Acknowledging that there is still some work to do and citing a desire to hear some of the public input that came out of a legislative hearing on Monday, Assembly Speaker Craig Coughlin is slowing down legislation to change the way the government responds to public records requests and pulling it from the Assembly Appropriations Committee agenda for today.
A bill that would change — and some say dramatically weaken — the Open Public Record Act had been fast-tracked through the legislature. It was introduced last week and approved by two legislative committees on Monday despite outcries from activists who insist the measure would make government significantly less transparent.
“We have an open and transparent process where anyone can walk into the State House and have an open and honest discussion with their elected representatives on any legislation being considered. I am inspired that so many people have taken an interest and engaged in this legislation,” Coughlin said. “Understanding how important it is to maintain transparency and the right of the public to know what their government is doing, I appreciate the concerns raised about A4045. Right now, we are working on various amendments to ensure we get the bill right.”
Coughlin added, “There will not be enough time to compose the amendments, review them, and have further meetings with members of the public prior to the Assembly Appropriations Committee, and so the bill will not be heard for consideration today. We will take the time needed to meet with various stakeholders to modernize OPRA in a way that protects the public from having their personal information, driver’s license numbers, and other sensitive information available for anyone to see.”
Coughlin’s move allows legislative leaders to hit a reset button on a politically charged bill and work with some stakeholders to find compromises to some points of contention.
The bill would also limit access to information, like personal cell phone numbers and email addresses, to for-profit commercial data companies.
“The advocates were awesome. Gives me a little faith, said former Senate Majority Leader Loretta Weinberg. “But we must remain vigilant.”
Senate Budget and Appropriations Committee Chairman Paul Sarlo said this afternoon that he supports Coughlin’s decision to delay consideration of the bill.
“In committee, we heard from dozens of individuals and groups who both supported and opposed the bill. The hearing involved hours of testimony, and everyone was given the opportunity to make their positions known. It was an opportunity
to gain additional, public input on the proposal through the legislative process,” Sarlo said. “The committee carefully considered the testimony, and I believe that certain amendments will make this a better bill. There are amendments that will not only foster greater transparency, but will include effective ways of modernizing the 20-year old OPRA law, reducing the profiteering of OPRA at the expense of municipalities and taxpayers, and protecting the personal information of private citizens.”
New Jersey Working Families State Director Antoinette Miles thanked Coughlin and Assembly Appropriations Committee Chair Lisa Swain for “listening to the voices of countless advocates who have called for a pause in consideration of the poorly conceived OPRA bill.”
“A strong open records law is a cornerstone of democracy and has been critical to protecting taxpayer dollars and holding our elected officials accountable. We know that a rushed process will only damage public trust in our institutions,” said Miles. “We want to work with the bill’s sponsors and legislative leaders on a bill that addresses legitimate concerns around privacy and data harvesting while protecting the public’s rights to transparency and open government. Let’s use this pause to get it right.”
Sarah Fajardo of the American Civil Liberties Union – New Jersey praised the move by Coughlin to put more work into the bill.
“Democracy only functions when the voice of the people is heard, and today, we were heard. That this rushed effort to roll back transparency was poised to pass via backroom deals without public input is lost on no one, and New Jerseyans deserve better. We are grateful to Speaker Coughlin and the other legislative leaders who heard us loud and clear: you need to slow down and let us speak,” she said. “Our work to protect and expand the public’s access to government records, not restrict it, is far from over.”
This story was updated at 1:35 PM and 3:41 PM.