OPRA FAQs
- All government records are subject to public access under the Open Public Records Act (“OPRA”), unless specifically exempt.
- A request for access to a government record under OPRA must be in writing, hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian. N.J.S.A. 47:1A-5.g. The seven (7) business day response time does not commence until the records custodian receives the request form. If you submit the request form to any other officer or employee of the City of Summit, that officer or employee must either forward the request to the appropriate custodian, or direct you to the appropriate custodian. N.J.S.A. 47:1A-5.h.
- Requestors may submit requests anonymously. If you elect not to provide a name, address, or telephone number, or other means of contact, the custodian is not required to respond until you reappear before the custodian seeking a response to the original request.
- The fees for duplication of a government record are located in the Deposit, Fee Schedule and Delivery tab. We will notify you of any special service charges or other additional charges authorized by the State law or regulation before processing your request. Payment shall be made by cash, check or money order payable to the City of Summit.
- The custodian may require a deposit against costs for reproducing documents sought through an anonymous request whenever the custodian anticipates that the documents requested will cost in excess of $5.00 to reproduce.
- Where a special service charge is warranted under OPRA, that amount will be communicated to you as required under the statute. You have the opportunity to review and object to the charge prior to it being incurred. If, however, you approve of the fact and amount of the special service charge, you may be required to pay a deposit or pay in full prior to the reproduction of the documents.
- If any additional charges authorized by the State law or regulation are required, that amount will be communicated to you as required under the statute. Payment must be made by cash, check, or money order payable to the City of Summit.
- Letter Size Pages (8.5'' x 11'') $0.05 per page. Legal Size Pages (8.5'' x 14'')$0.07 per page. Delivery/Postage additional depending on delivery type. Other materials (CD, DVD, etc.) $3.00/CD or DVD. Special service charge dependent upon request.
- You may be charged a 50% or other deposit when a request for copies exceeds $25.00. The Records custodian will contact you and advise you of any deposit requirements. Anonymous requests, when permitted, require a deposit of 100% of estimated fees. You agree to pay the balance due upon delivery of the records.
- Under OPRA, a custodian must deny access to a person who has been convicted of an indictable offense in New Jersey, any other state, or the United States, and who is seeking governmental records containing personal information pertaining to the person's victim or the victim's family. This includes anonymous requests for said information
- By law, the City of Summit must notify you that it grants or denies a report for access to government records within seven (7) business days after the agency custodian of records receives the request. If the record requested is not currently available or is in storage, the custodian will advise you within seven (7) business days after receipt of the request when the record can be made available and the estimated cost for reproduction.
- You may be denied access to a government record if you request would substantially disrupt agency operations and the custodian is unable to reach a reasonable solution with you.
- If the City of Summit is unable to comply with your request for access to the government record, the custodian will indicate the reasons for denial on the request form and send you a signed and dated copy or other written correspondence
- Except as otherwise provided by law or by agreement with the requester, if the agency custodian of records fails to respond to you within seven (7) business days of receiving a request, the failure to respond is a deemed denial of your request.
- If your request for access to a government record has been denied or unfilled within the seven (7) business days required by law, you have a right to challenge the decision by the City of Summit to deny access. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government Records Council (GRC) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email protected], or at their web site at www.state.nj.us/grc. The GRC can also answer other questions about the law. All questions regarding complaints filed in Superior Court should be directed to the Court Clerk in your County.
- Information provided on this form may be subject to disclosure under the Open Public Records Act.
For a listing of frequently asked questions, please follow this link: https://www.nj.gov/grc/public/faqs/