Tag Archives: opra request emails

GRC Rules that Agencies Must Accept Electronic Requests

While overwhelmingly most agencies accept emailed or faxed requests or have an online portal to submit OPRA requests, there are a handful of agencies that do not. The Government Records Council (GRC) recently ruled that the refusal to accept at least one form of electronically submitted requests violates OPRA.

On September 29, 2015, the GRC ruled in Russo v. City of East Orange (Essex), GRC Complaint No. 2014-430, that “the City’s policy of banning submission of OPRA requests electronically represents an unreasonable obstacle on access.” In its decision, the GRC recounted East Orange’s history regarding the issue of request submission policies.  In 2009, Paff v. City of E. Orange, 407 N.J. Super. 221, 228 (App. Div. 2009), the Appellate Division ruled that East Orange was not compelled by the statute to accept faxed OPRA requests since it did not have a designated fax line. However, it also held that an agency cannot “impose an unreasonable obstacle to the transmission of a request for a governmental record,” such as only accepting hand-delivered requests.  Since at that time East Orange also accepted “electronically submitted” OPRA requests, the Appellate Division held that the refusal to accept faxed requests was not unreasonable.

Now, however, East Orange only accepts hand-delivered or mailed OPRA requests. The GRC noted that not only did East Orange fail to notify requestors that it did not accept emailed OPRA requests. It also held that “[a]llowing for at least one form of electronic transmission method is reasonable in a time when citizens and public agencies are increasingly relying on technology to perform their daily duties. Additionally,  allowing for  at  least  one  electronic  method  will  provide  an  efficient  and expedient method for requestors to obtain records.”

Pashman Stein filed an action in July 2015 on behalf of Patricia Gilleran against East Orange, seeking an order compelling the City to respond to Ms. Gilleran’s e-mailed OPRA request. Oral argument on that case will be heard on October 28, 2015.

For more information about this blog post or any other OPRA question, please contact cgriffin@pashmanstein.com.

Must I Use the Agency’s Official Request Form?

Most public agencies have adopted official OPRA Request Forms that they place on their websites.  For frequent requestors, filling out the official form each and every time a request is made can be time consuming so many opt to send their requests in the body of an email to the records custodian.  According to New Jersey case law, this is perfectly acceptable.  In Renna v. County of Union, 407 N.J. Super. 230 (App. Div. 2009), the Appellate Division held that no public agency may deny an OPRA request simply because the requestor did not use the agency’s official OPRA Request Form.  However, a requestor still must be careful to provide the agency with enough information to properly process the request.  We recommend the following template when submitting your request via email:

Please accept this e-mail as my request for government records in accordance with the Open Public Records Act (OPRA) and the common law right of access. Please respond and send all responsive documents in electronic format to me via e-mail at your name @ your address.com.

Records requested:

[Insert your records request here.]

I would appreciate if you would acknowledge your receipt of this e-mail.

Thank you for granting access to these records within seven business days.

Your Name
Your Address
Your Phone Number
Your Email Address

If you wish to receive the documents in some other format, or wish to pick up hard copies, you must indicate such.

For more information about this blog post or any other OPRA question, please contact cgriffin@pashmanstein.com.