New Jersey Open Public Records Act

• OPRA Request Form (Paper Copy)
• Submit an OPRA request via the Spatial Data Logic ("SDL") Portal
  • SDL Portal Instructions (** Account creation required **)

The Official OPRA Request Form should be used to request access to government records maintained by the Township of Raritan.  Requests may be submitted electronically using the Township’s SDL Portal. The Portal contains the statutory elements of the OPRA Request Form. Requesters may also email the completed Official Form to opra@raritantwpnj.gov.

Effective Sept. 3, 2024: Requests which are not on the Official Form nor submitted through SDL Portal must mention OPRA and include the certification language as shown on the OPRA Request Form.

Effective Sept. 3, 2024: If you confirm the records sought are in connection with a legal proceeding, you must identify that legal proceeding at the time you submit the request.

A “government record” means any record that has been made, maintained, or kept on file, or that has been received during official business.

All government records are subject to public access unless specifically exempt under OPRA or any other law. OPRA contains specific exemptions that exempt access to records. For more information, visit: https://www.nj.gov/grc/public/exempt/.

OPRA defines “custodian of a government record” as that official designated by formal action of a public agency’s director or governing body that has custody or control of the government records of the public agency, N.J.S.A. § 47:1A-1.1.

The custodian of government records in a municipality is the municipal clerk. Upon receipt of a valid OPRA request, the Office of the Municipal Clerk will forward the request to the appropriate designee(s) who maintains custody and control of the government record.

A valid OPRA request is a written request to a custodian of a government record for access to an identified government record, N.J.S.A. § 47:1A5(g).  Requests for information or requests that ask questions are NOT valid OPRA requests.

Requestors must be as specific as possible when requesting records (e.g., requestors must identify types of records, dates or range of dates, parties to correspondence, and subject matter).

Requestors may not know the names of certain records. The intent of OPRA implies that custodians should assist requestors with identifying the records they are seeking, although a custodian's failure to do so is not a violation of OPRA.

The Municipal Clerk or their designee(s) will send a written response either granting access, denying access, seeking clarification, or requesting an extension of time within the statutorily mandated seven (7) business days or as otherwise provided by law, N.J.S.A. § 47:1A-5(i). 

Note: As an exception to the typical response time frame, P.L. 2020, c.10, enacted on Mar. 20, 2020, N.J.S.A. § 47:1A-5(i) provides that the statutory time frame shall not apply during a state of emergency, public health emergency, or state of local disaster emergency.

• Commercial Purpose (exception)
  • Effective Sept. 3, 2024: If the requestor is seeking records for a “commercial purpose” as defined in N.J.S.A. § 47:1A-1.1, where the response time frame is fourteen (14) business days, but the custodian shall notify the requestor of the additional time within seven (7) business days, N.J.S.A. § 47:1A-5(i).
• Daniel’s Law (exception)
  • Effective Sept. 3, 2024: If the requestor is seeking records requiring review for compliance with “Daniel’s Law”(N.J.S.A. § 47:1B-1, et seq.), where the response time frame is fourteen (14) business days, but the custodian shall notify the requestor of the additional time within seven (7) business days, N.J.S.A. § 47:1A-5(i).

Commercial Purpose Defined

“Commercial purpose” means the direct or indirect use of any part of a government record for sale, resale, solicitation, rent or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee.

“Commercial purpose” shall not include using, distributing, gathering, procuring, transmitting, compiling, editing, disseminating, or publishing of information or data by the news media, or any parent company, subsidiary, or affiliate of any news media, as defined by section 2 of 19 P.L.1977, c.253 (C.2A:84A-21a), or by any news, journalistic, educational, scientific, scholarly, or governmental organization, or  by any person authorized to act on behalf of a candidate committee, joint candidate committee, political committee, continuing political committee, political party committee, or legislative leadership  committee, as defined by section 3 of P.L.1973, c.83 (C.19:44A-3), registered with the New Jersey Election Law Enforcement Commission.

Day one (1) is the day following the custodian’s receipt of the request.

If a custodian seeks clarification of an OPRA request, the response time clock stops until the requestor provides a response to the custodian. Upon receipt of the requestor’s clarification, the statutory response time begins again.

The New Jersey Government Records Council (“GRC”) provides “A Citizen’s Guide to OPRA" which can be viewed here. The guide was assembled to help records requestors understand some of the most common issues regarding the Open Public Records Act.

The GRC operates a toll-free inquiry hotline to which requestors of government records and records custodians may call to obtain guidance regarding OPRA. The toll-free number is +1 (866) 850-0511.

In addition, the New Jersey League of Municipalities website provides answers to some frequently asked questions about OPRA.