On Tuesday, March 12, 2019 at 7 p.m., PSWH Partner CJ Griffin will celebrate Sunshine Week by giving a free OPRA presentation at the Nutley Public Library. Come learn the nuts and bolts of filing an OPRA request so that you can make sure your town is transparent!
The Trentonianpublished an editorial on January 15, 2019, calling for Trenton Mayor Reed Gusciora’s administration to be more transparent. The editorial discusses a lawsuit filed on the newspaper’s behalf by CJ Griffin, a Partner at Pashman Stein Walder Hayden and Editor of the NJ OPRA Blog. Griffin, who is quoted in the editorial, sued for the newspaper to obtain access to a body camera recording which would confirm whether the Mayor’s Chief of Staff had falsely accused one of the Trentonian‘s reporters of stealing documents from his office. To read the editorial, learn about the litigation, and view the body camera recording, click here.
Unlike dash camera recordings, body camera recordings are “required by law to be made, maintained, or kept on file” pursuant to Attorney General Directive 2015-1 and thus they cannot be exempt under OPRA’s criminal investigatory records exemption.
In September 2018, we filed a lawsuit on behalf of long-time client Steven Wronko seeking the list of users that Carteret Mayor Daniel J. Reiman has banned from his Facebook page.
Carteret opposed the lawsuit, arguing that Mayor Reiman’s Facebook page was simply a personal page and that he has constitutional right to ban members of the public and a privacy interest in keeping the ban list secret.
We responded and provided over 200 pages of screenshots from the Mayor’s Facebook page which showed that Mayor Reiman used his Facebook page to declare weather emergencies and keep the public informed during severe weather events; to talk about redevelopment projects happening in the Borough; and to discuss personnel issues, such as the suspension of a police officer. We also showed that residents frequently posted on the Page about issues they were having with government services and Mayor Reiman or “staff” would respond to those inquiries and try to resolve the issues. Our brief is available here.
On January 11, 2019, the Honorable Alberto Rivas, A.J.S.C., heard oral arguments and found that Mayor Reiman’s Facebook page is subject to OPRA because it is used to conduct the Mayor’s official business. He adopted the fact-sensitive analysis used by Judge Mizdol in Larkin v. Glen Rock, a similar case we won last year.
Judge Rivas ordered Carteret to produce the ban list and to pay Mr. Wronko’s legal fees. A copy of the Order is here.
Many people want to know how they can monitor an agency’s spending and determine how much an agency is paying a certain vendor (such as a law firm, plumber, construction company, or insurance company) or even who the agency’s vendors are. A “Vendor Activity Report” (or “Vendor History Report”) is a very helpful tool for learning this information.
A Vendor Activity/History Report details all payments made to every individual or company that was entered into the agency’s accounting software in order to receive a payment. If a bill is paid, then there is a corresponding “vendor” entry in the accounting software. The Vendor Activity/History Report will list all of the vendors and the total amount of money they were paid during the requested time frame. Once you obtain the report and see something that interests you, then you can you can request the corresponding payment vouchers and bills/invoices for that vendor to further investigate the spending. Requestors have used the Vendor Activity/History Report to identify large reimbursements to the agency’s employees, for example.
Here are a couple examples of Vendor Activity Reports from NJ towns that we found on the Internet, so you can see what they look like and how helpful they can be:
Egg Harbor Township’s Vendor Activity Report, located here, lists all vendors for the designated time frame (2015). This type of report is helpful because you can see the total payments made to every single vendor contained in the agency’s accounting software during a specified time period. If you do not know anything about an agency’s finances or which vendors they use, you can ask for the full vendor activity report and learn who the vendors are and how much they were paid. To request this type of report, one would simply say: “Pursuant to OPRA and the common law right of access, I seek the vendor activity or vendor history report for all vendors by vendor name for payments made January 1, 2018 to present date.”
Eagleswood Township’s Vendor Activity Reports, located here on this OPRA Machine request, provide a breakdown of all payments to an identified vendor during the specified time frame. This type of report is helpful when you know about a vendor already and just want to see how much they were paid during a specific time period. In these reports, the requestor sought the activity report for three specific vendors (newspapers). The reports show all of the payments made to those vendors. To request this type of report, one would simply say: “Pursuant to OPRA and the common law right of access, I seek the vendor activity or vendor history report for all payments made to [Insert Name of Vendor/Company] for January 1, 2018 to present date.”
We filed the first lawsuit of its kind in NJ seeking access to records within Facebook accounts held by public officials and we won.
We made a new relationship with Reclaim The Records and helped them gain access to New Jersey’s Death Index, which they used to create an awesome website for use by genealogists, historians, researchers, and journalists.