N.J. governor cites terror threat to keep own records secret
By The Associated Press
07.10.02
TRENTON, N.J. — Citing a need to protect the state against terrorism, Gov. James E. McGreevey signed an order yesterday that will keep secret many documents from his office and several state agencies.
The order gives broad guidelines for which documents would be exempt from the state's newly strengthened open-records law, stating that any material whose release would increase the risk of potential acts of terror should remain confidential.
The New Jersey Press Association, which campaigned to get the state's 38-year-old public-records law updated, said the restrictions were vague and duplicated security protections already in the law.
"We are concerned about the scope. It seems to include material that is not directly related to safety," said NJPA attorney Thomas Cafferty.
The order is intended to include measures to specifically target terrorism, administration officials said.
"There were some provisions for security matters (in the new open-records law,) but the attorney general is of the view those protections need to be broader," said Jo Astrid Glading, the governor's communications director.
The executive order will also temporarily implement restrictions proposed by state government departments as exemptions in the law. More than 400 restrictions have been proposed but they may not be finalized until after a public comment period ends on Aug. 30.
Charter school applications, building permits, and applications for farmland acquisitions would be private under the proposed restrictions from state government departments.
By adding new exemptions, the order goes against the law's intent of providing better access to government information, said Jeff Tittel of the Sierra Club.
"We see this administration backsliding into the backroom with the public's right to know," Tittel said.
The new open-records law, which went into effect July 8, presumes all government records are public unless they are specifically exempted. Previously, those curious about a government action in most cases had to rely on the officials who created a record to decide if it could be released. The old law only covered a limited range of documents.
The new law already includes exemptions for lawmakers' documents and correspondence. Documents from the governor's office that are exempt under McGreevey's order include advisory opinions and constituent letters.
Attorney General David Samson, along with a panel studying anti-terror efforts, will decide which records will be kept private to protect homeland security. Until the regulation is written, government offices are directed to handle records requests in a way to protect against security breaches.
"The governor is committed to implementing a law in a way that provides the greatest measure of access," Glading said.