Acting N.J. governor signs overhaul of public-records law
By The Associated Press
01.08.02
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TRENTON, N.J. — The first overhaul in 38 years of New Jersey's statute governing public access to government records was signed into law today, ending two years of wrangling.
Acting Gov. Donald T. DiFrancesco signed the measure, which he described as imperfect, in his last half-hour in office.
"This bill represents about 95 percent of what we wanted," DiFrancesco said just before signing the legislation. "It throws open the doors of government like we've never done before."
The new law stipulates all government files and papers are to be considered public records available on demand unless a special law or provision seals them. The old law said only those government documents specifically required by state law were open to public inspection.
The new law allows penalties against local officials who refuse to comply in a reasonable manner and sets up a state commission to arbitrate disputes without lawsuits.
After two years of give and take, Assembly Speaker Jack Collins inserted a last-minute amendment Jan. 3 exempting state legislators from some of the disclosure provisions, especially on letters from constituents.
This caused some supporters to turn away from the bill, charging legislators with setting a double standard. But advocates said it was worth the trade-off to get the overall improvements.
The Assembly passed the amended bill Jan. 3; the Senate approved it last night.
State Sen. Byron M. Baer, D-Bergen, said he was disappointed with some of the final amendments in the bill, but that it was nonetheless a victory for New Jersey's citizens.
"The people have the ultimate power in a democracy," Baer said. "They need to have the information to steer their representatives."
Joe Tyrrell, president of the New Jersey Foundation for Open Government, said the new law needed improvement, but he called its enactment a big step forward.
"We're much better off today with him signing this legislation than we have been for years," Tyrrell said.
DiFrancesco called on incoming lawmakers to continue to work on improving public access to government records.
As for the new law, he said, "Our citizens deserve nothing less."
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