different political party. The [three] seven public members shall serve during the term of the Governor, the Senate President as President, or the Speaker of the General Assembly as Speaker, as appropriate, making the appointment and until the appointment of a successor. [A public member shall not hold any other State or local elected or appointed office or employment while serving as a member of the council.] A public member shall not receive a salary for service on the council but shall be reimbursed for reasonable and necessary expenses associated with serving on the council and may receive such per diem payment as may be provided in the annual appropriations act. A member may be removed by the Governor for cause. Vacancies among the public members shall be filled in the same manner in which the original appointment was made. The members of the council shall choose one of the public members to serve as the council's chair. The council may employ an executive director and such professional and clerical staff as it deems necessary and may call upon the Department of Community Affairs for such assistance as it deems necessary and may be available to it.
b. The Government Records Council shall:
establish an informal mediation program to facilitate the resolution of disputes regarding access to government records;
receive, hear, review and adjudicate a complaint filed by any person concerning a denial of access to a government record by a records custodian;
issue advisory opinions, on its own initiative or upon the request of a custodian, as to whether a particular type of record is a government record which is accessible to the public;
commencing on the first day of the 25th month next following the date of enactment of P.L. , c. (pending before the Legislature as this bill), issue advisory opinions, on its own initiative or upon the request of a custodian, as to the manner and extent of compliance by a custodian for requests of particular types or categories of government records;
prepare guidelines and an informational pamphlet for use by records custodians in complying with the law governing access to public records;
prepare an informational pamphlet explaining the public's right of access to government records and the methods for resolving disputes regarding access, which records custodians shall make available to persons requesting access to a government record;
prepare lists for use by records custodians of the types of records in the possession of public agencies which are government records;
make training opportunities available for records custodians and other public officers and employees which explain the law governing access to public records; and
operate an informational website and a toll-free helpline staffed by knowledgeable employees of the council during regular business hours which shall enable any person, including records custodians, to call for information regarding the law governing access to public records and allow any person to request mediation or to file a complaint with the council when access has been denied;
In implementing the provisions of subsections d. and e. of this section, the council shall: act, to the maximum extent possible, at the convenience of the parties; utilize teleconferencing, faxing of documents, e-mail and similar forms of modern communication; and when in-person meetings are necessary, send representatives to meet with the parties at a location convenient to the parties.
c. At the request of the council, a public agency shall produce documents and ensure the attendance of witnesses with respect to the council's investigation of any complaint or the holding of any hearing.
d. Upon receipt of a written complaint signed by any person alleging that a custodian of a government record has improperly denied that person access to a government record, the council shall offer the parties the opportunity to resolve the dispute through mediation. Mediation shall enable a person who has been denied access to a government record and the custodian who denied or failed to provide access thereto to attempt to mediate the dispute through a process whereby a neutral mediator, who sh